[Rev. 5/2/2022 8:09:19 AM--2021]
NRS 610.010 Definitions.
NRS 610.020 Purposes.
STATE APPRENTICESHIP COUNCIL
NRS 610.030 Creation; members.
NRS 610.040 Terms of office of members.
NRS 610.050 Vacancies.
NRS 610.070 Officers; bylaws; meetings; quorum.
NRS 610.080 Compensation of members and employees.
NRS 610.090 Duties.
NRS 610.095 Additional duties.
NRS 610.100 Report to Legislature and public.
ADMINISTRATION AND ENFORCEMENT
NRS 610.110 State Apprenticeship Director: Appointment; qualifications.
NRS 610.120 Duties of State Apprenticeship Director.
NRS 610.140 Duties of local or state joint apprenticeship committees.
NRS 610.144 Requirements for program to be eligible for registration and approval by State Apprenticeship Council.
NRS 610.146 Representation of employees and apprentices in management of program with more than one employer.
NRS 610.150 Required contents of agreement.
NRS 610.160 Approval of agreement; signatures; training extending into majority.
NRS 610.170 Agreement signed by association of employers or organization of employees.
NRS 610.175 Determination of hours completed under certain educational training programs which may be counted towards hours required under apprenticeship program.
NRS 610.180 Violations of programs or agreements: Investigations; hearings; exhaustion of administrative remedies.
NRS 610.185 Suspension of right to participate in program if discrimination practiced.
NRS 610.190 Effect of chapter on collective bargaining agreement establishing higher standards.
NRS 610.195 Employer’s authority to enforce statutory health and safety requirements notwithstanding antidiscrimination protections relating to hair texture and protective hairstyles.
1. “Agreement” means a written and signed agreement of indenture as an apprentice.
2. “Apprentice” means a person who is covered by a written agreement, issued pursuant to a program with an employer, or with an association of employers or an organization of employees acting as agent for an employer.
3. “Council” means the State Apprenticeship Council created by NRS 610.030.
4. “Disability” means, with respect to a person:
(a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;
(b) A record of such an impairment; or
(c) Being regarded as having such an impairment.
5. “Gender identity or expression” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.
6. “Program” means a program of training and instruction as an apprentice in an apprenticeable occupation, as defined in 29 C.F.R. § 29.4.
7. “Protective hairstyle” includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.
8. “Race” includes traits associated with race, including, without limitation, hair texture and protective hairstyles.
9. “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.
10. “State Apprenticeship Director” means the person appointed pursuant to NRS 610.110.
1. To open to people, without regard to race, color, creed, sex, sexual orientation, gender identity or expression, religion, disability, genetic information, national origin or age of 40 years or older, the opportunity to obtain training that will equip them for profitable employment and citizenship.
2. To establish, as a means to this end, an organized program for the voluntary training of persons under approved standards for apprenticeship, providing facilities for their training and guidance in the arts and crafts of industry and trade, with instruction in related and supplementary education.
3. To promote opportunities for employment for all persons, without regard to race, color, creed, sex, sexual orientation, gender identity or expression, religion, disability, genetic information, national origin or age of 40 years or older, under conditions providing adequate training and reasonable earnings.
4. To regulate the supply of skilled workers in relation to the demand for skilled workers.
5. To establish standards for the training of apprentices in approved programs.
6. To establish a State Apprenticeship Council.
7. To provide for a State Apprenticeship Director with the authority to carry out the purposes of this chapter.
8. To provide for reports to the Legislature and to the public regarding the status of the training of apprentices in the State.
9. To accomplish related ends.
STATE APPRENTICESHIP COUNCIL
1. The following voting members, appointed by the Governor upon recommendation of the Labor Commissioner:
(a) Two members who represent management and have, or have had, a defined role in a jointly administered apprenticeship program, one of whom must be from northern Nevada and one of whom must be from southern Nevada.
(b) Two members who represent labor and have, or have had, a defined role in a jointly administered apprenticeship program, one of whom must be from northern Nevada and one of whom must be from southern Nevada.
(c) Two members, one who represents management and one who represents labor, who have, or have had, a defined role or job in a statewide, jointly administered apprenticeship program.
(d) One member who is a representative of the general public.
2. The following nonvoting members:
(a) The Executive Director of the Office of Economic Development or his or her designee.
(b) The Superintendent of Public Instruction or his or her designee.
(c) One representative of a community college located in a county whose population is 700,000 or more, appointed by the Chancellor of the Nevada System of Higher Education.
(d) One representative of a community college located in a county whose population is less than 700,000, appointed by the Chancellor of the Nevada System of Higher Education.
