2009 -- H 5582

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LC01759

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2009

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A N A C T

RELATING TO LABOR AND LABOR RELATIONS

     Introduced By: Representative Donald J. Lally

     Date Introduced: February 25, 2009

     Referred To: House Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 28-45-9 of the General Laws in Chapter 28-45 entitled

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"Apprenticeship Programs in Trade and Industry" is hereby amended to read as follows:

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     28-45-9. Standards of apprenticeship programs. -- An apprenticeship program, to be

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eligible for approval and registration with the council, shall conform to the following standards:

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      (1) The program is an organized, written plan embodying the terms and conditions of

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employment, training, and supervision of one or more apprentices in the apprenticeable

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occupation, as defined in this chapter and subscribed to by a sponsor who has undertaken to carry

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out the apprentice training program.

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      (2) The program standards contain the equal opportunity pledge prescribed in 29 CFR

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30.3(b) and, when applicable, an affirmative action plan in accordance with 29 CFR 30.4, a

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selection method authorized in 29 CFR 30.5, or similar requirements expressed in a state plan for

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equal employment opportunity in apprenticeship adopted pursuant to 29 CFR Part 30 and

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approved by the U.S. department of labor, and provisions concerning the following:

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      (i) The employment and training of the apprentice in a skilled trade;

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      (ii) A term of apprenticeship not less than two thousand (2,000) hours of work

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experience, consistent with training requirements as established by industry practice;

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      (iii) An outline of the work processes in which the apprentice will receive supervised

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work experience and training on the job, and the allocation of the approximate time to be spent in

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each major process;

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      (iv) Provision for organized, related, and supplemental instruction in technical subjects

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related to the trade. A minimum of one hundred forty-four (144) hours for each year of

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apprenticeship is recommended. The instruction may be given in a classroom or through trade,

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industrial, or correspondence courses of equivalent value, or other forms of self-study approved

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by the apprenticeship council;

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      (v) A progressively increasing schedule of wages to be paid the apprentice consistent

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with the skill acquired which shall average, over the required hours or years for completion, not

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less than approximately one half ( 1/2) of the journeyperson's rate. The entry wage shall be not

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less than the minimum wage prescribed by the Fair Labor Standards Act, 29 U.S.C. section 201 et

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seq., where applicable, unless a higher wage is required by other applicable federal law, state law,

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respective regulations, or by collective bargaining agreement;

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      (vi) Periodic review and evaluation of the apprentice's progress in job performance and

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related instruction, and the maintenance of appropriate progress records;

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      (vii) The numeric ratio of apprentices to journeypersons consistent with proper

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supervision, training, safety, and continuity of employment, and applicable provisions in

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collective bargaining agreements, except where the ratios are expressly prohibited by the

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collective bargaining agreement. The ratio language shall be specific and clear as to application in

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terms of jobsite, work force, department or plant; on each individual job site shall be the

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following for the below unlicensed trades:

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     Trade Commercial Residential Manufacturing/Shops

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     Bricklayers 1-1 then 1-5 1-1 1-1 then 1-5

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     Carpenters 1-1 then 1-5 1-1 1-1 then 1-4

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     Ironworkers 1-1 then 1-5 1-1 1-1 then 1-5

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     Laborers 1-1 then 1-5 1-1 1-1

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     Painters 1-1 then 1-3 1-1 1-1

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     Glaziers 1-1 then 1-3 1-1 1-1

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     Plasterers & Cement Masons 1-1 then 1-5 1-1 1-1

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     Roofers 1-1 then 1-5 1-1 1-1

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     Heat & Frost Insulators 1-1 then 1-5 1-1 N/A

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     (viii) A probationary period reasonable in relation to the full apprenticeship term, with

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full credit given for the period toward completion of apprenticeship;

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      (ix) Adequate and safe equipment and facilities for training and supervision, and safety

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training for apprentices on the job and in related instruction;

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      (x) The minimum qualifications required by a sponsor for persons entering the

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apprenticeship program, with an eligible starting age not less than sixteen (16) years;

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      (xi) The placement of an apprentice under a written apprenticeship agreement that

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conforms to the requirements of this chapter. The agreement shall directly, or by reference,

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incorporate the standards of the program as part of the agreement;

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      (xii) The granting of advanced standing or credit for previously acquired experience,

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training, or skills for all applicants equally, with commensurate wages for any progression step so

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granted;

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      (xiii) Transfer of employer's training obligation when the employer is unable to fulfill his

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or her obligation under the apprenticeship agreement to another employer under the same

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program with consent of the new employer, the apprentice, and the apprenticeship council;

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      (xiv) Assurance of qualified training personnel and adequate supervision on the job;

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      (xv) Recognition for successful completion of apprenticeship evidenced by an

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appropriate certificate;

