Nevada § 610.144 - Requirements for program to be eligible for registration and approval by State Apprenticeship Council

§ 610.144. Requirements for program to be eligible for registration and approval by State Apprenticeship Council

1. To be eligible for registration and approval by the Council, a proposed program

must: (a) Be an organized, written plan embodying the terms and conditions of employment,

training and supervision of one or more apprentices in an apprenticeable occupation,

as defined in 29 C.F.R. § 29.4 , and be subscribed to by a sponsor who has undertaken to carry out the program. (b) Except as otherwise provided in this paragraph, use a: (1) Time-based approach, as described in 29 C.F.R. § 29.5(b)(2)(i) ; (2) Competency-based approach, as described in 29 C.F.R. § 29.5(b)(2)(ii) ; or (3) Hybrid approach, as described in 29 C.F.R. § 29.5(b)(2)(iii) . A program for a construction trade must use a time-based approach. (c) Contain the pledge of equal opportunity prescribed in 29 C.F.R. § 30.3(c) and, when applicable: (1) A plan of affirmative action in accordance with 29 C.F.R. § 30.4 ; (2) A method of selection authorized in 29 C.F.R. § 30.10 ; (3) A nondiscriminatory pool for application as an apprentice; or (4) Similar requirements expressed in a state plan for equal opportunity in employment

in apprenticeships adopted pursuant to 29 C.F.R. Part 30 and approved by the United States Department of Labor. (d) Provide for the development of skills that are intended to enable an apprentice

to engage in a skilled trade generally, rather than for a particular employer or sponsor. (e) Contain: (1) Provisions concerning the employment and training of the apprentice in a skilled

trade; (2) A term of apprenticeship that: (I) If the program uses a time-based approach, requires the completion of not less

than 2,000 hours of on-the-job learning, consistent with training requirements as

established by practice in the trade; (II) If the program uses a competency-based approach, specifies the skills that must

be demonstrated by an apprentice and addresses how on-the-job learning will be integrated

into the program; or (III) If the program uses a hybrid approach, specifies the skills that must be acquired

and the minimum number of hours of on-the-job learning that must be completed by an

apprentice; (3) An outline of the processes in which the apprentice will receive supervised experience

and training on the job, and the allocation of the approximate time to be spent in

each major process; (4) Provisions for organized, related and supplemental instruction in technical subjects

related to the trade with a minimum of 144 hours for each year of apprenticeship,

given in a classroom or through trade, industrial or correspondence courses of equivalent

value or other forms of study approved by the Council; (5) A progressively increasing, reasonable and profitable schedule of wages to be

paid to the apprentice consistent with the skills acquired, not less than that allowed

by federal or state law or regulations, by a collective bargaining agreement or by

the minimum apprentice wage established by the Council; (6) Provisions for a periodic review and evaluation of the apprentice's progress in

performance on the job and related instruction and the maintenance of appropriate

records of such progress; (7) A numeric ratio of apprentices to journeymen consistent with proper supervision,

training, safety, continuity of employment and applicable provisions in collective

bargaining agreements, in language that is specific and clear as to its application; (8) A probationary period that is reasonable in relation to the full term of apprenticeship,

with full credit given for that period toward the completion of the full term of apprenticeship; (9) Provisions for adequate and safe equipment and facilities for training and supervision

and for the training of apprentices in safety on the job and in related instruction; (10) The minimum qualifications required by a sponsor for persons entering the program,

with an eligible starting age of not less than 16 years; (11) Provisions for the placement of an apprentice under a written agreement as required

by this chapter, incorporating directly or by reference the standards of the program; (12) Provisions for the granting of advanced standing or credit to all applicants

on an equal basis for previously acquired experience, training or skills, with commensurate

wages for each advanced step granted; (13) Provisions for the transfer of the employer's training obligation when the employer

is unable to fulfill his or her obligation under the agreement to another employer

under the same or a similar program with the consent of the apprentice and the local

joint apprenticeship committee or sponsor of the program; (14) Provisions for the assurance of qualified training personnel and adequate supervision

on the job; (15) Provisions for the issuance of an appropriate certificate evidencing the successful

completion of an apprenticeship; (16) An identification of the Office of Labor Commissioner as the agency for registration

of the program; (17) Provisions for the registration of agreements and of modifications and amendments

thereto; (18) Provisions for notice to the State Apprenticeship Director of persons who have

successfully completed the program and of all cancellations, suspensions and terminations

of agreements and the causes therefor; (19) Provisions for the termination of an agreement during the probationary period

by either party without cause; (20) A statement that the program will be conducted, operated and administered in

conformity with the applicable provisions of 29 C.F.R. Part 30 or a state plan for equal opportunity in employment in apprenticeships adopted pursuant

to 29 C.F.R. Part 30 and approved by the United States Department of Labor; (21) The name and address of the appropriate authority under the program to receive,

process and make disposition of complaints; and (22) Provisions for the recording and maintenance of all records concerning apprenticeships

as may be required by the Council and applicable laws. 2. If a program of apprenticeship in a skilled trade is proposed by an employer or

association of employers for approval and registration by the Council and the Council

has previously approved and registered a program for the skilled trade, the Council

shall provide a copy of the proposed program to the sponsor of the approved and registered

program and hold a hearing before approving or rejecting the application. The Council shall not approve a proposed program pursuant to this subsection unless

the program requires the completion of at least as many hours of on-the-job learning

or the demonstration of at least the same number and quality of skills, or both, as

applicable, as all existing approved and registered programs in the relevant skilled

trade. 3. To determine whether a proposed program should be approved or rejected pursuant

to subsection 2, the Council shall consider, in addition to the requirements in subsections

1 and 2, without limitation: (a) Relevant information concerning the approved and registered program, including,

without limitation, the standards for apprenticeship of the program; (b) Whether the sponsor of the approved and registered program is jointly administered

by labor and management; (c) The provisions of any applicable collective bargaining agreements; (d) Dictionaries of occupational titles; (e) Opinions of experts provided by interested parties, including, without limitation,

organized labor, licensed contractors and associations of contractors; (f) Recognized labor and management practices in the relevant industry; (g) Scope of work descriptions issued by the Labor Commissioner and the United States

Department of Labor; and (h) The supply of skilled workers in the trade in relation to the demand for skilled

workers in the trade and the extent to which the sponsor of the approved and registered

program is willing and able to provide apprentices to the proposed program. The Council may condition approval of the proposed program on the payment of compensation

to apprentices that is equal to or greater than the compensation provided by the approved

and registered apprenticeship program.