1. Each voting member of the Council shall serve for a term of 3 years, so long as the member has the qualifications required by NRS 610.030. A member of the Council who no longer has the qualifications specified in NRS 610.030 under which the member was appointed shall continue to serve on the Council until the member’s successor is appointed. A voting member may not serve more than four terms.
2. The voting members of the Council serve at the pleasure of the Governor.
3. The nonvoting members of the Council appointed pursuant to paragraphs (c) and (d) of subsection 2 of NRS 610.030 serve at the pleasure of the Chancellor of the Nevada System of Higher Education.
[Part 2:192:1939; 1931 NCL § 506.01]
1. The Labor Commissioner shall select from the membership of the Council a Chair and Vice Chair, who shall hold office for 2 years. Notwithstanding the provisions of NRS 610.030, the Chair, or the Vice Chair in the absence of the Chair, is not entitled to a vote except to break a tie.
2. The State Apprenticeship Director shall serve as the nonvoting Secretary of the Council.
3. The Council may prescribe such bylaws as it deems necessary for its operation.
4. The Council shall meet at least once in each calendar quarter at a time and place specified by the call of the Chair, the State Apprenticeship Director, the Labor Commissioner or a majority of the members of the Council. Special meetings of the Council may be held at the call of the Chair, the State Apprenticeship Director, the Labor Commissioner or a majority of the members of the Council at such additional times as they deem necessary.
5. The Chair, or the Vice Chair in the absence of the Chair, and four voting members of the Council constitutes a quorum, and a quorum may exercise any power or authority conferred on the Council.
1. Each member of the Council is entitled to receive a salary of not more than $80 per day, as fixed by the Council, while attending meetings of the Council.
2. While engaged in the business of the Council, each member and employee of the Council is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
1. Establish standards for programs and agreements that are not lower than those prescribed by this chapter.
2. Upon review and approval, extend written reciprocal recognition to multistate joint programs.
3. Adopt such regulations as may be necessary to carry out the intent and purposes of this chapter.
4. Administer the provisions of this chapter as a regulatory body.
5. Consistent with its duties and obligations under this chapter, demonstrate linkages and coordination with the State’s economic development strategies and workforce investment system that is paid for wholly or in part out of public money, as set forth in 29 C.F.R. § 29.13.
6. Adopt regulations pursuant to 29 C.F.R. Parts 29 and 30.
7. Perform such other functions as may be necessary for the fulfillment of the intent and purposes of this chapter.
1. Register and approve or reject proposed programs and standards for apprenticeship.
2. After providing notice and a hearing and for good cause shown, deny an application for approval of a program, suspend, terminate, cancel or place conditions upon any approved program, or place an approved program on probation for any violation of the provisions of this title as specified in regulations adopted by the State Apprenticeship Council.
ADMINISTRATION AND ENFORCEMENT
1. The Labor Commissioner shall appoint a State Apprenticeship Director.
2. The State Apprenticeship Director:
(a) Shall report to the Labor Commissioner.
(b) Is in the unclassified service of the State and serves at the pleasure of the Labor Commissioner.
(c) Must have responsible administrative experience in public or business administration or must possess broad management skills in areas related to the functions of this chapter.
(d) Must have the demonstrated ability to administer a major public agency in the field of workforce development, and must possess the following skills and attributes:
(1) A comprehensive knowledge of administrative principles and a working knowledge of broad principles relating to subject matters under his or her administrative direction.
(2) The administrative ability to assess the adequacy of agency operations and the protection of the public interest as related to the subject fields.
(3) An ability to organize and present oral and written communication to the Governor, the Legislature and other pertinent officials or persons.
(4) A background which demonstrates that he or she can impartially serve the interests of both employees and employers.
(e) Must not, at the time of appointment or at any time during his or her term of office, receive payment or compensation as the officer of any labor organization or have a pecuniary interest in any labor organization.
1. Under the direction of the Labor Commissioner, the State Apprenticeship Director shall:
(a) Administer the provisions of this chapter with the advice and guidance of the State Apprenticeship Council.
(b) Keep a record of agreements and their dispositions.
(c) Issue certificates of completion of apprenticeship at the request of the local joint apprenticeship committee.
(d) Promote apprenticeship programs through public engagement activities and other initiatives.
(e) Ensure information and resources related to applications for new apprenticeship programs are made available to the public, including, without limitation, information related to technical assistance and requirements for applicants of new apprenticeship programs.
(f) Establish and maintain an Internet website that provides information regarding apprenticeship programs to the public.
