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PRINTER'S NO. 1647
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1005
Session of
2017
INTRODUCED BY COX, FEE, GROVE, JAMES, MENTZER, MILLARD,
B. MILLER, PICKETT, ROTHMAN, RYAN, TOPPER AND ZIMMERMAN,
MAY 5, 2017
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MAY 5, 2017
AN ACT
Repealing the act of July 14, 1961 (P.L.604, No.304), entitled
"An act relating to apprenticeship and training; creating a
State Apprenticeship and Training Council in the Department
of Labor and Industry to formulate an apprenticeship and
training policy and program, and defining its powers and
duties and providing for administration."
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of July 14, 1961 (P.L.604, No.304), known
as The Apprenticeship and Training Act, is repealed:
[AN ACT
Relating to apprenticeship and training; creating a State
Apprenticeship and Training Council in the Department of
Labor and Industry to formulate an apprenticeship and
training policy and program, and defining its powers and
duties and providing for administration.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Declaration of Policy.--It is declared to be the
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policy of this act, (1) to encourage the development of an
apprenticeship and training system through the voluntary
cooperation of management and labor and interested State
agencies and in cooperation with other states and the Federal
Government; (2) to provide for the establishment and furtherance
of standards of apprenticeship and training to safeguard the
welfare of apprentices and trainees; (3) to aid in providing
maximum opportunities for unemployed and employed persons to
improve and modernize their work skills; and (4) to contribute
to a healthy economy by aiding in the development and
maintenance of a skilled labor force sufficient in numbers and
quality to meet the expanding needs of Pennsylvania industry and
to attract new industry.
Section 2. Short Title.--This act shall be known and may be
cited as "The Apprenticeship and Training Act."
Section 3. State Apprenticeship and Training Council.--There
is hereby created a State Apprenticeship and Training Council
(hereinafter called "The Council") as a departmental agency in
the Department of Labor and Industry to be composed of eleven
members who shall be appointed by the Governor. Four members
shall be representatives of employes and four members shall be
representatives of employers and three members shall be
representatives of the general public. Members of the council,
other than the ex-officio members, shall be appointed for a term
of four years and until their successors are appointed, except
that two of the original members shall be appointed for a term
of one year, two for a term of two years, and two for a term of
three years, and two for a term of four years. Members of the
council shall be eligible for reappointment. In case of a
vacancy, the Governor shall make an appointment for the
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unexpired term. A Deputy Secretary of the Department of Labor
and Industry, the Director of the State Employment Service of
the Bureau of Employment Security of the Department of Labor and
Industry, the Executive Director of the Advisory Board on
Problems of Older Workers of the Department of Labor and
Industry, and the Coordinator of Industrial Education of the
Department of Public Instruction, and Chief of the Bureau of
Rehabilitation of the Department of Labor and Industry, shall be
ex-officio members of the council but shall not be entitled to
vote, except that in the event of a tie vote, the Deputy
Secretary of Labor and Industry shall have the right to cast the
tie-breaking vote. The council shall organize immediately upon
its appointment, and annually thereafter, by the election of one
of its members as chairman and another as vice-chairman, one of
whom shall be a representative of employes and the other a
representative of employers. Each member of the State
Apprenticeship and Training Council, except ex-officio members,
shall receive actual traveling expenses and per diem
compensation at the rate of twenty-five dollars ($25) per day
for the time actually devoted to the business of the council.
