NORTH CAROLINA GENERAL ASSEMBLY
1979 SESSION
CHAPTER 673
SENATE BILL 689
AN ACT TO AMEND PROVISIONS OF CHAPTER 94 OF THE GENERAL STATUTES RELATING TO APPRENTICESHIP PROGRAMS.
The General Assembly of North Carolina enacts:
Section 1. G.S. 94-1, as the same appears in the 1975 Replacement Volume 2C of the General Statutes, is hereby amended in the 10th and 11th lines by deleting therefrom the words "local and State joint apprenticeship committees" and substituting in lieu thereof the words "apprenticeship committees and sponsors".
Sec. 2. G.S. 94-4, as the same appears in the 1975 Replacement Volume 2C of the General Statutes, is hereby amended in the fifth line by deleting therefrom the words "local and State joint apprenticeship committees" and substituting in lieu thereof the words "apprenticeship committees and sponsors," and in the eighth line by deleting therefrom the words "and of each State joint apprenticeship committee".
Sec. 3. G.S. 94-5, as the same appears in the 1975 Replacement Volume 2C of the General Statutes, is rewritten to read as follows:
"§ 94-5. Apprenticeship committees and program sponsors. — (a) As used in this Chapter:
(1) 'Apprenticeship program' means a plan containing all terms and conditions for the qualification, recruitment, selection, employment, and training of apprentices, including such matters as the requirement for a written apprenticeship agreement.
(2) 'Apprenticeship agreement' means a written agreement between an apprentice and either his employer or an apprenticeship committee or sponsor acting as agent for employer(s), which agreement satisfies the requirements of G.S. 94-7.
(3) 'Sponsor' means any person, firm, corporation, organization, association or committee operating an apprenticeship program and in whose name the apprenticeship program is approved.
(4) 'Employer' means any person, firm, corporation or organization employing an apprentice whether or not such person, firm, corporation or organization is a party to an apprenticeship agreement with the apprentice.
(5) 'Apprenticeship committee' means those persons designated by the sponsor, and approved by the Apprenticeship Council, to act for it in the administration of the apprenticeship program. A committee may be 'joint,' i.e., it is composed of an equal number of representatives of the employer(s) and of the employees represented by a bona fide collective bargaining agent(s) and has been established to conduct, operate or administer an apprenticeship program and enter into apprenticeship agreements with apprentices. A committee may be 'unilateral' or 'nonjoint' which shall mean a program sponsor in which employees or a bona fide collective bargaining agent is not a party.
(b) An apprenticeship committee may be appointed by the Apprenticeship Council in any trade or group of trades in a city or trade area, whenever the apprentice training needs of such trade or group of trades justifies such establishment.
(c) The function of the apprenticeship committee, or sponsor when there is no apprenticeship committee, shall be: to cooperate with school authorities in regard to the education of apprentices; in accordance with the standards set up by the apprenticeship committee for the same trade or group of trades, where such committee has been appointed, to work in an advisory capacity with employers and employees in matters regarding schedule of operations, application of wage rates, and working conditions for apprentices and to specify the number of apprentices which shall be employed locally in the trade under the apprenticeship agreements under this Chapter; and to adjust apprenticeship disputes, subject to the approval of the director; to ascertain the prevailing rate for journeymen in the city or trade area and specify the graduated scale of wages applicable to apprentices in such trade in such area; to ascertain employment needs in such trade or group of trades and specify the appropriate current ratio of apprentices to journeymen; and to make recommendations for the general good of apprentices engaged in the trade or trades represented by the committee. An apprenticeship committee may appoint a representative and delegate to such representative the authority for implementation and performance of any standards adopted by the committee pursuant to any of the aforementioned functions."
Sec. 4. G.S. 94-6, as the same appears in the 1975 Replacement Volume 2C of the General Statutes, is rewritten to read as follows:
"§ 94-6. Definition of an apprentice. — The term 'apprentice,' as used herein, shall mean a person at least 16 years of age who is covered by a written apprenticeship agreement approved by the Apprenticeship Council, which apprenticeship agreement provides for not less than 2,000 hours of reasonably continuous employment for such person for his participation in an approved schedule of work experience and for organized, related supplemental instruction in technical subjects related to the trade. A minimum of 144 hours of related supplemental instruction for each year of apprenticeship is recommended. The required hours for apprenticeship agreements and the recommended hours for related supplemental instruction may be decreased or increased in accordance with standards adopted by the apprenticeship committee or sponsor, subject to approval of the Commissioner of Labor."
Sec. 5. G.S. 94-7(4), as the same appears in the 1977 Cumulative Supplement to the 1975 Replacement Volume 2C of the General Statutes, is hereby amended by rewriting the first sentence thereof to read as follows:
"A statement showing (1) the number of hours to be spent by the apprentice in work on the job, and (2) the number of hours to be spent in related and supplemental instruction, which is recommended to be not less than 144 hours per year."
Sec. 6. This act is effective upon ratification.
In the General Assembly read three times and ratified, this the 29th day of May, 1979.