(g) Assist the Council in identifying opportunities for linkages and coordination with the State’s economic development strategies and workforce investment system that is paid for wholly or in part with public money, in accordance with 29 C.F.R. § 29.13.
(h) Coordinate community-based outreach initiatives designed to promote apprenticeship opportunities among students, displaced workers and other persons who face barriers to entering the workforce.
(i) Prepare budgets and compile annual reports to the Legislature and the Governor.
(j) Perform other administrative duties on behalf of the Council.
(k) Perform such other duties as are necessary to carry out the intent and purposes of this chapter.
2. The administration and supervision of related and supplemental instruction for apprentices, coordination of instruction with job experiences, and the selection and training of teachers and coordinators for that instruction are the responsibility of the local joint apprenticeship committees.
3. As used in this section, “technical assistance” means guidance provided by the State Apprenticeship Director to the sponsor of a proposed or existing apprenticeship program for the development, revision, amendment or processing of standards of apprenticeship or apprenticeship agreements and the provision of advice to or consultation with such a sponsor to further compliance with the provisions of this chapter and any regulations adopted pursuant thereto.
1. A local or state apprenticeship committee shall:
(a) In accordance with standards established by the Council, work in an advisory capacity with employers and employees in matters regarding schedules of operations, application of wage rates, and working conditions for apprentices, which conditions must specify the number of apprentices which may be employed locally in the trade under programs and agreements entered into under this chapter.
(b) Adjust disputes concerning apprenticeships not otherwise provided for in bona fide collective bargaining agreements.
(c) Within 10 days after the termination of any agreement, submit to the State Apprenticeship Director a written notice which includes the name of the apprentice and the reason for the termination.
(d) Keep the Council informed of all actions.
2. The decisions of local or state joint apprenticeship committees are, at all times, subject to appeal to the Council.
1. To be eligible for registration and approval by the Council, a proposed program must:
(a) Be an organized, written plan embodying the terms and conditions of employment, training and supervision of one or more apprentices in an apprenticeable occupation, as defined in 29 C.F.R. § 29.4, and be subscribed to by a sponsor who has undertaken to carry out the program.
(b) Except as otherwise provided in this paragraph, use a:
(1) Time-based approach, as described in 29 C.F.R. § 29.5(b)(2)(i);
(2) Competency-based approach, as described in 29 C.F.R. § 29.5(b)(2)(ii); or
(3) Hybrid approach, as described in 29 C.F.R. § 29.5(b)(2)(iii).
Ê A program for a construction trade must use a time-based approach.
(c) Contain the pledge of equal opportunity prescribed in 29 C.F.R. § 30.3(c) and, when applicable:
(1) A plan of affirmative action in accordance with 29 C.F.R. § 30.4;
(2) A method of selection authorized in 29 C.F.R. § 30.10;
(3) A nondiscriminatory pool for application as an apprentice; or
(4) Similar requirements expressed in a state plan for equal opportunity in employment in apprenticeships adopted pursuant to 29 C.F.R. Part 30 and approved by the United States Department of Labor.
(d) Provide for the development of skills that are intended to enable an apprentice to engage in a skilled trade generally, rather than for a particular employer or sponsor.
(1) Provisions concerning the employment and training of the apprentice in a skilled trade;
(2) A term of apprenticeship that:
(I) If the program uses a time-based approach, requires the completion of not less than 2,000 hours of on-the-job learning, consistent with training requirements as established by practice in the trade;
(II) If the program uses a competency-based approach, specifies the skills that must be demonstrated by an apprentice and addresses how on-the-job learning will be integrated into the program; or
(III) If the program uses a hybrid approach, specifies the skills that must be acquired and the minimum number of hours of on-the-job learning that must be completed by an apprentice;
(3) An outline of the processes in which the apprentice will receive supervised experience and training on the job, and the allocation of the approximate time to be spent in each major process;
(4) Provisions for organized, related and supplemental instruction in technical subjects related to the trade with a minimum of 144 hours for each year of apprenticeship, given in a classroom or through trade, industrial or correspondence courses of equivalent value or other forms of study approved by the Council;
(5) A progressively increasing, reasonable and profitable schedule of wages to be paid to the apprentice consistent with the skills acquired, not less than that allowed by federal or state law or regulations, by a collective bargaining agreement or by the minimum apprentice wage established by the Council;
(6) Provisions for a periodic review and evaluation of the apprentice’s progress in performance on the job and related instruction and the maintenance of appropriate records of such progress;
(7) A numeric ratio of apprentices to journeymen consistent with proper supervision, training, safety, continuity of employment and applicable provisions in collective bargaining agreements, in language that is specific and clear as to its application;
(8) A probationary period that is reasonable in relation to the full term of apprenticeship, with full credit given for that period toward the completion of the full term of apprenticeship;