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      (xvi) Identification of the registration agency;

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      (xvii) Provision for the registration, cancellation, and deregistration of the program, and

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requirement for the prompt submission of any modification or amendment to it;

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      (xviii) Provision for registration of apprenticeship agreements, modifications, and

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amendments; notice to the apprenticeship council of persons who have successfully completed

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apprenticeship programs; and notice of cancellations, suspensions, and terminations of

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apprenticeship agreements and causes for the cancellations, suspensions or terminations;

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      (xix) Authority for the termination of an apprenticeship agreement during the

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probationary period by either party without stated cause;

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      (xx) A statement that the program will be conducted, operated, and administered in

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conformity with applicable provisions of 29 CFR Part 30, or a state EEO in apprenticeship plan

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adopted pursuant to 29 CFR Part 30 and approved by the U.S. Department of Labor;

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      (xxi) Name and address of the appropriate authority under the program to receive,

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process, and make disposition of complaints;

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      (xxii) Recording and maintenance of all records concerning apprenticeship as may be

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required by the U.S. bureau of apprenticeship and training, employment and training

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administration or the apprenticeship council and other applicable law.

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     SECTION 2. Section 28-27-4.3 of the General Laws in Chapter 28-27 entitled

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"Mechanical Trades" is hereby amended to read as follows:

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     28-27-4.3. "Pipefitter apprentice," "refrigeration/air conditioning apprentice,"

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"journeyperson sprinkler fitter apprentice" and "journeyperson sheet metal worker

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apprentice" defined -- Duration of apprentice programs. -- (a) "Journeyperson sheet metal

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worker apprentice" means any person at least eighteen (18) years of age who is learning or

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working at the businesses of sheet metal work under the direct supervision of a sheet metal

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contractor or journeyperson sheet metal worker under a registered state sanctioned apprentice

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program.

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     The direct jobsite supervision ratio for sheet metal worker apprentices shall be one

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apprentice to one journeyperson on residential construction projects of four (4) units or less and at

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any manufacturing facility. On residential projects with more than four (4) units and all

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commercial projects, the jobsite supervision ratio shall be one apprentice to one journeyperson

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up to the first three (3) employees on any one jobsite; thereafter the ratio shall be one apprentice

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to every three (3) journeypersons.

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      (b) "Journeyperson sprinkler fitter apprentice" means any person at least eighteen (18)

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years of age who is learning or working at the business of fire protection sprinkler systems under

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the direct supervision of a master or journeyperson sprinkler fitter under a registered state

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sanctioned apprentice program.

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     The direct jobsite supervision ratio for sprinkler fitter apprentices shall be one apprentice

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to one journeyperson on residential construction projects of four (4) units or less and at any

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manufacturing facility. On residential projects with more than four (4) units and all commercial

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projects, the jobsite supervision ratio shall be one apprentice to one journeyperson up to the first

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three (3) employees on any jobsite; thereafter, the ratio shall be one apprentice to every three (3)

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journeypersons.

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      (c) "Pipefitter apprentice" means any person at least eighteen (18) years of age who is

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learning or working at the business of pipefitting under the direct supervision of a master

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pipefitter or journeyperson pipefitter under a registered state sanctioned apprentice program.

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     The direct jobsite supervision ratio for pipefitter apprentices shall be one apprentice to

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one journeyperson on residential construction projects of four (4) units or less and at any

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manufacturing facility. On residential projects with more than four (4) units and all commercial

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projects, the jobsite supervision ratio shall be one apprentice to one journeyperson up to the first

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three (3) employees on any jobsite; thereafter, the ratio shall be one apprentice to every three (3)

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journeypersons.

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      (d) Pipefitter, refrigeration, sprinkler fitter and sheet metal worker apprentice programs

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are of a five (5) year duration, except as detailed in section 28-27-4.2, for all Class II limited

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licenses.

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      (e) "Refrigeration/air conditioning apprentice" means any person at least eighteen (18)

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years of age who is learning and working at the business of refrigeration/air conditioning under

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the direct supervision of a refrigeration/air conditioning master or journeyperson under a

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registered state sanctioned apprentice program.

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     The direct jobsite supervision ratio for refrigeration/air conditioning apprentices shall be

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one apprentice to one journeyperson on residential construction projects of four (4) units or less

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and at any manufacturing facility. On residential projects with more than four (4) units and all

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commercial projects, the jobsite supervision ratio shall be one apprentice to one journeyperson up

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to the first three (3) employees on any jobsite; thereafter, the ratio shall be one apprentice to every

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three (3) journeypersons.