Section 4. Powers and Duties.--(a) The council shall (1)
establish standards for apprenticeship in conformity with the
provisions of this act and applicable statutes and regulations
of the Federal Government; (2) adopt such rules and regulations,
subject only to the approval of the Secretary of Labor and
Industry, as may be necessary to carry out the intent and
purpose of this act; (3) compile such data on population and
employment trends, industrial production, vocational and
industrial education and job requirements as may be deemed
necessary to carry out the intent and purpose of this act; (4)
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to terminate or cancel any apprenticeship agreements in
accordance with the provisions of such agreements or order
modifications of such agreements; (5) maintain close liaison
with Bureau of Apprenticeship and Training, the United States
Department of Labor, the State Board of Vocational Education,
the Department of Public Instruction, the Department of
Commerce, Bureau of Rehabilitation of the Department of Labor
and Industry, and Juvenile Forestry Camps under the Department
of Public Welfare, and such other agencies which carry on
programs closely related to the purposes of this act; (6)
conduct studies, surveys and investigations of the special
problems of retraining or training unemployed or employed
persons to improve or modernize work skills and make appropriate
recommendations to cooperating agencies described above, local
community organizations, local school boards and the Secretary
of Labor and Industry; (7) act as a convening agency in local
communities to bring together local representatives of employes,
employers, educational agencies and industrial development
agencies in order to promote closer local cooperation in
establishing better apprenticeship and other training programs
including programs for employed persons who wish to improve and
modernize their work skills; (8) use appropriate media of
information and education to acquaint employers, employes and
the public at large with the advantages and availability of
apprenticeship and other occupational training programs; (9)
study the effectiveness of apprenticeship agreements and make
recommendations in accordance with the provisions of such
agreements for their improvement; and (10) perform such other
duties as may be necessary to give full effect to the provisions
of this act.
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(b) The council shall make a report to the Secretary of the
Department of Labor and Industry, on or before February
fifteenth, each year, indicating the extent of apprenticeship
and other occupational training programs during the previous
year, trends in employment requiring adjustments in
apprenticeship training and other occupational programs, needs
for expansion of apprenticeship and other occupational training
programs, activities of the council and such recommendations as
are in accord with the purposes of this act.
(c) No action affecting the status of an agreement shall be
taken by the council until an attempt has been made to bring the
employes and employer together to settle the problem in
conformity with the standards of the council.
Section 5. Meetings.--Meetings of the council shall be held
monthly and as often as is necessary in the opinion of the
majority of the council. The chairman shall designate the time
and place of the meetings and the secretary shall notify all
council members at least one week in advance of each meeting. A
majority of the voting membership of the council shall
constitute a quorum if at least one representative from both the
employe and employer groups is present.
Section 6. Administration.--The Secretary of the Department
of Labor and Industry shall appoint a Director of Apprenticeship
and Training who shall be responsible to the Secretary of Labor
and Industry in carrying out the provisions of this act and who
shall serve as ex-officio secretary of the council. The
Secretary of the Department of Labor and Industry is authorized
to appoint or make available to the Director of Apprenticeship
and Training such clerical, technical and professional services
necessary to the performance of his duties.
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Section 7. Director Duties.--The Director of Apprenticeship
and Training shall carry out the purposes of this act. His
duties shall include, but shall not be limited to, (1)
encouragement and promotion of the standards established in
accordance with this act and with the basic standards of the
Federal Committee on Apprenticeship; (2) bringing about the
settlement of differences arising out of apprenticeship
agreements when the differences cannot be adjusted locally or in
accordance with established trade procedure; (3) supervision of
the execution of agreements and maintenance of standards; (4)
registration of apprenticeship agreements as the council shall
authorize as conforming to the established standards; (5)
keeping a record of apprenticeship agreements and, upon
performance thereof, issuing certificates of completion of
apprenticeship; (6) execution of the actions of the council in
all of its powers and duties under section 4 of this act; (7)
encouragement of liaison and cooperation between all private,
State and Federal agencies concerned with apprenticeship, trade
and industrial training; (8) promotion of employe, employer and
public awareness of apprenticeship and other occupational
training; and (9) keeping a record of the progress of
apprenticeship and training programs initiated in accordance
with the provisions of this act and informing the council
periodically as to the results.
Section 8. Limitation.--The provisions of this act shall
apply only to persons, copartnerships, associations,
corporations and political subdivisions, and employer
associations or organizations or associations of employes as
voluntarily elect to conform with its provisions.
Section 9. General Repeal.--All acts or parts of acts
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inconsistent herewith are hereby repealed.
Section 10. This act shall become effective June 1, 1961.]
Section 2. This act shall take effect in 60 days.
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