2005 Nevada Revised Statutes - Chapter 610 — Apprenticeships

CHAPTER 610 - APPRENTICESHIPS

GENERAL PROVISIONS

NRS 610.010 Definitions.

NRS 610.020 Purposes.

STATE APPRENTICESHIP COUNCIL

NRS 610.030 Creation;members.

NRS 610.040 Termsof office of members.

NRS 610.050 Vacancies.

NRS 610.060 Officers.

NRS 610.070 Meetings.

NRS 610.080 Compensationof members and employees.

NRS 610.090 Duties.

NRS 610.095 Additionalduties.

NRS 610.100 Reportto Legislature and public.

ADMINISTRATION AND ENFORCEMENT

NRS 610.110 LaborCommissioner to be State Director of Apprenticeship.

NRS 610.120 Powersof State Director of Apprenticeship.

NRS 610.140 Dutiesof local or state joint apprenticeship committees.

NRS 610.144 Requirementsfor program to be eligible for registration and approval by StateApprenticeship Council.

NRS 610.146 Representationof employees and apprentices in management of program with more than oneemployer.

NRS 610.150 Requiredcontents of agreement.

NRS 610.160 Approvalof agreement; signatures; training extending into majority.

NRS 610.170 Agreementsigned by association of employers or organization of employees.

NRS 610.180 Violationsof programs or agreements: Investigations; hearings; appeals; exhaustion ofadministrative remedies.

NRS 610.185 Suspensionof right to participate in program if discrimination practiced.

MISCELLANEOUS PROVISIONS

NRS 610.190 Effectof chapter on collective bargaining agreement establishing higher standards.

_________

GENERAL PROVISIONS

NRS 610.010 Definitions. As used in this chapter, unless the context otherwiserequires:

1. Agreement means a written and signed agreement ofindenture as an apprentice.

2. Apprentice means a person who is covered by awritten agreement, issued pursuant to a program with an employer, or with anassociation of employers or an organization of employees acting as agent for anemployer.

3. Disability means, with respect to a person:

(a) A physical or mental impairment that substantiallylimits one or more of the major life activities of the person;

(b) A record of such an impairment; or

(c) Being regarded as having such an impairment.

4. Program means a program of training andinstruction as an apprentice in an occupation in which a person may beapprenticed.

5. Sexual orientation means having or beingperceived as having an orientation for heterosexuality, homosexuality orbisexuality.

[7:192:1939; 1931 NCL 506.06](NRS A 1977, 281;1979, 766; 1987, 442; 1991, 1021; 1999, 1935)

NRS 610.020 Purposes. The purposes of this chapter are:

1. To open to people, without regard to race, color,creed, sex, sexual orientation, religion, disability or national origin, theopportunity to obtain training that will equip them for profitable employmentand citizenship.

2. To establish, as a means to this end, an organizedprogram for the voluntary training of persons under approved standards forapprenticeship, providing facilities for their training and guidance in thearts and crafts of industry and trade, with instruction in related andsupplementary education.

3. To promote opportunities for employment for allpersons, without regard to race, color, creed, sex, sexual orientation,religion, disability or national origin, under conditions providing adequatetraining and reasonable earnings.

4. To regulate the supply of skilled workers inrelation to the demand for skilled workers.

5. To establish standards for the training ofapprentices in approved programs.

6. To establish a State Apprenticeship Council withthe authority to carry out the purposes of this chapter and provide for localjoint apprenticeship committees to assist in carrying out the purposes of thischapter.

7. To provide for a State Director of Apprenticeship.

8. To provide for reports to the Legislature and tothe public regarding the status of the training of apprentices in the State.

9. To establish procedures for regulating programs anddeciding controversies concerning programs and agreements.

10. To accomplish related ends.

[1:192:1939; 1931 NCL 506](NRS A 1960, 79; 1975,1454; 1977, 282; 1987, 442; 1991, 1022; 1999, 1936)

STATE APPRENTICESHIP COUNCIL

NRS 610.030 Creation;members.

1. A State Apprenticeship Council composed of sevenmembers is hereby created.

2. The Labor Commissioner shall appoint:

(a) Three members who are representatives from employerassociations and have knowledge concerning occupations in which a person may beapprenticed.

