Chapter 14. Voluntary Apprentices.
Subchapter I. General.
§ 32–1401. Purpose. [Repealed]
Repealed.
§ 32–1402. Apprenticeship Council; membership; term; compensation.
Without regard for any other provision of law with respect to the appointment of officers and employees of the United States or the District of Columbia, the Mayor of the District of Columbia shall appoint and the Council shall confirm an Apprenticeship Council, to be composed of 11 members, as follows: Three representatives from employer organizations, 3 representatives from employee organizations, and 3 public representatives, who are not members of either employee or employer organizations, chosen to make the Apprenticeship Council better reflect the composition of the District of Columbia labor force, including women and minorities who are traditionally under-represented in the trades, and 2 representatives of government, who shall be the Mayor of the District of Columbia and the Chancellor or their respective delegates. The terms of office of the members of the Apprenticeship Council first appointed by the Mayor shall expire as designated by the Mayor at the time of making the appointment: One representative each of employers, employees and the public being appointed for 1 year; 1 representative each of employers, employees and the public appointed for 2 years; and 1 representative each of employers, employees and the public for 3 years. Thereafter, each member shall be appointed for a term of 3 years. Any member appointed to fill a vacancy occurring prior to the expiration of the term of his predecessor shall be appointed for the remainder of the term. At the end of a term, a member shall continue to serve until a successor is appointed and sworn into office.
§ 32–1403. Associate Director of Apprenticeship.
(a) The Director of the Department of Employment Services shall appoint an Associate Director of Apprenticeship whose office shall have responsibility and accountability for the apprenticeship system in the District of Columbia.
(b)(1) The Office of Apprenticeship, Information and Training, which shall also be known as the Registration Agency, shall have the authority to approve apprenticeship registration for federal purposes.
(2) The Office of Apprenticeship, Information and Training is authorized to supply the Associate Director of Apprenticeship and the Apprenticeship Council with the clerical, technical, and professional assistance considered essential to effectuate the purposes of this subchapter.
§ 32–1404. Meetings of Apprenticeship Council; rules and regulations; reports.
The Apprenticeship Council shall meet at the call of the Associate Director of Apprenticeship, or the chairman thereof, and shall aid in formulating policies for the effective administration of this subchapter. Subject to the approval of the Director of the Department of Employment Services, the Apprenticeship Council shall establish standards for apprenticeship agreements in accordance with those prescribed by this subchapter, shall issue such rules and regulations as may be necessary to carry out the intent and purposes of this subchapter, and shall perform such other functions as are necessary to carry out the intent of this subchapter. Once every year the Registration Agency shall make a report through the Mayor of its findings and activities to the Council of the District of Columbia and to the public.
§ 32–1405. Duties of Associate Director of Apprenticeship.
The Associate Director of Apprenticeship, under the supervision of the Director of the Department of Employment Services and with the advice and guidance of the Apprenticeship Council, shall:
(1) Administer the provisions of this subchapter in cooperation with the Apprenticeship Council, local joint apprenticeship committees, and non-joint apprenticeship committees to develop criteria and training standards for apprentices, which shall in no case be lower than those required by this subchapter;
(2) Act as secretary of the Apprenticeship Council;
(3) Approve, if approval is in the best interest of the apprentice, any apprentice agreement that meets the standards established by or in accordance with this subchapter;
(4) Terminate or cancel any apprenticeship agreement in accordance with the provisions of the apprenticeship agreement;
(5) Engage with the State Board of Education and area community colleges on the administration and supervision of related and supplemental instruction for apprentices to ensure coordination of the instruction with job experiences; and
(6) Perform such other duties as necessary to carry out the intent of this subchapter.
§ 32–1406. Apprenticeship committees.
(a) Local joint apprenticeship committees and non-joint apprenticeship committees in any trade or group of trades may be submitted to the Registration Agency for approval. Such apprenticeship committees shall be composed of an equal number of employer and employee representatives appointed by the groups or organizations they represent, or the committee may consist of the employer and not fewer than 2 representatives from the recognized bargaining agency.
