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1 | AN ACT concerning business.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the State | ||||||||||||||||||||||||
5 | Apprenticeship and Training Act. | ||||||||||||||||||||||||
6 | Section 5. Legislative findings. Skilled manpower | ||||||||||||||||||||||||
7 | constitutes a great resource in this State. Apprenticeship | ||||||||||||||||||||||||
8 | programs, through supervised training and education, develop | ||||||||||||||||||||||||
9 | skilled craftsmen and help meet the increasing needs for such | ||||||||||||||||||||||||
10 | workers in the State's labor force. The continuing development | ||||||||||||||||||||||||
11 | of skilled manpower is essential for individual | ||||||||||||||||||||||||
12 | self-realization and for an expanding industrial economy. To | ||||||||||||||||||||||||
13 | these ends, it is the declared public policy of the State to | ||||||||||||||||||||||||
14 | develop sound apprenticeship training standards and to | ||||||||||||||||||||||||
15 | encourage industry and labor to institute training programs. | ||||||||||||||||||||||||
16 | Section 10. Definitions: In this Act: | ||||||||||||||||||||||||
17 | "Apprenticeship agreement" means (i) an individual written | ||||||||||||||||||||||||
18 | agreement between an employer and an apprentice, (ii) a written | ||||||||||||||||||||||||
19 | agreement between an employer or an association of employers | ||||||||||||||||||||||||
20 | and an organization of employees describing conditions of | ||||||||||||||||||||||||
21 | employment for apprentices, or (iii) a written statement | ||||||||||||||||||||||||
22 | describing conditions of employment for apprentices in a plant |
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1 | or plants where there is no bona fide employee organization. | ||||||
2 | Section 15. Apprenticeship and Training Council. | ||||||
3 | (a) The Apprenticeship and Training Council is created to: | ||||||
4 | (1) encourage and promote the making of apprenticeship | ||||||
5 | agreements conforming to the standards established under | ||||||
6 | this Act; | ||||||
7 | (2) establish suggested standards for apprenticeship | ||||||
8 | agreements in conformity with the provisions of this Act; | ||||||
9 | (3) supervise the execution of apprenticeship | ||||||
10 | agreements and maintenance of standards; | ||||||
11 | (4) register approved apprenticeship agreements, and | ||||||
12 | upon performance, issue certificates of completion of | ||||||
13 | apprenticeship; | ||||||
14 | (5) settle differences arising out of apprenticeship | ||||||
15 | agreements when such differences cannot be adjusted | ||||||
16 | locally or in accordance with established trade procedure; | ||||||
17 | (6) terminate or cancel any apprenticeship agreement | ||||||
18 | in accordance with the provisions of such agreement; | ||||||
19 | (7) encourage and promote the hiring by any trade or | ||||||
20 | group of trades of persons who are on parole, in order to | ||||||
21 | aid in the rehabilitation of such persons; | ||||||
22 | (8) study and disseminate information on | ||||||
23 | apprenticeship training, trends of employment | ||||||
24 | opportunities in various trades, the impact of | ||||||
25 | technological change on skill levels and requirements, the |
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1 | supply of and needs for skilled manpower, and related | ||||||
2 | matters; | ||||||
3 | (9) cooperate with the federal government, the State | ||||||
4 | Board of Education, the Department of Commerce and Economic | ||||||
5 | Opportunity, the Department of Labor, the Department of | ||||||
6 | Financial and Professional Regulation, and other agencies, | ||||||
7 | public and private, in the State; | ||||||
8 | (10) adopt such rules and regulations as may be | ||||||
9 | necessary for the effective administration of this Act; and | ||||||
10 | (11) perform such other duties as may be necessary to | ||||||
11 | give full effect to the policies of the State and the | ||||||
12 | provisions of this Act. | ||||||
13 | (b) The Governor shall appoint an Apprenticeship and | ||||||
14 | Training Council composed of 7 persons, 6 of whom shall be | ||||||
15 | selected from employer and employee organizations on an equal | ||||||
16 | basis, and one of whom shall be a person from the general | ||||||
17 | public and serve as the chairman. The Council by majority vote | ||||||