(b) Three members who are representatives from employeeorganizations and have knowledge concerning occupations in which a person maybe apprenticed.

(c) One member who is a representative of the generalpublic and who, before his appointment, must first receive the unanimousapproval of the members appointed under the provisions of paragraphs (a) and(b).

3. The state official who has been designated by theState Board for Career and Technical Education as being in charge of trade andindustrial education is an ex officio member of the State ApprenticeshipCouncil but may not vote.

[Part 2:192:1939; 1931 NCL 506.01](NRS A 1985,818; 1987, 443; 2005,1053)

NRS 610.040 Termsof office of members.

1. In making the initial appointments to the Council,the Labor Commissioner shall appoint:

(a) One member who is a representative from employerassociations, one member who is a representative from employee organizations,and one member who is the representative from the general public for terms of 1year.

(b) One member who is a representative from employerassociations and one member who is a representative from employee organizationsfor terms of 2 years.

(c) One member who is a representative from employerassociations and one member who is a representative from employee organizationsfor terms of 3 years.

2. After the initial appointments provided for insubsection 1, each member shall serve for a term of 3 years.

[Part 2:192:1939; 1931 NCL 506.01](NRS A 1977,1245)

NRS 610.050 Vacancies. Any member appointed to fill a vacancy occurring prior tothe expiration of the term of his predecessor shall be appointed for the remainderof the term.

[Part 2:192:1939; 1931 NCL 506.01]

NRS 610.060 Officers.

1. The member who is a representative of the generalpublic shall act as Chairman of the State Apprenticeship Council but shall notvote on matters before the Council except in the case of a tie.

2. The Labor Commissioner or his appointedrepresentative is the ex officio Secretary of the State Apprenticeship Council,but may not vote.

[Part 2:192:1939; 1931 NCL 506.01] + [Part3:192:1939; 1931 NCL 506.02](NRS A 1987, 443)

NRS 610.070 Meetings. The State Apprenticeship Council shall meet at least oncein each calendar quarter and may meet at other times at the call of a majorityof its members.

[Part 2:192:1939; 1931 NCL 506.01](NRS A 1977,282; 1983, 1448; 1987, 444)

NRS 610.080 Compensationof members and employees.

1. Each member of the State Apprenticeship Council isentitled to receive a salary of not more than $80 per day, as fixed by theCouncil while attending meetings of the Council.

2. While engaged in the business of the Council, eachmember and employee of the Council is entitled to receive the per diemallowance and travel expenses provided for state officers and employeesgenerally.

[Part 12 1/2:192:1939; added 1947, 766; 1943 NCL 506.11a](NRS A 1969, 772; 1975, 300; 1981, 1989; 1987, 1312; 1989, 1721)

NRS 610.090 Duties. The State Apprenticeship Council shall:

1. Establish standards for programs and agreementsthat are not lower than those prescribed by this chapter.

2. Upon review and approval, extend written reciprocalrecognition to multistate joint programs.

3. Adopt such regulations as may be necessary to carryout the intent and purposes of this chapter.

4. Perform such other functions as may be necessaryfor the fulfillment of the intent and purposes of this chapter.

[Part 2:192:1939; 1931 NCL 506.01](NRS A 1987,444)

NRS 610.095 Additionalduties. The State Apprenticeship Councilshall:

1. Register and approve or reject proposed programsand standards for apprenticeship.

2. After providing notice and a hearing and for goodcause shown, deny an application for approval of a program, suspend, terminate,cancel or place conditions upon any approved program, or place an approvedprogram on probation for any violation of the provisions of this title asspecified in regulations adopted by the State Apprenticeship Council.

(Added to NRS by 1987, 442; A 2001, 481)

NRS 610.100 Reportto Legislature and public. The StateApprenticeship Council shall make a report of its activities and findings,through the Labor Commissioner, as provided in NRS 607.080, to the Legislature and to thepublic.

[Part 2:192:1939; 1931 NCL 506.01](NRS A 1965, 68)

ADMINISTRATION AND ENFORCEMENT

NRS 610.110 LaborCommissioner to be State Director of Apprenticeship. TheLabor Commissioner or his duly appointed representative shall be ex officioState Director of Apprenticeship.