(b) In a trade or group of trades in which there is no bona fide employee organization, the Registration Agency, with the advice and guidance of the Apprenticeship Council, may approve a joint trade apprenticeship committee and a non-joint apprenticeship committee (also referred to as a unilateral or group non-joint committee).
(c) Subject to the approval of the Registration Agency, and in accordance with standards established by or under authority of this subchapter, joint trade apprenticeship committees and non-joint apprenticeship committees may develop standards to govern the training of apprentices and give such aid as may be necessary to effectuate the standards.
§ 32–1407. Definition of apprentice.
For the purposes of this subchapter, the term “apprentice” means a worker at least 16 years of age, except when a higher minimum age standard is otherwise fixed by law, who is employed to learn an apprenticeable occupation meeting the criteria approved by the Registration Agency and who has entered into a written apprenticeship agreement, which contains the terms and conditions of the employment and training of the apprentice, with either the apprentice’s program sponsor or an apprenticeship committee acting as agent for the program sponsor.
§ 32–1408. Apprenticeship agreements — contents.
(a) Every apprenticeship agreement entered into pursuant to this subchapter shall contain:
(1) The names and signatures of the contracting parties, including the apprentice’s parent or guardian, if the apprentice is a minor, and the contact information of the program sponsor and the Registration Agency:
(2) The date of birth of the apprentice and the apprentice’s social security number, given on a voluntary basis;
(3) A statement of the craft or occupation that the apprentice is to be taught and the time period at which the apprenticeship will begin and end;
(4) A statement showing:
(A) The number of hours to be spent by the apprentice in on-the-job learning in a time-based program;
(B)(i) A description of the skill sets to be attained by completion of a competency-based program, including the on-the-job learning component; or
(ii) The minimum number of hours to be spent by the apprentice and a description of the skill sets to be attained by completion of a hybrid program; and
(C) Provisions for related and supplemental instruction;
(5) A statement setting forth a schedule of the processes in the occupation or industry division in which the apprentice is to be trained and the approximate time to be spent in each process;
(6) A statement of the graduated scale of wages to be paid the apprentice and whether the required school time shall be compensated;
(7) A statement providing for a period of probation without adverse impact on the sponsor during which time the apprenticeship agreement shall be terminated by the Associate Director of Apprenticeship at the request, in writing, of the apprentice or suspended or cancelled by the sponsor for good cause with due notice to the apprentice and a reasonable opportunity for corrective action with due notice to the Associate Director of Apprenticeship, and providing that after a probationary period, the apprenticeship may be cancelled by the Associate Director of Apprenticeship by mutual agreement of all parties or canceled by the Associate Director of Apprenticeship for good and sufficient reasons;
(8) Contact information (name, address, phone, and e-mail, if appropriate) of the person in the Registration Agency designated under the program to receive, process, and make disposition of a controversy of difference arising out of the apprenticeship agreement when the controversy or difference cannot be adjusted locally or resolved in accordance with the established procedure or applicable collective bargaining provisions;
(9) A provision that a sponsor who is unable to fulfill the obligations under the apprenticeship agreement may, with the approval of the Associate Director of Apprenticeship or under the direction of the joint trade apprenticeship committee or non-joint apprenticeship committee or individual sponsor, transfer the apprenticeship agreement to another sponsor; provided, that:
(A) The apprentice consents and that the other sponsor agrees to assume the obligations of the apprenticeship agreement;
(B) The transferring apprentice is provided a transcript of related instruction and on-the-job learning by the program sponsor;
(C) The transfer is to the same occupation; and
(D) A new apprenticeship agreement is executed when the transfer between program sponsors occurs; and
(10) Such additional terms and conditions as may be prescribed or approved by the Registration Agency with the advice and guidance of the Apprenticeship Council, if not inconsistent with the provisions of this subchapter.
(b) Notwithstanding subsection (a) of this section, the terms of an apprenticeship agreement executed pursuant to the District of Columbia Government Apprenticeship Initiative, established by subchapter X-C of Chapter 6 of Title 1, may not conflict with laws, rules, or regulations governing the terms or conditions of employment of an employee of the host agency, as that term is defined in § 1-610.81(8).