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     SECTION 3. Section 5-6-24 of the General Laws in Chapter 5-6 entitled "Electricians" is

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hereby amended to read as follows:

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     5-6-24. Apprentices -- Registration fee. -- (a) This chapter does not forbid the

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employment of one properly limited registered apprentice electrician working with and under the

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direct personal supervision of a certificate B licensed journeyperson electrician for the first four

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(4) employees on any one jobsite. Thereafter, the ratio of registered apprentice electricians to

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journeyperson supervision shall not exceed a ratio of two (2) apprentices for every three (3)

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journeypersons on any one jobsite. Additionally, this chapter does not forbid the employment of:

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(1) one properly registered apprentice oil burnerperson working with and under the direct

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personal supervision of a licensed oil burnerperson; (2) one properly registered apprentice fire

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alarm installer working with and under the direct personal supervision of a licensed fire alarm

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installer; or (3) two (2) properly registered apprentice electrical sign installer working with and

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under the direct personal supervision of a licensed electrical sign installer; (4) one properly

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registered apprentice maintenance electrician working with and under the direct personal

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supervision of a valid Class C or Class D license holder; or (5) one properly registered apprentice

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lightning protection installer working with and under the direct personal supervision of a licensed

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lightning protection installer (LPI). Apprentices are required to register with the division of

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professional regulation initially upon payment of a fee of twenty dollars ($20.00) per year.

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Apprentices are required to register with the division of professional regulation immediately upon

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employment with a properly licensed electrical contractor or lightning protection contractor.

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      (b) Indentured apprentice electricians are required to work a minimum of eight thousand

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(8,000) hours over a period of time of not less than four (4) years and successfully complete one

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hundred forty-four (144) hours of related instruction per year in an indentured apprenticeship

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program approved by the Rhode Island department of labor and training, to qualify for the

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journeyperson "B" electrician examination; provided, however, apprentices may receive credit for

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one hundred forty-four (144) hours of classroom training gained in a vocational school authorized

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by the board of regents for elementary and secondary education and approved by the Rhode

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Island department of labor and training apprenticeship council. Provided, that the test applicant

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has possessed for at least four (4) years prior to the filing of the application a certificate of

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registration in full force and effect from the department of labor and training of Rhode Island

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specifying the person as an indentured apprentice, and the application of an applicant is

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accompanied by an affidavit or affidavits of his or her employer or former employers or other

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reasonably satisfactory evidence showing that the applicant has been actually engaged in

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electrical work as an apprentice in Rhode Island during those four (4) years, or the application is

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accompanied by an affidavit or other reasonably satisfactory evidence showing that the applicant

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has successfully completed a course of study in a recognized college or university and has

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pursued a course of electrical technology for at least two (2) academic years or is the recipient of

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an associate degree in electrical technology, and has thereafter been indentured by the department

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of labor and training as an apprentice for at least two (2) years and employed as an indentured

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apprentice by a duly licensed electrician master in this state for a period of two (2) years, or a

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showing that the applicant possesses a certificate of license issued under the laws of another state.

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Limited registered apprentice electricians shall be required to work a minimum of four thousand

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(4,000) hours over a period of time of not less than two (2) years.

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      (c) Indentured apprentice maintenance electricians are required to work a minimum of

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six thousand (6,000) hours over a period of time of not less than three (3) years and successfully

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complete a one hundred forty-four (144) hours of related instruction per year in an indentured

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apprenticeship program approved by the Rhode Island department of labor and training, to qualify

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for the journeyperson "M" electrician examination. Provided, however, that the test applicant has

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possessed for at least three (3) years prior to the filing of the application a certificate of

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registration in full force and effect from the department of labor and training of Rhode Island

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specifying the person as an indentured apprentice, and the application of an applicant is

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accompanied by an affidavit or affidavits of his or her employer or former employers or other

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reasonably satisfactory evidence showing that the applicant has been actually engaged in

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electrical work as an apprentice in Rhode Island during those three (3) years. Class M

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journeyperson electricians may qualify to take the journeyperson "B" electrician examination

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upon registering as a fourth year apprentice and becoming employed by a properly licensed Class

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A electrical contractor for that period of time.

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      (d) Apprentice lightning protection installers are required to work a minimum of four

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thousand (4,000) hours over a period of time of not less than two (2) years to qualify for the

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lightning protection installer (LPI) examination. Provided, that the test applicant has possessed

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for at least two (2) years prior to the filing of the application a certificate of registration in full

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force and effect from the department of labor and training of Rhode Island specifying the person

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as an apprentice lightning protection installer, and the application of an applicant is accompanied

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by an affidavit or affidavits of his or her employer or former employers or other reasonably

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satisfactory evidence showing that the applicant has been actually engaged in lightning protection

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work as an apprentice during those two (2) years.

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     SECTION 4. This act shall take effect upon passage.

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LC01759

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS

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     This act would specify the ratio of apprentices to journeypersons in various fields of trade

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and industry.

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     This act would take effect upon passage.

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LC01759

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