(9) Provisions for adequate and safe equipment and facilities for training and supervision and for the training of apprentices in safety on the job and in related instruction;
(10) The minimum qualifications required by a sponsor for persons entering the program, with an eligible starting age of not less than 16 years;
(11) Provisions for the placement of an apprentice under a written agreement as required by this chapter, incorporating directly or by reference the standards of the program;
(12) Provisions for the granting of advanced standing or credit to all applicants on an equal basis for previously acquired experience, training or skills, with commensurate wages for each advanced step granted;
(13) Provisions for the transfer of the employer’s training obligation when the employer is unable to fulfill his or her obligation under the agreement to another employer under the same or a similar program with the consent of the apprentice and the local joint apprenticeship committee or sponsor of the program;
(14) Provisions for the assurance of qualified training personnel and adequate supervision on the job;
(15) Provisions for the issuance of an appropriate certificate evidencing the successful completion of an apprenticeship;
(16) An identification of the Office of Labor Commissioner as the agency for registration of the program;
(17) Provisions for the registration of agreements and of modifications and amendments thereto;
(18) Provisions for notice to the State Apprenticeship Director of persons who have successfully completed the program and of all cancellations, suspensions and terminations of agreements and the causes therefor;
(19) Provisions for the termination of an agreement during the probationary period by either party without cause;
(20) A statement that the program will be conducted, operated and administered in conformity with the applicable provisions of 29 C.F.R. Part 30 or a state plan for equal opportunity in employment in apprenticeships adopted pursuant to 29 C.F.R. Part 30 and approved by the United States Department of Labor;
(21) The name and address of the appropriate authority under the program to receive, process and make disposition of complaints; and
(22) Provisions for the recording and maintenance of all records concerning apprenticeships as may be required by the Council and applicable laws.
2. If a program of apprenticeship in a skilled trade is proposed by an employer or association of employers for approval and registration by the Council and the Council has previously approved and registered a program for the skilled trade, the Council shall provide a copy of the proposed program to the sponsor of the approved and registered program and hold a hearing before approving or rejecting the application. The Council shall not approve a proposed program pursuant to this subsection unless the program requires the completion of at least as many hours of on-the-job learning or the demonstration of at least the same number and quality of skills, or both, as applicable, as all existing approved and registered programs in the relevant skilled trade.
3. To determine whether a proposed program should be approved or rejected pursuant to subsection 2, the Council shall consider, in addition to the requirements in subsections 1 and 2, without limitation:
(a) Relevant information concerning the approved and registered program, including, without limitation, the standards for apprenticeship of the program;
(b) Whether the sponsor of the approved and registered program is jointly administered by labor and management;
(c) The provisions of any applicable collective bargaining agreements;
(d) Dictionaries of occupational titles;
(e) Opinions of experts provided by interested parties, including, without limitation, organized labor, licensed contractors and associations of contractors;
(f) Recognized labor and management practices in the relevant industry;
(g) Scope of work descriptions issued by the Labor Commissioner and the United States Department of Labor; and
(h) The supply of skilled workers in the trade in relation to the demand for skilled workers in the trade and the extent to which the sponsor of the approved and registered program is willing and able to provide apprentices to the proposed program.
Ê The Council may condition approval of the proposed program on the payment of compensation to apprentices that is equal to or greater than the compensation provided by the approved and registered apprenticeship program.
NRS 610.146 Representation of employees and apprentices in management of program with more than one employer. All programs operated with more than one employer or an association of employers must include provisions sufficient to ensure meaningful and trustworthy representation of the interests of employees and apprentices in the management of the program.
(Added to NRS by 1987, 442)
1. The names and signatures of the contracting parties and the signature of a parent or legal guardian if the apprentice is a minor.
2. The date of birth of the apprentice.
3. The name and address of the sponsor of the program.
4. A statement of the trade or craft in which the apprentice is to be trained, and the beginning date and expected duration of the apprenticeship.
5. A statement showing the number of hours to be spent by the apprentice in work and the number of hours to be spent in related and supplemental instruction, which instruction must not be less than 144 hours per year.
6. A statement setting forth a schedule of the processes in the trade or division of industry in which the apprentice is to be trained and the approximate time to be spent at each process.
7. A statement of the graduated scale of wages to be paid the apprentice and whether or not compensation is to be paid for the required time in school.