[Part 3:192:1939; 1931 NCL 506.02]

NRS 610.120 Powersof State Director of Apprenticeship.

1. The State Director of Apprenticeship shall:

(a) Administer the provisions of this chapter with theadvice and guidance of the State Apprenticeship Council.

(b) In cooperation with the State ApprenticeshipCouncil and local or state joint apprenticeship committees, set up conditionsand standards for proposed programs, that are not less stringent than thoseprescribed by this chapter.

(c) Approve any agreement which meets the standardsestablished under this chapter and terminate or cancel any agreement inaccordance with the provisions of the agreement, the program, this chapter andthe standards approved by the State Apprenticeship Council.

(d) Keep a record of agreements and their dispositions.

(e) Issue certificates of completion of apprenticeshipat the request of the local joint apprenticeship committee.

(f) Perform such other duties as are necessary to carryout the intent and purposes of this chapter.

2. The administration and supervision of related andsupplemental instruction for apprentices, coordination of instruction with jobexperiences, and the selection and training of teachers and coordinators forthat instruction are the responsibility of the local joint apprenticeshipcommittees.

[4:192:1939; 1931 NCL 506.03](NRS A 1977, 282;1987, 444)

NRS 610.140 Dutiesof local or state joint apprenticeship committees.

1. A local or state apprenticeship committee shall:

(a) In accordance with standards set up by the StateApprenticeship Council, work in an advisory capacity with employers andemployees in matters regarding schedules of operations, application of wagerates, and working conditions for apprentices, which conditions must specifythe number of apprentices which may be employed locally in the trade underprograms and agreements entered into under this chapter.

(b) Adjust disputes concerning apprenticeships nototherwise provided for in bona fide collective bargaining agreements.

(c) Within 10 days after the termination of anyagreement, submit to the State Apprenticeship Council a written notice whichincludes the name of the apprentice and the reason for the termination.

(d) Keep the State Apprenticeship Council informed ofall actions.

2. The decisions of local or state jointapprenticeship committees are, at all times, subject to appeal to the StateApprenticeship Council.

[6:192:1939; 1931 NCL 506.05](NRS A 1977, 283;1987, 444)

NRS 610.144 Requirementsfor program to be eligible for registration and approval by StateApprenticeship Council. To be eligible forregistration and approval by the State Apprenticeship Council, a proposedprogram must:

1. Be an organized, written plan embodying the termsand conditions of employment, training and supervision of one or moreapprentices in an occupation in which a person may be apprenticed and besubscribed to by a sponsor who has undertaken to carry out the program.

2. Contain the pledge of equal opportunity prescribedin 29 C.F.R. 30.3(b) and, when applicable:

(a) A plan of affirmative action in accordance with 29C.F.R. 30.4;

(b) A method of selection authorized in 29 C.F.R. 30.5;

(c) A nondiscriminatory pool for application as anapprentice; or

(d) Similar requirements expressed in a state plan forequal opportunity in employment in apprenticeships adopted pursuant to 29C.F.R. Part 30 and approved by the Department of Labor.

3. Contain:

(a) Provisions concerning the employment and trainingof the apprentice in a skilled trade;

(b) A term of apprenticeship of not less than 2,000hours of work experience, consistent with training requirements as establishedby practice in the trade;

(c) An outline of the processes in which the apprenticewill receive supervised experience and training on the job, and the allocationof the approximate time to be spent in each major process;

(d) Provisions for organized, related and supplementalinstruction in technical subjects related to the trade with a minimum of 144hours for each year of apprenticeship, given in a classroom or through trade,industrial or correspondence courses of equivalent value or other forms ofstudy approved by the State Apprenticeship Council;

(e) A progressively increasing, reasonable andprofitable schedule of wages to be paid to the apprentice consistent with theskills acquired, not less than that allowed by federal or state law orregulations or by a collective bargaining agreement;

(f) Provisions for a periodic review and evaluation ofthe apprentices progress in performance on the job and related instruction andthe maintenance of appropriate records of his progress;

(g) A numeric ratio of apprentices to journeymenconsistent with proper supervision, training, safety, continuity of employmentand applicable provisions in collective bargaining agreements, in language thatis specific and clear as to its application in terms of job sites, workforces,departments or plants;

