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URGENT! Pending Legislation Requires Your Attention

Dear Valued Member,

Tell your Legislator to vote “NO” on S-4336 / A-6119, which revises "The Public Works Contractor Registration Act" and amends definition of registered apprenticeship program in the Senate Budget and Appropriations and Assembly Appropriations on Thursday January 9, 2020. This legislation could drastically change the way the New Jersey apprenticeship programs are run and possibly be used as a tool for organized labor to steal apprentices and hurt graduation or completion rates for ACCA-NJ members.

Call or email your Legislator and tell them to vote “NO” on this harmful piece of legislation.

 Click Here to Access a List of Representatives

 

 SYNOPSIS

     Revises “The Public Works Contractor Registration Act” and amends definition of registered apprenticeship program.

 

CURRENT VERSION OF TEXT

     As introduced.

 

An Act concerning registered apprenticeship programs, and amending and supplementing P.L.1999, c.238.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 3 of P.L.1999, c.238 (C.34:11-56.50) is amended to read as follows:

     3.    As used in [this act] chapter 11 of Title 34 of the Revised Statutes:      

     “Apprenticeship class” means the group of individual apprentices registered to a specific individual program during a one-year time frame, except that a cohort does not include the apprentices whose apprenticeship agreement has been cancelled during the probationary period.

     “Apprenticeable occupation” means a skilled trade or technical occupation that possesses all of the following characteristics:

     (1)   it is clearly identified and commonly recognized throughout an industry;

     (2)   it is customarily learned in a practical way through a structured, systematic program of on-the-job supervised training;

     (3)   it involves manual, mechanical, or technical skills and knowledge that require on-the-job training as provided for by each craft’s industry standards as registered with the United States Department of Labor or a minimum of 2,000 hours annually of on-the-job work experience; and

     (4)   it requires related classroom instruction to supplement the on-the-job training.

     "Commissioner" means the Commissioner of Labor and Workforce Development or his duly authorized representatives.

     “Completion rate” means the percentage of an apprenticeship class or group specific to each program who receives a certificate of apprenticeship completion within one year of the projected completion date.

     "Contractor" means a person, partnership, association, joint stock company, trust, corporation, or other legal business entity or successor thereof who enters into a contract which is subject to the provisions of the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), and includes any subcontractor or lower tier subcontractor of a contractor as defined herein.

     "Department" means the Department of Labor and Workforce Development.

     "Director" means the Director of the Division of Wage and Hour Compliance in the Department of Labor and Workforce Development.

     "Worker" includes laborer, mechanic, skilled or semi-skilled laborer and apprentices or helpers employed by any contractor or subcontractor and engaged in the performance of services directly upon a public work, who have completed or are actively participating in a registered apprenticeship program, regardless of whether their work becomes a component part thereof, but does not include material suppliers or their employees who do not perform services at the job site.

     "Registered apprenticeship program" or “program” means an apprenticeship program which is registered with and approved by the United States Department of Labor [and] , which provides each trainee with combined classroom and on-the-job training in an occupation recognized as an apprenticeable [trade  and meets the program standards of enrollment and graduation] occupation, and which involves the attainment of manual, mechanical, or technical skills and knowledge which, in accordance with the industry standard for the specific apprenticeable occupation, are outlined under [29 C.F.R. s.29.6] 29 C.F.R. s.29.5.

(cf: P.L.2019, c.21, s.1)

 

     2.    (New section)    a.   A registered apprenticeship program shall require the completion of the on-the-job training hours which conform to the industry standards for learning the skills of a specific craft or trade, as well as on-the-job organized, related instruction in technical subjects related to the specific apprenticeable occupation in conformance with industry standards.  The industry standards for program completion shall be based upon the training requirements as registered and certified by the United States Department of Labor each individual occupation and craft title published by the United States Department of Labor Employment and Training Administration.

     The length of a program shall depend upon the complexity of the occupation.  Program duration shall be not less than one year and not more than six years.  During the program, the apprentice shall receive both structured on-the-job-training and related classroom instruction.  For each year of the program, the apprentice shall receive at least 2,000 hours of on-the-job-training and at least 144 hours of related classroom instruction.

     The program shall include all other recommended minimum requirements as outlined under 29 C.F.R. s.29.5 including, but not limited to, a successful demonstration of competency, the registration of program standards, the submission and publication of program completion rates which meet the program performance standards of enrollment and completion rates as outlined under 29 C.F.R. s.29.6, and meet the training recommendations, the terms and conditions of the employment and training agreement between the employer and the apprentice, and the publication of the graduated wages scales to be paid to the apprentice as outlined under 29 C.F.R. s.29.7.

     b.    Any person who makes or causes to be made, a false, deceptive or fraudulent statement on the public works contractor registration form shall be guilty of a misdemeanor, and shall, upon conviction, be subject to punishment by a fine of not less than $100.00 nor more than $1,000.00, and permanent disqualification from bidding on all public work or contracts; or, in the case of an individual who is an officer or employee charged with the duty of completion to the registration form for a person, firm, copartnership, association or corporation, by such fine or by imprisonment, not exceeding six months, or both.

 

     3.    This act shall take effect immediately.

 

STATEMENT

 

     This bill amends “The Public Works Contractor Registration Act,” to revise the definition of registered apprenticeship program (program) to conform to federal regulations concerning apprenticeships that are registered with and approved by the U.S. Department of Labor (USDOL).  Under the bill, a registered apprenticeship program would require the completion of the on-the-job training hours which conform to the industry standards for learning the skills of a specific craft or trade, as well as, on-the-job organized, related instruction in technical subjects related to the specific apprenticeable occupation in conformance with industry standards.  The industry standards for a registered apprenticeship program completion would be based upon the training requirements as registered and certified by the USDOL for each individual occupation and craft title published by the USDOL Employment and Training Administration.

     Under the bill, a program must include all other recommended minimum requirements as outlined under federal regulation including, but not limited to, a successful demonstration of competency, the registration of program standards, the submission and publication of program completion rates which meet the program performance standards of enrollment and completion rates as outlined under federal regulation, and meet the training recommendations, the terms and conditions of the employment and training agreement between the employer and the apprentice, and the publication of the graduated wages scales to be paid to the apprentice as outlined under federal regulation.

     The bill also adds a definition for completion rate to mean the percentage of an apprenticeship completion within one year of the projected completion date.  Under the bill, an apprenticeship class is

defined as the group of individual apprentices registered to a specific individual program during a one-year time frame, except that a cohort does not include the apprentices whose apprenticeship agreement has been cancelled during the probationary period.  The bill defines apprenticeable occupation to mean a skilled trade or technical occupation that possesses all of the following characteristics:

     (1)   it is clearly identified and commonly recognized throughout an industry;

     (2)   it is customarily learned in a practical way through a structured, systematic program of on-the-job supervised training;

     (3)   it involves manual, mechanical, or technical skills and knowledge that require on-the-job training as provided for by each craft’s industry standards as registered with the USDOL or a minimum of 2,000 hours annually of on-the-job work experience; and

     (4)   it requires related classroom instruction to supplement the on-the-job training.  Finally, the bill establishes a penalty, if found guilty, for false statements of not less than $100 nor more than $1,000, and a permanent ban from bidding on all public work or contracts for any contractor who knowingly provides false information on its public works contractor registration form and imprisonment of not more than six months.

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