Functions of Apprenticeship Division

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  • (a) The Commissioner of Labor shall administer this chapter with the advice and guidance of the State Apprenticeship Council. The Commissioner shall:

    • (1) Promote the development of apprenticeship programs and the execution of appropriate agreements; including:

    • (2) Registering, and determining eligibility for registration of apprenticeship programs in conformity with the apprenticeship program standards published in 29 C.F.R. Part 29 and this chapter;

    • (3) Providing for cancellation and deregistering of apprenticeship programs, and for temporary suspension, cancellation, and deregistration of apprenticeship agreements;

    • (4) Providing sufficient resources to carry out the functions of a Registration Agency, including: Outreach and education; registration of programs and apprentices; provision of technical assistance, and monitoring as required to fulfill the requirements of this chapter;

    • (5) Implementing policies and procedures to promote equality of opportunity in apprenticeship programs pursuant to a State Plan for Equal Employment Opportunity in Apprenticeship which adopts and implements the requirements of 29 CFR part 30, and to require apprenticeship programs to operate in conformity with such State Plan and 29 CFR part 30;

    • (6) Prescribing the contents of apprenticeship agreements, and ensuring that the apprenticeship agreement contains at a minimum:

      • (A) Names and signatures of the contracting parties (apprentice, and the program sponsor or employer), and the signature of a parent or guardian if the apprentice is a minor.

      • (B) The date of birth and, on a voluntary basis, Social Security number of the apprentice;

      • (C) Contact information of the Program Sponsor and State Apprenticeship Agency;

      • (D) A statement of the occupation in which the apprentice is to be trained, and the beginning date and term of apprenticeship;

      • (E) A statement showing:

        • (i) The number of hours to be spent by the apprentice in work on the job in a time-based program; or a description of the skill sets to be attained by completion of a competency-based program, including the on-the-job learning component; or 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

        • (ii) The number of hours to be spent in related instruction in technical subjects related to the occupation, not less than 144 hours per year,

      • (F) A statement setting forth a schedule of the work processes in the occupation or industry divisions in which the apprentice is to be trained and the approximate time to be spent at each process;

      • (G) A statement of the graduated scale of wages to be paid to the apprentice and whether or not the required related instruction is compensated;

      • (H) Statements providing:

        • (i) for a specific period of probation during which the apprenticeship agreement may be cancelled by either party to the agreement upon written notice to the State Apprenticeship Agency, without adverse impact on the sponsor;

        • (ii) that, after the probationary period, the agreement may be:

          • (a) Cancelled at the request of the apprentice, or

          • (b) Suspended or cancelled 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 to the State Apprenticeship Agency of the final action taken.

      • (I) A reference incorporating as part of the agreement the standards of the apprenticeship program as they exist on the date of the agreement and as they may be amended during the period of the agreement;

      • (J) A statement that the apprentice will be accorded equal opportunity in all phases of apprenticeship employment and training, without discrimination because of race, color, religion, national origin, or sex; and

      • (K) Contact information, including name, address, phone, and e-mail if, appropriate, of the appropriate authority designated under the program to receive, process and make disposition of controversies or differences arising out of the apprenticeship agreement when the controversies or differences cannot be adjusted locally or resolved in accordance with the established procedure or applicable collective bargaining provisions.

    • (7) Ensuring that the registration of apprenticeship programs occurs only in apprenticeable occupations as provided in the regulations to be promulgated pursuant to subsection (g), including occupations in high growth and high demand industries. For purposes this chapter, an apprenticeable occupation is one which is specified by industry and which must:

      • (A) Involve skills that are customarily learned in a practical way through a structured, systematic program of on-the-job supervised learning;

      • (B) Be clearly identified and commonly recognized throughout an industry;

      • (C) Involve the progressive attainment of manual, mechanical or technical skills and knowledge which, in accordance with the industry standard for the occupation, would require the completion of at least 2,000 hours of on-the-job learning to attain; and

      • (D) Require related instruction to supplement the on-the-job learning;

    • (8) Reviewing all programs for quality and for conformity with the requirements of this chapter; and

    • (9) Performing all other acts necessary to carry out the purposes of this chapter.

  • (b) provide staff assistance to the Council;

  • (c) make surveys and studies of occupational and trade trends in the various industries;

  • (d) [Deleted].

  • (e) monitor as required to fulfill the requirements of this chapter.

  • (f) [Deleted].

  • (g) The Commissioner of Labor shall promulgate regulations necessary for the administration and enforcement of this chapter. In consultation with the Department of Planning and Natural Resources, the United States Department of Labor Office of Apprenticeship, semi-autonomous agencies, and the procurement divisions of the legislative and judicial branches of the Government, the Commissioner shall also ensure that regulations are promulgated that are designed to ensure that all contracts executed between private firms and the Government of the Virgin Islands contain provisions requiring apprentices to be hired by the contracting firm or any of its subcontractors for all occupations for which standards have been established, and the priority for hiring apprentices be given to veterans of the Armed Forces of the United States.


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