TITLE XXIII
LABOR
Chapter 278
APPRENTICESHIP PROGRAMS IN TRADE AND INDUSTRY
Section 278:1
278:1 Purposes. –
The purposes of this chapter are:
I. To encourage employers, associations of employers and organizations of employees to voluntarily establish apprenticeship programs and the making of apprenticeship agreements;
II. To create opportunities for young people to obtain employment and adequate training in trades and industry with parallel instructions in related and supplementary education under conditions that will equip them for profitable employment and citizenship;
III. To cooperate with the promotion and development of apprenticeship programs and systems in other states and with the federal committee on apprenticeship appointed under Public Law No. 308-75th U.S. Congress (Fitzgerald Act);
IV. To encourage the registration and approval of apprenticeship programs and apprenticeship agreements by the United States Department of Labor, Office of Apprenticeship (OA).
Source. 1947, 166:1 par. 1. 2007, 241:1, eff. Aug. 24, 2007. 2021, 38:1, eff. July 16, 2021.
Section 278:2
278:2 Apprenticeship Council. –
There is hereby created a state apprenticeship advisory council (the council), composed of: the labor commissioner or designee, the commissioner of the department of employment security or designee, the commissioner of the department of education or designee, a member representing the community college system of New Hampshire appointed by the chancellor of the community college system, and 2 members who shall be employers and 2 members who shall be employees or persons who represent said employees. The commissioner of labor, or designee, shall act as chairman. The 2 members who are employers and the 2 members who are employees or who represent said employees shall be appointed by the governor with the advice and consent of the council. The initial appointment of these 4 members shall be as follows: one member for a term of one year, one member for a term of 2 years, one member for a term of 3 years, and one member for a term of 4 years. Upon the expiration of each of their terms and each year thereafter, one new member shall be appointed for a term of 4 years. The members of the council shall receive no compensation for their services.
Source. 1947, 166:1, par. 2. 1950, 5, part 18:10. RSA 278:2. 1957, 187:15. 1971, 347:1. 2007, 241:2, eff. Aug. 24, 2007. 2018, 109:1, eff. July 24, 2018.
Section 278:3
278:3 Duties. –
The council shall meet as often as may be necessary, and in cooperation with the OA and state departments of education and labor, encourage approval of consistent standards for on-the-job training programs to be coordinated with related course instruction and included in apprenticeship programs and agreements established in trade or industry by employee organizations, joint employee-employer committees, employers or employer groups; and may request the services of any state or federal agency or department which may be of assistance in carrying out the purposes of this chapter. In addition to the foregoing, the council shall:
I. Encourage and promote the development of apprenticeship programs and the making of apprenticeship agreements;
II. Assist the OA in bringing about the settlement of differences arising out of an apprenticeship agreement when such differences cannot be adjusted locally or in accordance with established trade procedure;
III. Recommend to the OA the registration of apprenticeship programs and agreements which provide equal opportunity for training and employment without regard to race, color, creed or national origin and which incorporate standards consistent with those already established and approved by the council and the OA, or terminate or cancel the registration of apprenticeship programs and agreements when said programs or agreements fail to meet or maintain said registration qualifications;
IV. Cooperate with the state department of education and the local school authorities in the organization and establishment of classes of related and supplemental instruction for apprentices employed under approved agreements;
V. Render such assistance and submit such information and data as may be requested by employers, employees and joint apprenticeship committees engaged in the formulation and operation of programs of apprenticeship, particularly in regard to work schedules, wages, conditions of employment, apprenticeship records and number of apprentices; and
VI. Review and assist the OA in the adoption of rules and regulations to insure nondiscrimination in all phases of apprenticeship and employment during apprenticeship.
Source. 1947, 166:1 par. 3. RSA 278:3. 1965, 66:1. 1969, 168:1, 2. 2007, 241:3, 4, eff. Aug. 24, 2007. 2021, 38:2, eff. July 16, 2021.
Section 278:3-a
278:3-a Personnel. –
For the purpose of carrying out administerial duties the council may employ assistants and clerical personnel as are necessary, who work under the general supervision of the labor commissioner.
Source. 1965, 66:2, eff. June 20, 1965.
Section 278:4
278:4 Transfer to Department of Labor. –
The apprenticeship advisory council as provided in RSA 278:2 shall function within the department of labor as a separate organizational entity, as heretofore constituted, and with all the powers and duties as heretofore provided.
Source. 1950, 5, part 18:12. 2007, 241:5, eff. Aug. 24, 2007.
Section 278:5
278:5 Biennial Report. –
The council shall biennially make a report of its activities and progress to the governor and council and the report shall also be contained in the biennial report of the department of labor.
Source. 1947, 166:1 par. 4. RSA 278:5. 1973, 140:37, eff. Jan. 1, 1974.
Section 278:6
278:6 Related and Supplemental Instruction. –
Related and supplemental instruction for apprentices, coordination of instruction with work experiences, and the selection of teachers and coordinators for such instruction shall be the responsibility of state and local boards of education. The state department of education shall be responsible and make provision subject to the department's decision on the allotment of its funds for related and supplementary instruction for apprentices as may be employed under apprenticeship programs registered and approved by the OA.
Source. 1947, 166:1 par. 5. 2007, 241:6, eff. Aug. 24, 2007. 2021, 38:3, eff. July 16, 2021.
Section 278:7
278:7 Local, Regional and State Joint Apprenticeship Committees. –
Local and state joint apprenticeship committees may be approved, in any trade or group of trades, in cities, regions of the state or trade areas, by the OA, whenever the apprentice training needs of such trade or group of trades or such regions justify such establishment. Such local, regional or state joint apprenticeship committees shall be composed of an equal number of employer and employee representatives selected by the respective local or state employer and employee organizations in such trade or group of trades; also such advisory members representing local boards or other agencies as may be deemed advisable. In a trade or group of trades in which there is no bona fide employer or employee organization, a joint committee may be composed of persons known to represent the interests of employers and of employees respectively, or a state joint apprenticeship committee may be approved as, or the council may act itself as, the joint committee in such trade or group of trades. Subject to the review of the OA, and in accordance with the standards established by the OA, such committees may devise standards for apprenticeship agreements and give such aid as may be necessary in their operation, in their respective trades and localities.
Source. 1947, 166:1 par. 6. 2007, 241:7, eff. Aug. 24, 2007. 2021, 38:3, eff. July 16, 2021.
Section 278:8
278:8 Repealed by 2021, 38:4, I, eff. July 16, 2021. –
Section 278:9
278:9 Repealed by 2021, 38:4, II, eff. July 16, 2021. –
Section 278:10
278:10 Applicability of Chapter. –
The provisions of this chapter shall apply to a person, firm, corporation or organization of employees or an association of employers only after such person, firm, corporation or organization of employees or association of employers has voluntarily elected to conform with its provisions.
Source. 1947, 166:1 par. 9, eff. May 29, 1947.