§ 32–1409. Apprenticeship agreements — Registration and approval; extension into majority of apprentice.
No apprenticeship agreement shall be registered or approved by the Associate Director of Apprenticeship under the provisions of this subchapter unless it conforms with the standards established by or in accordance with this subchapter and is in the best interests of the apprentice. Where a minor enters into an agreement for a period of training extending into his majority, and such agreement has been approved by the Associate Director of Apprenticeship, then such apprenticeship agreement shall, if the parties therein so provide, have the same force and effect during the period covered by the majority of such minor as if such agreement were entered into during the majority of such minor.
§ 32–1410. Apprenticeship agreements — Violations; hearings; determinations; appeals.
(a) Upon the complaint of any interested person or upon his own initiative, the Associate Director of Apprenticeship may investigate to determine if there has been a violation of the terms of an apprenticeship agreement made under this subchapter and may hold hearings, inquiries, and other proceedings necessary to such investigation and determination. The parties to such an agreement shall be given a fair and impartial hearing after reasonable notice thereof. All such hearings, investigations, and determinations shall be made under authority of reasonable rules and procedures prescribed by the Apprenticeship Council, subject to the approval of the Registration Agency.
(b)(1) The determination of the Associate Director of Apprenticeship shall be filed with the Apprenticeship Council. If no appeal is filed with the Apprenticeship Council within 10 days after the date of filing of the determination of the Associate Director of Apprenticeship, the determination shall become the order of the Apprenticeship Council.
(2) Any person aggrieved by a determination or action of the Associate Director of Apprenticeship may appeal to the Apprenticeship Council, which shall hold a hearing after due notice to the interested parties.
(3) Any person aggrieved by the action of the Apprenticeship Council may appeal as provided in subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.].
§ 32–1411. Application of subchapter.
The provisions of this subchapter shall apply to any person, firm, corporation, or craft in the District of Columbia which has voluntarily elected to conform with its provisions.
§ 32–1412. “Secretary of Labor” defined. [Repealed]
Repealed.
§ 32–1412.01. Youth Apprenticeship Advisory Committee.
(a) There is established within the Department of Employment Services a Youth Apprenticeship Advisory Committee. The members of the Committee shall be appointed by the Mayor in accordance with § 1-523.01(f).
(b) The Committee shall be composed of 11 members, as follows:
(1) Two representatives from the Apprenticeship Council;
(2) One employer whose business has an apprenticeship program;
(3) One representative from the University of the District of Columbia Community College;
(4) One representative from the Office of the State Superintendent of Education;
(5) One individual who holds a doctoral degree and specializes in labor economics with expertise in national and international apprenticeship systems;
(6) One representative of a nonprofit organization who is involved with employee training and workforce development;
(7) One representative from a local business organization;
(8) One representative from a local business trade association;
(9) One representative from a labor organization; and
(10) One representative from the Workforce Investment Council.
(c)(1) The Mayor shall designate the chairperson of the Committee.
(2)(A) Members of the Committee shall be appointed to serve 3-year terms, from the date of appointment.
(B) A Committee member may be reappointed.
(C) A person appointed to fill a vacancy occurring before the expiration of a predecessor’s term shall be appointed to serve for the remainder of that term.
(D) A member may continue to serve after the expiration of the member’s term until a successor is appointed, subject to § 1-523.01(c).
(d) The Committee shall:
(1) Based on a systematic review of relevant data, evaluate the effectiveness of youth apprenticeship programs in:
(A) The District of Columbia;
(B) States and municipalities; and
(C) Other countries;
(2) Review and identify:
(A) Ways to implement high school youth apprenticeship programs in the District of Columbia;
(B) The means through which employers and organizations can obtain grants, tax credits, or other subsidies to support the establishment and operation of high school youth apprenticeship programs; and
(C) The number of apprenticeship opportunities for youth that the District of Columbia needs to reach over the next 3 years; and
(3) On or before December 1 of each year, submit a report of its findings and recommendations to the Council of the District of Columbia.
