Section 3075 Of Chapter 4. Apprenticeship From California Labor Code >> Division 3. >> Chapter 4.
3075
. (a) An apprenticeship program may be administered by a joint
apprenticeship committee, unilateral management or labor
apprenticeship committee, or an individual employer. Programs may be
approved by the chief in any trade in the state or in a city or trade
area, whenever the apprentice training needs justify the
establishment. Where a collective bargaining agreement exists, a
program shall be jointly sponsored unless either party to the
agreement waives its right to representation in writing. Joint
apprenticeship committees shall be composed of an equal number of
employer and employee representatives.
(b) For purposes of this section, the apprentice training needs in
the building and construction trades shall be deemed to justify the
approval of a new apprenticeship program only if any of the following
conditions are met:
(1) There is no existing apprenticeship program approved under
this chapter serving the same craft or trade and geographic area.
(2) Existing apprenticeship programs approved under this chapter
that serve the same craft or trade and geographic area do not have
the capacity, or neglect or refuse, to dispatch sufficient
apprentices to qualified employers at a public works site who have
requested apprentices and are willing to abide by the applicable
apprenticeship standards, as shown by a sustained pattern of unfilled
requests.
(3) Existing apprenticeship programs approved under this chapter
that serve the same trade and geographic area have been identified by
the California Apprenticeship Council as deficient in meeting their
obligations under this chapter.
(c) For purposes of this section, an existing apprenticeship
program serves the "same craft or trade" as a proposed apprenticeship
program when there would be substantial overlap in the work
processes covered by the programs or when graduates of the existing
program would be qualified to perform a substantial portion of the
work that would be performed by graduates of the new program.