Department of Industrial Relations
Division of Apprenticeship Standards
&
California Apprenticeship Council

Special Legislative Report
1994 Activities

A California Labor Code Section 3073.5 responsibility.


Report Contents

  1. The Apprenticeship Concepts in California

  2. California Apprenticeship Council

  3. Division of Apprenticeship Standards

  4. DAS Activities 1994

  5. Equal Opportunity

  6. DAS Outreach

  7. DAS Approvals

  8. DAS Enforcement

  9. Department of Corrections Inmate Apprenticeship Program

  10. New Horizons: Youth Apprenticeship Program

  11. Statistical summaries

Attachments

The Apprenticeship Concept in California

While California has voiced the need for greater employment of women and minorities, a paradox exists: higher unemployment at one end of the continuum, unfilled jobs at the other end. The job market for unskilled and low-skilled workers is shrinking as the demand for specialized skills increases. The California Apprenticeship Council and Division of Apprenticeship Standards believe that the apprenticeship system of job training has an important role in effecting a turnaround that will help to bring an end to this unnecessary paradox.

Occupational career opportunities through apprenticeship training should be designed to attract minorities and women-and all young people entering the job market who need assistance in achieving their transition from high school into the work force.

The apprenticeship systems of job training is one of the oldest time-tested and effective means of teaching skills, professions and crafts. Its use dates back to ancient eras, and through the centuries its success is a matter of historical record.

In California, the apprenticeship system derives its efficiency and effectiveness from the following characteristics:

California Apprenticeship Council

The California Apprenticeship Council (CAC), established by the 1939 Shelley-Maloney Act, is responsible for overseeing the administration of California's apprenticeship programs, and for issuing regulations to carry out the intent of the State Apprenticeship Law.

The CAC is composed of 17 members, 14 appointed by the Governor for four-year-terms. Six each represent employer and employee organizations, and two members represent the general public. The Administrator of Apprenticeship (Director, Department of Industrial Relations), the State Superintendent of Public Instruction, and the Chancellor of the California Community Colleges are statutory members.

Upon the initiative of the Administrator of Apprenticeship, or upon the complaint of any interested party, an investigation is made to determine whether a violation of the terms of an apprentice agreement has occurred. Hearings, inquiries and other proceedings may be necessary to make these determinations. All such hearings and determinations are made under the authority of rules and regulations issued by the CAC.

During 1994, in addition to the apprenticeship program approval appeals, the CAC heard two apprentice complaint appeals and concurred with the Administrator's decision to cancel the apprentice agreements in both cases. The CAC was also involved in several litigation cases regarding federal preemption of state law and regulations by the Federal Employee Retirement Income Security Act (ERISA).

Ten apprenticeship programs that had been approved by DAS and appealed to CAC were pending during the year. Seven of the ten apprenticeship program approvals were sustained by the CAC and became the final order of the CAC. Three appeals were carried over to 1995 for action.

The CAC supported, industry-initiated, California Conference on Apprenticeship, which was held in San Diego on April 27-29, 1994, emphasized:

Workshops were conducted on the topics of developing quality standards, women in apprenticeship, substance abuse, and developing a work place injury and illness prevention program.

During 1994 the California Apprenticeship Council's established Blue Ribbon Committee on Quality Standards continued to meet. This committee is composed of apprenticeship coordinators and representatives of labor, management, and the legal profession. Major issued addressed were:

Meetings of this committee were held during the year, after which the committee made recommendations to the CAC. As a result, the Council proposed amendments to Sections 208, 212 and 212.2 of the California Code of Regulations and adopted a motion to begin in the Office of Administrative Law rule making procedure.

Division of Apprenticeship Standards

The Division of Apprenticeship Standards (DAS), within the Department of Industrial Relations, is responsible for administering the apprenticeship law in California; the Shelley-Maloney Apprentice Labor Standards Act of 1939.

DAS Activities 1994

Equal Opportunity

CAC regulations administered by DAS include The California Plan for Equal Opportunity in Apprenticeship. At the end of calendar year 1994, registered apprentices totaled 38,768, of this number 46.2 percent were minorities and 10.6 percent were women.

California has experienced serious economic difficulties for the past several years. The state's Department of Finance indicates that non-farm employment state wide has decreased by more than 800,000 jobs since 1990. During that same period, employment in the construction industry has been particularly hard hit--the dollar volume of construction projects has fallen 13.67 billion dollars.

Attached to this report are Exhibits 1 through 5 for the years of 1990 though 1994, showing the number of apprentices--including numbers and percentages for minorities and women--registered in each apprenticeship program having five or more apprentices, and the number of apprentices who have completed their programs.

DAS Outreach

Listed below is a sampling of how DAS staff worked with various apprenticeship program sponsors, by providing assistance to the program sponsors in meeting their affirmative action goals.

DAS Program Approvals

DAS staff reviewed and approved over a hundred and forty applications for new apprentice programs, thereby creating employment and training opportunities for hundred of California's young men and women. These approvals covered a broad spectrum of occupations.

DAS Enforcement

DAS issued a Management Memorandum to all DAS Professional Staff and registered apprenticeship Program Sponsors relative to enforcement of Affirmative Action, pursuant to Governor Pete Wilson's Executive Order revoking affirmative Action requirements not required by State Law or Federal mandate.

Department of Corrections Inmate Apprenticeship Program

The California Division of Apprenticeship Standards, Department of Corrections, and Youth Authority have collaborated to establish apprenticeship training that assists inmates in developing their marketable skills, which would enable them to become skilled workers in apprenticeable occupations.

The main purpose of the inmate apprenticeship program is to encourage program sponsors to accept inmates into their apprenticeship programs existing outside the correctional institution. Through such linkages the inmate can make the transition from the institution to gainful employment with a program sponsor. As of the end of 1994, 653 inmate apprentices were registered with DAS.

New Horizons: Youth Apprenticeship Program

The DAS has been working with the California Department of Education and Community Colleges to develop a Youth Apprenticeship Program of work experience and on-the-job training provided by employers for high school students.

The DAS was working on the feasibility of developing a linkage with the California Department of Education, the California Community College System and the Employment Development Department with the possible implementation of the Governor's School-to-Career Plan being developed by the Governor's School-to-Career Task Force.

The apprenticeship program would be structured to bring linkage between high schools, employers, unions and other associations. Participants in the program would receive their high school diplomas along with certification of occupational skills acquired.