(h) A probationary period that is reasonable inrelation to the full term of apprenticeship, with full credit given for thatperiod toward the completion of the full term of apprenticeship;

(i) Provisions for adequate and safe equipment andfacilities for training and supervision and for the training of apprentices insafety on the job and in related instruction;

(j) The minimum qualifications required by a sponsorfor persons entering the program, with an eligible starting age of not lessthan 16 years;

(k) Provisions for the placement of an apprentice undera written agreement as required by this chapter, incorporating directly or byreference the standards of the program;

(l) Provisions for the granting of advanced standing orcredit to all applicants on an equal basis for previously acquired experience,training or skills, with commensurate wages for each advanced step granted;

(m) Provisions for the transfer of the employerstraining obligation when he is unable to fulfill his obligation under theagreement to another employer under the same or a similar program with theconsent of the apprentice and the local joint apprenticeship committee orsponsor of the program;

(n) Provisions for the assurance of qualified trainingpersonnel and adequate supervision on the job;

(o) Provisions for the issuance of an appropriatecertificate evidencing the successful completion of an apprenticeship;

(p) An identification of the State ApprenticeshipCouncil as the agency for registration of the program;

(q) Provisions for the registration of agreements andof modifications and amendments thereto;

(r) Provisions for notice to the Labor Commissioner ofpersons who have successfully completed the program and of all cancellations,suspensions and terminations of agreements and the causes therefor;

(s) Provisions for the termination of an agreementduring the probationary period by either party without cause;

(t) A statement that the program will be conducted,operated and administered in conformity with the applicable provisions of 29C.F.R. Part 30 or a state plan for equal opportunity in employment inapprenticeships adopted pursuant to 29 C.F.R. Part 30 and approved by theDepartment of Labor;

(u) The name and address of the appropriate authorityunder the program to receive, process and make disposition of complaints; and

(v) Provisions for the recording and maintenance of allrecords concerning apprenticeships as may be required by the StateApprenticeship Council and applicable laws.

(Added to NRS by 1987, 440)

NRS 610.146 Representationof employees and apprentices in management of program with more than oneemployer. All programs operated with more thanone employer or an association of employers must include provisions sufficientto ensure meaningful and trustworthy representation of the interests of employeesand apprentices in the management of the program.

(Added to NRS by 1987, 442)

NRS 610.150 Requiredcontents of agreement. Every agreement enteredinto under this chapter must contain:

1. The names and signatures of the contracting partiesand the signature of a parent or legal guardian if the apprentice is a minor.

2. The date of birth of the apprentice.

3. The name and address of the sponsor of the program.

4. A statement of the trade or craft in which theapprentice is to be trained, and the beginning date and expected duration ofthe apprenticeship.

5. A statement showing the number of hours to be spentby the apprentice in work and the number of hours to be spent in related andsupplemental instruction, which instruction must not be less than 144 hours peryear.

6. A statement setting forth a schedule of theprocesses in the trade or division of industry in which the apprentice is to betrained and the approximate time to be spent at each process.

7. A statement of the graduated scale of wages to bepaid the apprentice and whether or not compensation is to be paid for therequired time in school.

8. Statements providing:

(a) For a specific period of probation during which theagreement may be terminated by either party to the agreement upon writtennotice to the State Apprenticeship Council; and

(b) That after the probationary period the agreementmay be cancelled at the request of the apprentice, or suspended, cancelled orterminated by the sponsor for good cause, with due notice to the apprentice anda reasonable opportunity for corrective action, and with written notice to theapprentice and the State Apprenticeship Council of the final action taken.

9. A reference incorporating as part of the agreementthe standards of the program as it exists on the date of the agreement and asit may be amended during the period of the agreement.

10. A statement that the apprentice will be accordedequal opportunity in all phases of employment and training as an apprenticewithout discrimination because of race, color, creed, sex, sexual orientation,religion or disability.

11. A statement naming the State ApprenticeshipCouncil as the authority designated pursuant to NRS 610.180 to receive, process and disposeof controversies or differences arising out of the agreement when thecontroversies or differences cannot be adjusted locally or resolved inaccordance with the program or collective bargaining agreements.

12. Such additional terms and conditions as areprescribed or approved by the State Apprenticeship Council not inconsistentwith the provisions of this chapter.