(e) For the purposes of this section, the term "Committee" means the Youth Apprenticeship Advisory Committee established by this section.
§ 32–1412.02. Use of funds.
Department of Employment Services funds may be used to purchase food and non-alcoholic beverages for apprentices, when the purchase is reasonably necessary to assist in the effective achievement of a statutorily authorized goal, objective, or responsibility.
§ 32–1413. Severability.
If any provision of this subchapter, or the application thereof to any person or circumstances, is held invalid, the remainder of the subchapter, and the application of such provision to other persons and circumstances, shall not be affected thereby.
Subchapter II. Registration Requirement for Contractors.
§ 32–1431. Registration of apprenticeship program required.
(a)(1) All prime contractors and subcontractors who contract with the District of Columbia government to perform construction, renovation work, or information technology work with a single contract, or cumulative contracts, of at least $500,000, let within a 12-month period shall be required to register an apprenticeship program with the District of Columbia Apprenticeship Council; and
(2) All beneficiaries of projects in excess of $1 million funded in whole or in part with funds which, in accordance with a federal grant or otherwise, the District of Columbia government administers, and in which the District of Columbia is a signatory to any agreement of a contractual nature, shall be required to register an apprenticeship program with the District of Columbia Apprenticeship Council.
(b) Beginning July 1, 2005, 35% of all apprenticeship hours performed pursuant to apprenticeship programs required by subsection (a) of this section shall be performed by District of Columbia residents.
(c)(1) Any prime contractor, subcontractor, or beneficiary that fails to comply with subsection (b) of this section shall be subject to a monetary fine in the amount of 5% of the direct and indirect labor costs of the contract.
(2) Fines for a violation of subsection (b) of this section shall be imposed by the Department of Employment Services. The Department of Employment Services may waive or reduce any fine if the Department of Employment Services finds that:
(A) A good faith effort to comply with the requirements of this section has been demonstrated by the prime contractor, subcontractor, or the beneficiary;
(B) The prime contractor, subcontractor, or the beneficiary enters into a special workforce development training or placement arrangement with the Department of Employment Services or the DC Workforce Investment Council;
(C) The Department of Employment Services certifies that there is an insufficient number of District residents in the labor market possessing the skills required for the apprenticeship positions needed under the contract; or
(D) The prime contractor, subcontractor, or the beneficiary is located outside the Washington Standard Metropolitan Statistical Area and none of the contract work is performed inside the Washington Standard Metropolitan Statistical Area, which is comprised of the District of Columbia, Calvert, Charles, Howard, Montgomery and Prince George’s Counties in Maryland, Arlington, Fairfax, Loudon, Prince William and Stafford Counties in Virginia and the cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park in Virginia.
(3) Any fine resulting from a violation of this subsection shall be remitted to the Department of Employment Services to be used solely for the support of vocational education programs.
(d) The prime contractor, subcontractor, or the beneficiary shall submit to the Department of Employment Services, for every month following the execution of the contract, a compliance report for the project that includes:
(1) The apprenticeship programs required by subsection (a) of this section that are registered with the District of Columbia Apprenticeship Council;
(2) The total number of apprenticeship hours required for the project;
(3) The total number of apprenticeship hours performed by District of Columbia residents; and
(4) The total number of apprentices hired for the reporting period and the cumulative total number of apprentices hired, including, for each, the:
(A) Name;
(B) Residence;
(C) Apprenticeship position; and
(D) Hire date.
(e) Nonprofit organizations with 50 employees or less shall be exempt from subsections (a) and (b) of this section.
(f) For purposes of this section, the term:
(1) “Beneficiary” means a signatory to a contract for a project in excess of $1 million funded in whole or in part with funds which, in accordance with a federal grant or otherwise, the District of Columbia government administers, and in which the District of Columbia is a signatory to any agreement of a contractual nature.
(2) “Information technology work” means the occupations of computer programmer, programmer analyst, desktop specialist, technical support specialist, data base specialist, network support specialist, and any other related occupation as the District of Columbia Apprenticeship Council may designate by regulation.