18 | may designate one of its members, other than the chairman, as | ||||||
19 | vice-chairman to act in the absence or inability of the | ||||||
20 | chairman. Each member shall be appointed within 90 days after | ||||||
21 | the effective date of this Act for a term of 3 years. Each | ||||||
22 | member shall hold office until his successor is appointed and | ||||||
23 | qualified, and any vacancy shall be filled by appointment for | ||||||
24 | the unexpired portion of the term. The Superintendent of the | ||||||
25 | State Board of Education, the Director of the Department of | ||||||
26 | Commerce and Economic Opportunity, the Director of the |
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1 | Department of Labor, and the Secretary of the Department of | ||||||
2 | Financial and Professional Regulation shall be ex officio | ||||||
3 | members of the Council. The members of the Council shall be | ||||||
4 | entitled to compensation at a rate of $60 a day for each | ||||||
5 | meeting called by the chairman and shall be reimbursed for | ||||||
6 | transportation and other expenses actually and necessarily | ||||||
7 | incurred in the performance of their duties under this Act. The | ||||||
8 | Council shall appoint an executive secretary who shall be in | ||||||
9 | charge of apprentice training and who shall act as secretary of | ||||||
10 | the Council and of apprenticeship committees. The executive | ||||||
11 | secretary shall be authorized to appoint such clerical, | ||||||
12 | technical and professional assistants as necessary to | ||||||
13 | effectuate the purposes of this Act. The personnel appointed | ||||||
14 | under this Act shall receive an annual compensation to be fixed | ||||||
15 | by the Council within the amount provided by appropriation. | ||||||
16 | (c) The Council shall: | ||||||
17 | (1) advise the Governor on apprentice training | ||||||
18 | matters, including the matters of related and supplemental | ||||||
19 | instruction; | ||||||
20 | (2) recommend suggested standards for apprenticeship | ||||||
21 | agreements; | ||||||
22 | (3) maintain a close and effective liaison with | ||||||
23 | governmental and nongovernmental agencies which are | ||||||
24 | concerned with skilled manpower development and problems; | ||||||
25 | (4) recommend research projects on facts and trends | ||||||
26 | relating to apprenticeship training and the supply of and |
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1 | needs for skilled manpower; and | ||||||
2 | (5) coordinate related and supplemental instruction | ||||||
3 | for apprentices with job experience and select teachers and | ||||||
4 | coordinators for such instruction. | ||||||
5 | (d) The Council is authorized and directed, in conjunction | ||||||
6 | with the State Board of Education, the Department of Commerce | ||||||
7 | and Economic Opportunity, the Department of Labor, and the | ||||||
8 | Department of Financial and Professional Regulation, to | ||||||
9 | formulate and promote apprenticeship programs funded solely by | ||||||
10 | State appropriation, for individuals not otherwise eligible | ||||||
11 | for training under this Act. In order to develop such programs, | ||||||
12 | the Council shall have all such powers and duties provided by | ||||||
13 | this Act and shall have the authority to pattern apprenticeship | ||||||
14 | and training programs after those otherwise established under | ||||||
15 | this Act. | ||||||
16 | (f) Within 180 days after the effective date of this Act, | ||||||
17 | the Council shall establish by rule, in cooperation with the | ||||||
18 | Department of Financial and Professional Regulation, standards | ||||||
19 | for the certification of the competence of individuals as | ||||||
20 | journeymen in the various building, craft or other skilled | ||||||
21 | trades. Upon compliance with the provisions of the Illinois | ||||||
22 | Administrative Procedure Act, the Council shall have the | ||||||
23 | authority to issue certificates of competence to individuals or | ||||||
24 | journeymen in any of the skilled trades. The standards | ||||||
25 | promulgated by the Council shall emphasize demonstrated | ||||||
26 | ability and competence by providing for uniform and |
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1 | comprehensive examinations which will test the individual's | ||||||
2 | knowledge, qualifications and manual skills in the various | ||||||
3 | skilled trades, and his or her knowledge of minimum building | ||||||