[8:192:1939; 1931 NCL 506.07](NRS A 1960, 80;1975, 1455; 1977, 283; 1983, 974; 1987, 445; 1991, 1022; 1999, 1936)

NRS 610.160 Approvalof agreement; signatures; training extending into majority.

1. No agreement under this chapter is effective untilit is approved by the local joint apprenticeship committee and the StateDirector of Apprenticeship. A copy of the agreement must be forwarded within 10days after approval by the local joint apprenticeship committee to the StateDirector of Apprenticeship.

2. Every agreement must be signed by the employer, byan association of employers or by an organization of employees acting as agentfor an employer, and by the apprentice. If the apprentice is a minor, theagreement must also be signed by:

(a) Both parents, if the minor is living with bothparents;

(b) The custodial parent, if the minor is living withonly one parent; or

(c) The minors legal guardian.

3. If a minor enters into an agreement under thischapter for a period of training extending into his majority, the agreement islikewise binding for the period covered during his majority.

[9:192:1939; 1931 NCL 506.08](NRS A 1975, 1487;1979, 766; 1987, 446)

NRS 610.170 Agreementsigned by association of employers or organization of employees. For the purpose of providing greater diversity of trainingor continuity of employment, any agreement made under this chapter may, at thediscretion of the local joint apprenticeship committee, be signed by anassociation of employers or an organization of employees instead of by anindividual employer. In that case the agreement must provide expressly that theassociation of employers or organization of employees does not assume theobligation of an employer, but agrees to use its best endeavors to procureemployment and training for the apprentice with one or more employers who willaccept full responsibility, as provided in this chapter, for all the terms andconditions of employment and training set forth in the agreement between the apprenticeand the association of employers or organization of employees during the periodof employment.

[10:192:1939; 1931 NCL 506.09](NRS A 1987, 447)

NRS 610.180 Violationsof programs or agreements: Investigations; hearings; appeals; exhaustion ofadministrative remedies.

1. Upon the complaint of any interested person or uponits own initiative, the State Apprenticeship Council may investigate todetermine if there has been a violation of the terms or conditions of anapproved program or an agreement made under this chapter. The StateApprenticeship Council may hold necessary hearings, inquiries and otherproceedings. The parties to each agreement and the sponsors and interestedparticipants in the program shall be given a fair and impartial hearing, afterreasonable notice. A copy of the determination or decision of each hearing mustbe filed with the Labor Commissioner, and if no appeal therefrom is filed withthe Labor Commissioner within 10 days after the date thereof the determinationor decision of the State Apprenticeship Council becomes the order of the LaborCommissioner.

2. Any person aggrieved by any determination or actionof the State Apprenticeship Council may appeal to the Labor Commissioner, whosedecision, when supported by evidence, is conclusive if notice of appealtherefrom to the courts is not filed within 30 days after the date of thedecision of the Labor Commissioner.

3. A person shall not institute any action based upon:

(a) An agreement;

(b) Proposed or approved standards for apprenticeship;or

(c) A program governed by this chapter,

unless hefirst exhausts all administrative remedies provided by this chapter.

[11:192:1939; 1931 NCL 506.10](NRS A 1977, 284;1987, 447)

NRS 610.185 Suspensionof right to participate in program if discrimination practiced. The State Apprenticeship Council shall suspend for 1 yearthe right of any employer, association of employers or organization ofemployees acting as agent for an employer to participate in a program under theprovisions of this chapter if the Nevada Equal Rights Commission, after noticeand hearing, finds that the employer, association or organization hasdiscriminated against an apprentice because of race, color, creed, sex, sexualorientation, religion, disability or national origin in violation of thischapter.

(Added to NRS by 1960, 81; A 1975, 1456; 1977, 83,285; 1987, 447; 1991, 1023; 1999, 1937)

MISCELLANEOUS PROVISIONS

NRS 610.190 Effectof chapter on collective bargaining agreement establishing higher standards. Nothing in this chapter or in any agreement, standard orprogram approved under this chapter invalidates any provision in any collectivebargaining agreement between employers and employees setting up higherstandards for apprenticeship.

[12:192:1939; 1931 NCL 506.11](NRS A 1987, 448)

 

Disclaimer: These codes may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.