2007 Minnesota Statutes

CHAPTER 178. APPRENTICE TRAINING

178.01 PURPOSES.
    The purposes of this chapter are: to open to young people regardless of race, sex, creed,
color or national origin, the opportunity to obtain training that will equip them for profitable
employment and citizenship; to establish as a means to this end, a program of voluntary
apprenticeship under approved apprentice agreements providing facilities for their training and
guidance in the arts, skills, and crafts of industry and trade, with concurrent, supplementary
instruction in related subjects; to promote employment opportunities under conditions providing
adequate training and reasonable earnings; to relate the supply of skilled workers to employment
demands; to establish standards for apprentice training; to establish an Apprenticeship Board and
apprenticeship committees to assist in effectuating the purposes of this chapter; to provide for a
Division of Labor Standards and Apprenticeship within the Department of Labor and Industry;
to provide for reports to the legislature regarding the status of apprentice training in the state;
to establish a procedure for the determination of apprentice agreement controversies; and to
accomplish related ends.
History: (4260-31) 1939 c 363 s 1; 1974 c 144 s 1; 2003 c 128 art 11 s 4; 2007 c 135 art 7
s 1; 2007 c 140 art 11 s 1

178.02 APPRENTICESHIP BOARD.
    Subdivision 1. Members. The commissioner of labor and industry, hereinafter called the
commissioner, shall appoint an Apprenticeship Board, hereinafter referred to as the board,
composed of three representatives each from employer and employee organizations, and two
representatives of the general public. The director of education responsible for career and
technical education or designee shall be an ex officio member of the board and shall serve in
an advisory capacity only.
    Subd. 2. Terms. The board shall expire and the terms, compensation, and removal of
appointed members shall be as provided in section 15.059.
    Subd. 3.[Repealed, 1976 c 149 s 63]
    Subd. 4. Duties. The board shall meet at the call of the commissioner. It shall propose
occupational classifications for apprenticeship programs; propose minimum standards for
apprenticeship programs and agreements; and advise on the establishment of such policies,
procedures, and rules as the board deems necessary in implementing the intent of this chapter.
History: (4260-32) 1939 c 363 s 2; 1951 c 333 s 1; Ex1967 c 1 s 6; 1974 c 144 s 2; 1976 c
149 s 34; 1979 c 130 s 1; 1986 c 444; 1993 c 132 s 3; 1Sp1995 c 3 art 16 s 13; 1997 c 192 s 29;
2001 c 161 s 35; 1Sp2003 c 9 art 10 s 9; 2007 c 135 art 7 s 2; 2007 c 140 art 11 s 2

178.03 DIVISION OF VOLUNTARY APPRENTICESHIP.
    Subdivision 1. Establishment of division. There is established a Division of Labor
Standards and Apprenticeship in the Department of Labor and Industry. This division shall be
administered by a director, and be under the supervision of the commissioner of labor and
industry, hereinafter referred to as the commissioner.
    Subd. 2. Director of labor standards and apprenticeship. The commissioner shall appoint
a director of the Division of Labor Standards and Apprenticeship, hereinafter referred to as
the director, and may appoint and employ such clerical, technical, and professional help as is
necessary to accomplish the purposes of this chapter. The director and division staff shall be
appointed and shall serve in the classified service pursuant to civil service law and rules.
    Subd. 3. Duties and functions. The director, under the supervision of the commissioner,
and with the advice and consultation of the Apprenticeship Board, is authorized: to administer
the provisions of this chapter; to promote apprenticeship and other forms of on the job training;
to establish, in cooperation and consultation with the Apprenticeship Board and with the
apprenticeship committees, conditions and training standards for the approval of apprenticeship
programs and agreements, which conditions and standards shall in no case be lower than those
prescribed by this chapter; to promote equal employment opportunity in apprenticeship and
other on the job training and to establish a Minnesota plan for equal employment opportunity
in apprenticeship which shall be consistent with standards established under Code of Federal
Regulations, title 29, part 30, as amended; to issue certificates of registration to sponsors of
approved apprenticeship programs; to act as secretary of the Apprenticeship Board; to approve, if
of the opinion that approval is for the best interest of the apprentice, any apprenticeship agreement
which meets the standards established hereunder; to terminate any apprenticeship agreement
in accordance with the provisions of such agreement; to keep a record of apprenticeship
agreements and their disposition; to issue certificates of completion of apprenticeship; and to
perform such other duties as the commissioner deems necessary to carry out the intent of this
chapter; provided, that the administration and supervision of supplementary instruction in related
subjects for apprentices; coordination of instruction on a concurrent basis with job experiences,
and the selection and training of teachers and coordinators for such instruction shall be the
function of state and local boards responsible for vocational education. The director shall have
the authority to make wage determinations applicable to the graduated schedule of wages and
journeyman wage rate for apprenticeship agreements, giving consideration to the existing wage
rates prevailing throughout the state, except that no wage determination by the director shall
alter an existing wage provision for apprentices or journeymen that is contained in a bargaining
agreement in effect between an employer and an organization of employees, nor shall the director
make any determination for the beginning rate for an apprentice that is below the wage minimum
established by federal or state law.
    Subd. 4. Reciprocity approval. The director, if requested by a sponsoring entity, shall
grant reciprocity approval to apprenticeship programs of employers and unions who jointly
form a sponsoring entity on a multistate basis in other than the building construction industry if
such programs are in conformity with this chapter and have been registered in compliance with
Code of Federal Regulations, title 29, part 29, by a state apprenticeship council recognized by
or registered with the Bureau of Apprenticeship and Training, United States Department of
Labor, when such approval is necessary for federal purposes under Code of Federal Regulations,
title 29, section 29.12(a).
    Subd. 5.[Repealed, 1987 c 403 art 2 s 164]
History: (4260-33) 1939 c 363 s 3; Ex1967 c 1 s 6; 1974 c 144 s 3; 1979 c 130 s 2,3; 1985
c 248 s 70; 1Sp1985 c 14 art 9 s 10; 1986 c 444; 2003 c 128 art 11 s 5,6; 2007 c 135 art 7
s 3; 2007 c 140 art 11 s 3