4 | code standards if germane to the trade for which the individual | ||||||
5 | is examined. | ||||||
6 | Section 20. Apprenticeship committees. Apprenticeship | ||||||
7 | committees may be approved in any trade or group of trades, or | ||||||
8 | in municipalities, regions of the State or trade areas, by the | ||||||
9 | Council whenever the apprentice training needs of such trade or | ||||||
10 | group of trades in such localities justify such establishment. | ||||||
11 | The apprenticeship committees shall be composed of an equal | ||||||
12 | number of employer and employee representatives chosen from | ||||||
13 | names submitted by the respective local or State employer and | ||||||
14 | employee organizations in such trade or group of trades, and | ||||||
15 | such additional members representing local boards of education | ||||||
16 | or other educational agencies as may be deemed advisable. In a | ||||||
17 | trade or group of trades in which there is no bona fide | ||||||
18 | employer or employee organization the committee shall be | ||||||
19 | composed of persons known to represent the interests of | ||||||
20 | employers and of employees respectively, or the Council may act | ||||||
21 | as the committee in such trade or group of trades. Subject to | ||||||
22 | the review of the Council, such committees may devise standards | ||||||
23 | for apprenticeship agreements and give such aid as may be | ||||||
24 | necessary in their operation, in their respective trades and | ||||||
25 | localities. |
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1 | Section 25. Apprenticeship agreements. Apprenticeship | ||||||
2 | agreements shall contain the following: | ||||||
3 | (1) A statement of the trade or craft to be taught and | ||||||
4 | the required hours for completion of apprenticeship which | ||||||
5 | shall be not be less than 4,000 hours of reasonably | ||||||
6 | continuous employment; | ||||||
7 | (2) A statement of the processes in the trade or craft | ||||||
8 | divisions in which the apprentice is to be taught and the | ||||||
9 | approximate amount of time to be spent at each process; | ||||||
10 | (3) A statement of the number of hours to be spent by | ||||||
11 | the apprentice in work and the number of hours to be spent | ||||||
12 | in related and supplemental instruction, which instruction | ||||||
13 | shall not be less than 144 hours per year; | ||||||
14 | (4) A statement that apprentices shall not be under the | ||||||
15 | age of 16; | ||||||
16 | (5) A provision that apprentices shall be selected on | ||||||
17 | the basis of qualifications alone, as determined by | ||||||
18 | objective criteria which permit review, and without any | ||||||
19 | direct or indirect limitation, specification or | ||||||
20 | discrimination as to sex, race, creed, color or national | ||||||
21 | origin; | ||||||
22 | (6) A statement of the progressively increasing scale | ||||||
23 | of wages to be paid the apprentice; | ||||||
24 | (7) A provision for a period of probation during which | ||||||
25 | the Council shall be directed to terminate an |
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1 | apprenticeship agreement, at the request in writing, of any | ||||||
2 | party to the agreement. After the probationary period the | ||||||
3 | Council shall be empowered to terminate the registration of | ||||||
4 | an apprentice upon agreement of the parties; | ||||||
5 | (8) A provision that the services of the Department of | ||||||
6 | Labor may be utilized for consultation regarding the | ||||||
7 | settlement of differences arising out of the | ||||||
8 | apprenticeship agreement where such differences cannot be | ||||||
9 | adjusted locally or in accordance with the established | ||||||
10 | trade procedure; | ||||||
11 | (9) A provision that if an employer is unable to | ||||||
12 | fulfill his or her obligation under the apprenticeship | ||||||
13 | agreement he or she may transfer such obligation to another | ||||||
14 | employer; and | ||||||
15 | (10) Such additional standards as may be prescribed | ||||||
16 | under this Act. | ||||||
17 | Section 30. Application. The provisions of this Act shall, | ||||||
18 | in regard to apprenticeship and training programs, apply to a | ||||||
19 | person, firm, corporation or craft only after the person, firm, | ||||||
20 | corporation or craft has voluntarily elected to conform with | ||||||
21 | the provisions of this Act.
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