The employment of apprentices on state public works projects. (FE)

To be certified as the sponsor of an acceptable apprenticeship program, an employer must show that at any time in the current or preceding year the employer employed either of the following:

1. The maximum number of apprentices allowed under the employer's training ratio for each trade employed by the employer. (The bill defines "training ratio" as the ratio of apprentices to journeymen that may be employed by an employer in a given trade under standards adopted, recognized, or approved by DWD.)

2. In the case of an employer that is seeking certification to perform work on projects other than highway projects, a skilled workforce in which not less than ten percent of the employees are apprentices or, in the case of an employer seeking certification to perform work on highway projects, a skilled workforce in which not less than five percent of the employees are apprentices. (The bill defines "skilled workforce" as that portion of an employer's workforce that consists of employees who are employed in apprenticeable trades.)

If an employer is unable to meet either of those requirements, the employer still may be certified as the sponsor of an acceptable apprenticeship program for a particular project by making a commitment that the employer will employ on the project any of the following:

1. The maximum number of apprentices allowed under the employer's training ratio for each trade included in the bid to perform work on the project.

2. In the case of an employer that is seeking certification to perform work on a project other than a highway project, a skilled workforce in which not less than ten percent of the hours of work that will be performed on the site of the project will be performed by apprentices or, in the case of an employer seeking certification to perform work on a highway project, a skilled workforce in which not less than five percent of the hours of work that will be performed on the site of the project will be performed by apprentices.

3. New hires so as to achieve the maximum number of apprentices allowed under the employer's training ratio for each trade included in the bid to perform work on the project.

The bill permits DWD to grant an exemption from or modification to the requirements under the bill on a showing of good cause why the employer cannot comply with those requirements. Reasons for granting an exemption or modification include a demonstrated lack of apprentices available in the area of the project, the unsuitability of the employer's apprenticeship training program for the project or the unavailability of that program at the site of the project, a disproportionately high ratio of material costs to labor hours on the project, a documented depression in the construction industry in the area of the project, specific safety or certification considerations, or the necessity of meeting any equal employment opportunity, affirmative action, or other workforce participation requirements. As under current law, if DWD grants such an exemption or modification, DWD must post that information on its Internet site, together with a detailed explanation of why the exemption or modification was granted.

Finally, the bill requires DWD to monitor compliance with the bill and to monitor the age, race, and sex of the apprentices employed by an employer and the hours worked by those apprentices.