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

• Exhibit 1 - DAS Program Statistics 1990

• Exhibit 2 - DAS Program Statistics 1991

• Exhibit 3 - DAS Program Statistics 1992

• Exhibit 4 - DAS Program Statistics 1993

• Exhibit 5 - DAS Program Statistics 1994

• Exhibit 6 - DAS Program Statistics: Active Women Apprentices in Construction Occupations - 1994

• Exhibit 7 - CAC & DAS Litigation

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:

• individualized on-the-job training with related and supplemental classroom instruction for the apprentice, as opposed to conventional education methods;

• training that is comparatively tax free to the State while still remunerative to the participants, who themselves are taxpayers;

• mutual commitment from both the employer and apprentice to learning and productivity using state-of-the-art methodology;

• positive role models within the occupation for the apprentice, exemplified by knowledgeable journeymen and journeywomen;

• excellent opportunity for the apprentice's socialization, to become familiar with the expectations and demands of the chosen occupation;

• educating apprentices in first aid, safe work practices and occupational safety and health hazards, which contributes to a safety-conscious work force;

• most cost-effective means of imparting skills to an individual who is earning a salary while learning a job;

• an effective means of reducing unemployment by providing skilled labor in occupations where there are significant skill shortages;

• infrastructure that ensures the apprentice of the means to attain a career goal otherwise unreachable by conventional methods;

• structured training program for apprentices to prevent them from becoming frustrated, disillusioned and dissatisfied in their occupational fields of endeavor;

• training that is beneficial to a broad base of current, as well as potentially new, industries and occupations.

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:

• bringing into closer relationship all people and organizations

  active and interested in apprenticeship and other on-the-job training;

• furnishing a means for collecting, exchanging and disseminating information, experience and ideas about apprenticeship and other-on-the-job training;

• improving, expanding and promoting apprenticeship and other on-the-job training;

• fostering and promoting apprenticeship employment opportunities for youth;

• assisting youth who are seeking career opportunities;

• assisting in providing California's growing economy and industry with the skilled work force needed;

• fostering and promoting the value of craftsmanship, raising the status of the crafts;

• fostering and promoting adequate vocational education in schools with the cooperation and participation of labor/management;

• engaging in joint projects and activities for the advancement of apprenticeship and other on-the-job training, and to further the purposes stated herein.

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:

• CAC regulations dealing with wages, employee benefits and other compensation (California Code of Regulations Section 208);

• CAC regulations on approval and disapproval of applications for apprenticeship programs (California Code of Regulations Section 212.2);

• Establishing acceptable minimum state/industry training standards that also ensure the welfare of apprentices;

• Establishing evaluation standards for measuring the quality and effectiveness of registered apprenticeship programs.

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.

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.

• The DAS fosters, promotes and develops employment-based apprenticeship training programs correlated with related and supplemental instruction classes that are provided by local education agencies. The DAS provides consultative services to apprenticeship program sponsors, employers, employee organizations and education providers. DAS has the oversight responsibility for proper program management and ensuring that high training standards are maintained for apprentices, including their wages, hours and working conditions, skills to be learned and length of training, and required supplemental instruction.

• The DAS also administers the equal opportunity regulations, mandated by the Federal Bureau of Apprenticeship and Training and set forth by the CAC in the: State of California Plan for Equal Opportunity in Apprenticeship. This plan states policies and procedures for promoting equality of opportunity in apprenticeship programs that are registered with DAS. The policies and procedures apply to recruitment and selection of apprentices, and to all conditions of employment and training during their apprenticeship. The purpose of the plan is to prohibit discrimination based on race, gender, religion or national origin in apprenticeship programs, by requiring affirmative action to provide equal opportunity.

• The DAS monitors and enforces compliance with California's public works laws requiring the employment of apprentices on public works jobs. During 1994 the DAS , on behalf of CAC, collected $915,117.31 in training fund contributions from contractors on public works jobs. These funds were deposited in the state's general fund. DAS received 396 public works apprentice enforcement cases in 1994, and closed out 536 pending cases.

• The DAS continues to develop programs for the occupation of cosmetologist and those apprentices who satisfactorily complete their apprenticeship program are qualified to take the examination for state licensure.

• The DAS has a federal contract with the Veterans Administration to approve employer training programs for veterans, and to monitor their compliance with the terms of their training standards, enabling veterans to receive their educational benefits.

• The DAS under CAC authority, issues certificates of completion to registered apprentices who have completed their apprenticeship training, upon recommendation by their program sponsor.

• The DAS Chief administers the apprenticeship law in California, serves as secretary to the California Apprenticeship Council, and is responsible for approval or disapproval of apprenticeship programs, as well as the auditing of selection and disciplinary proceedings of apprentices or prospective apprentices.

• The DAS received 140 new apprenticeship program applications during 1994. All were approved, none were denied and four were under appeal by the CAC at the end of the year.

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.

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 in Fresno organized and chaired a workshop explaining the opportunities of apprenticeship to the Mexican-American Women's Conference held yearly at Fresno City College. DAS utilized female journey persons to present the opportunities in apprenticeship information to the female participants.

• Lawrence Livermore National Laboratory JAC in conjunction with the Bay Area Coordinators Association sponsored a workshop for vocational education instructors and counselors from school districts and community agencies on apprenticeship opportunities for minorities and women. The workshop covered program requirements such as, on-the-job training and related and supplemental instructions.

• The Heat, Frost & Asbestos Workers JAC sponsored a workshop for women and minorities at their facility. The workshop was designed to answer questions on requirements for entry into their program. Attendees were provided with information about entrance requirements, training agenda, earning potential and other on-the job working conditions.

• DAS Oakland staff met with representatives of the 46 Northern California Counties Carpenters JATC and the Hoopa Valley Business Council in an effort to develop a carpenters apprenticeship program on the Hoopa Indian Reservation. Fifteen apprentices eventually became registered, two of which were female.

• The Contra Costa County Plumbers JATC hosted a seminar for the public at their training center and bussed approximately 70 people to the center for an orientation.

• DAS staff, the Marin/Sonoma Machinist, Redwood Empire Electricians and the North Bay Sheet Metal JAC met quarterly at San Quentin State Prison to evaluate and register inmate apprentices into their programs in an effort to provide meaningful training for inmates so they can become employable upon release from prison.

• DAS staff worked with the JAC for the Tile Laying Industry in participating at the Sixth Annual Job Fair at the San Pedro Wilmington Skills Center in San Pedro, co-sponsored by the City of Gardina Employment and Training Division and the Los Angeles Unified School District Adult and Career Education.

• DAS staff worked with the Southern California Glaziers and Glass Workers Industry JAC in providing staff and apprenticeship information to encourage female and minority applicants to apply at the following career fairs; Youth Apprenticeship Meeting sponsored by the Building and Construction Trades Council of San Bernardino and Riverside AFL-CIO in Riverside, Long Beach Displaced Homemakers Resource Center, Day Conference for Women in Unions held by the California Federation, Hacienda-La Puente Unified School District.

• DAS staff worked with the Southern California Drywall/Lathers JAC in participation in the following Career Days; Whittier High School, Women at Work in Pasadena, Bloomington High School and Maxine Waters Employment Preparation Center.

• DAS staff worked with the Los Angeles Building Trades Council and the U. S. Department of Labor in developing Job Links language for Federal Emergency Management Agency in conjunction with the Emergency Supplemental Appropriations Act of 1994.

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 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.

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.

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.