Section 3093 Of Chapter 4. Apprenticeship From California Labor Code >> Division 3. >> Chapter 4.
3093
. (a) This section applies only when voluntarily requested by
the parties to a collective bargaining agreement or by an employer,
his or her association, or a union, or its representative where there
is no collective bargaining agreement.
(b) Nothing in this section may be construed in any way so as to
compel, regulate, interfere with, or duplicate the provisions of any
established training programs which are operated under the terms of
any collective bargaining agreements or unilaterally by any employer
or bona fide labor union.
(c) Services contemplated under this section may be provided only
when voluntarily requested and shall be denied when it is found that
existing prevailing conditions in the area and industry would in any
way be lowered or adversely affected.
(d) The California Apprenticeship Council in cooperation with the
Department of Education, the Employment Development Department, and
the Board of Governors of the California Community Colleges may
foster and promote on-the-job training programs other than
apprenticeship as follows: (1) programs for journeymen in the
apprenticeable occupations to keep them abreast of current
techniques, methods, and materials and opportunities for advancement
in their industries; (2) programs in other than apprenticeable
occupations for workers entering the labor market for the first time
or workers entering new occupations by reason of having been
displaced from former occupations by reason of economic, industrial,
technological scientific changes, or developments; (3) the programs
shall be in accord with and agreed to by the parties to any
applicable collective bargaining agreements and where appropriate
will include joint employer-employee cooperation in the programs.
(e) The Division of Apprenticeship Standards when requested may
foster and promote voluntary on-the-job training programs in
accordance with this section, and assist employers, employees and
other interested persons and agencies in the development and carrying
out of the programs. The Division of Apprenticeship Standards shall
cooperate in these functions with the Department of Education, the
Employment Development Department, and the Board of Governors of the
California Community Colleges and other governmental agencies. The
Division of Apprenticeship Standards may cooperate with the
Department of Corrections and the Department of the Youth Authority
in the development of training programs for inmates and releasees of
correctional institutions.
(f) The programs, where appropriate, may include related and
supplemental classroom instruction offered and administered by state
and local boards responsible for vocational education.
(g) The activities and services of the Division of Apprenticeship
Standards in training programs under this section shall be performed
without curtailing or in any way interfering with the division's
activities and services in apprenticeship.
(h) The Division of Apprenticeship Standards may contract with,
and receive reimbursements from, appropriate federal, state, and
other governmental agencies.
(i) The vocational education activities and services of the
Department of Education, the Board of Governors of the California
Community Colleges, and local public school districts shall not be
abridged or abrogated through implementation of this section.
(j) "On-the-job training" as used in this section refers
exclusively to training confined to the needs of a specific
occupation and conducted at the jobsite for employed workers.
(k) "Journeyman," as used in this section, means a person who has
either (1) completed an accredited apprenticeship in his craft, or
(2) who has completed the equivalent of an apprenticeship in length
and content of work experience and all other requirements in the
apprenticeship standards for the craft which has workers classified
as journeymen in an apprenticeable occupation.
(l) Nothing in this section shall be construed to require prior
approval, ratification, or reference of any training program to the
Division of Apprenticeship Standards or the Department of Industrial
Relations.