BILL NUMBER: AB 1308	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Perea

                        FEBRUARY 27, 2015

   An act to amend Section 3075 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1308, as introduced, Perea. Apprenticeship programs: approval.
   Existing law provides for the establishment of apprenticeship
programs in various trades, to be approved by the Chief of the
Division of Apprenticeship Standards within the Department of
Industrial Relations in any trade in the state or in a city or trade
area whenever the apprentice training needs justify the
establishment. Under existing law, the apprentice training needs in
the building and construction trades are required to be deemed to
justify a new apprentice program only if one or more specified
conditions are met. Existing law also authorizes the California
Apprenticeship Council to approve a new apprenticeship program if
special circumstances, as established by regulation, justify the
establishment of the program. The California Apprenticeship Council
has not established any regulations to approve a new apprenticeship
program justified by special circumstances.
   This bill would revise conditions for when the apprentice training
needs in the building and construction trades justify a new
apprentice program. This bill would also remove the authority of the
California Apprenticeship Council to approve a new apprenticeship
program justified by special circumstances by regulation.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3075 of the Labor Code is amended to read:
   3075.  (a) An apprenticeship program may be administered by a
joint apprenticeship committee, unilateral management or labor
apprenticeship committee, or an individual employer. Programs may be
approved by the chief in any trade in the state or in a city or trade
area, whenever the apprentice training needs justify the
establishment. Where a collective bargaining agreement exists, a
program shall be jointly sponsored unless either party to the
agreement waives its right to representation in writing. Joint
apprenticeship committees shall be composed of an equal number of
employer and employee representatives.
   (b) For purposes of this section, the apprentice training needs in
the building and construction trades shall be deemed to justify the
approval of a new apprenticeship program only if any of the following
conditions are met:
   (1) There is no existing apprenticeship program approved under
this chapter serving the same craft or trade and geographic area.
   (2) Existing apprenticeship programs approved under this chapter
that serve the same craft or trade and geographic area do not have
the capacity, or neglect or refuse, to dispatch sufficient
apprentices to qualified employers at a public works site who 
have requested apprentices and  are willing to abide by the
applicable apprenticeship standards  , as shown by a sustained
pattern of unfilled requests  .
   (3) Existing apprenticeship programs approved under this chapter
that serve the same trade and geographic area have been identified by
the California Apprenticeship Council as deficient in meeting their
obligations under this chapter. 
   (c) Notwithstanding subdivision (b), the California Apprenticeship
Council may approve a new apprenticeship program if special
circumstances, as established by regulation, justify the
establishment of the program.  
   (c) For purposes of this section, an existing apprenticeship
program serves the "same craft or trade" as a proposed apprenticeship
program when there would be a substantial overlap in the work
processes covered by the programs or when graduates of the existing
program would be qualified to perform a substantial portion of the
work that would be performed by graduates of the new program.