8. Statements providing:
(a) For a specific period of probation during which the agreement may be terminated by either party to the agreement upon written notice to the State Apprenticeship Director; and
(b) That after the probationary period the agreement may be cancelled at the request of the apprentice, or suspended, cancelled or terminated by the sponsor for good cause, with due notice to the apprentice and a reasonable opportunity for corrective action, and with written notice to the apprentice and the State Apprenticeship Director of the final action taken.
9. A reference incorporating as part of the agreement the standards of the program as it exists on the date of the agreement and as it may be amended during the period of the agreement.
10. A statement that the apprentice will be accorded equal opportunity in all phases of employment and training as an apprentice without discrimination because of race, color, creed, sex, sexual orientation, gender identity or expression, religion, disability, genetic information, national origin or age of 40 years or older.
11. A statement naming the Council as the authority designated pursuant to NRS 610.180 to receive, process and dispose of controversies or differences arising out of the agreement when the controversies or differences cannot be adjusted locally or resolved in accordance with the program or collective bargaining agreements.
12. Such additional terms and conditions as are prescribed or approved by the Council not inconsistent with the provisions of this chapter.
1. No agreement under this chapter is effective until it is approved by the local joint apprenticeship committee and the Council. A copy of the agreement must be forwarded within 10 days after approval by the local joint apprenticeship committee to the Council.
2. Every agreement must be signed by the employer, by an association of employers or by an organization of employees acting as agent for an employer, and by the apprentice. If the apprentice is a minor, the agreement must also be signed by:
(a) Both parents, if the minor is living with both parents;
(b) The custodial parent, if the minor is living with only one parent; or
(c) The minor’s legal guardian.
3. If a minor enters into an agreement under this chapter for a period of training extending into his or her majority, the agreement is likewise binding for the period covered during his or her majority.
NRS 610.170 Agreement signed by association of employers or organization of employees. For the purpose of providing greater diversity of training or continuity of employment, any agreement made under this chapter may, at the discretion of the local joint apprenticeship committee, be signed by an association of employers or an organization of employees instead of by an individual employer. In that case the agreement must provide expressly that the association of employers or organization of employees does not assume the obligation of an employer, but agrees to use its best endeavors to procure employment and training for the apprentice with one or more employers who will accept full responsibility, as provided in this chapter, for all the terms and conditions of employment and training set forth in the agreement between the apprentice and the association of employers or organization of employees during the period of employment.
[10:192:1939; 1931 NCL § 506.09]—(NRS A 1987, 447)
NRS 610.175 Determination of hours completed under certain educational training programs which may be counted towards hours required under apprenticeship program. The Council may determine the number of hours, if any, completed by a person pursuant to a training program for occupational, vocational, career, trade or technical education pursuant to NRS 622.087 which may count towards the number of hours required for a program approved by the Council pursuant to this chapter.
(Added to NRS by 2021, 2158)
1. Upon the complaint of any interested person or upon its own initiative, the Council may investigate to determine if there has been a violation of the terms or conditions of an approved program or an agreement made under this chapter. The Council may hold necessary hearings, inquiries and other proceedings. The parties to each agreement and the sponsors and interested participants in the program shall be given a fair and impartial hearing, after reasonable notice. A copy of the determination or decision of each hearing must be filed with the State Apprenticeship Director.
2. A person shall not institute any action based upon:
(a) An agreement;
(b) Proposed or approved standards for apprenticeship; or
(c) A program governed by this chapter,
Ê unless the person first exhausts all administrative remedies provided by this chapter.
NRS 610.185 Suspension of right to participate in program if discrimination practiced. The State Apprenticeship Council shall suspend for 1 year the right of any employer, association of employers or organization of employees acting as agent for an employer to participate in a program under the provisions of this chapter if the Nevada Equal Rights Commission, after notice and hearing, finds that the employer, association or organization has discriminated against an apprentice because of race, color, creed, sex, sexual orientation, gender identity or expression, religion, disability, genetic information, national origin or age of 40 years or older, in violation of this chapter.
NRS 610.190 Effect of chapter on collective bargaining agreement establishing higher standards. Nothing in this chapter or in any agreement, standard or program approved under this chapter invalidates any provision in any collective bargaining agreement between employers and employees setting up higher standards for apprenticeship.
[12:192:1939; 1931 NCL § 506.11]—(NRS A 1987, 448)
NRS 610.195 Employer’s authority to enforce statutory health and safety requirements notwithstanding antidiscrimination protections relating to hair texture and protective hairstyles. Notwithstanding the protections in this chapter for hair texture and protective hairstyles, an employer may enforce health and safety requirements set forth in federal or state law.
(Added to NRS by 2021, 1702)