178.04 [Repealed, 1974 c 144 s 10]

178.041 RULEMAKING POWER.
    Subdivision 1. Rules. The commissioner may, upon receipt of the board's proposals, accept,
adopt, and issue them by rule with any modifications or amendments the commissioner finds
appropriate. The commissioner may refer them back to the board with recommendations for
further study, consideration and revision. If the commissioner refuses to accept, adopt, and issue
by rule or other appropriate action a board proposal, the commissioner must provide a written
explanation of the reason for the refusal to the board within 30 days after the board submitted
the proposal to the commissioner. Additional rules may be issued as the commissioner may
deem necessary.
    Subd. 2. Chapter 14 applies. Rules, modifications, amendments, and repeals thereof which
may be issued by the commissioner under this section shall be adopted in accordance with chapter
14 and shall have the force and effect of law.
History: 1974 c 144 s 4; 1982 c 424 s 130; 1986 c 444; 2007 c 135 art 7 s 4; 2007 c 140
art 11 s 4

178.05 APPRENTICESHIP COMMITTEES AND PROGRAMS.
    Subdivision 1. Establishment of committees. Apprenticeship committees may be
established by the director to supervise the operation of apprenticeship programs. Establishment
of a committee may be considered justified if either of the following conditions are met:
(a) When the employers and employees in a trade or trades are parties to a collective
bargaining agreement requiring joint participation in program operation; or
(b) When five or more apprentices are enrolled under a program.
    Subd. 2. Members. (a) The total number of members on a committee may range from
four to twelve.
(b) In joint participation there shall be equal representation of employers and employees.
(c) Members shall be selected by the group or groups they represent subject to approval
by the director.
(d) A committee may have as one of its employee representatives, an active apprentice of
record, provided that the apprentice has completed a minimum of 6,000 hours of an apprenticeship
term or has entered the fourth year of the term.
    Subd. 3. Programs. (a) A program operating under the supervision of a committee shall, in
its standards, include the procedures to be followed in the administration of the program which
in no case shall be inconsistent with the provisions of this chapter, and such rules as may be
promulgated by the department under the authority of this chapter.
(b) Every apprenticeship program operating under a committee shall, in its standards,
provide for a tie breaking procedure should the committee, by its voting, find itself unable to
reach a majority decision on any matter relative to the committee's supervision and operation
of the program.
(c) When a committee is not established by the director, the operation of the program shall be
according to the terms and conditions of the apprenticeship agreement as subscribed to by the
named contracting parties and approved by the director.
History: (4260-35) 1939 c 363 s 5; 1974 c 144 s 5; 1979 c 130 s 4; 1986 c 444

178.06 APPRENTICE.
The term "apprentice," as used herein, means a person at least 16 years of age who has
entered into a written agreement, hereinafter called an apprentice agreement, with a committee,
an employer, an association of employers, or an organization of employees, which apprentice
agreement provides for not less than 2,000 hours or one year of reasonably continuous
employment for such person and for participation in an approved program of training through
employment and through concurrent, supplementary education in related subjects. Whenever a
minimum age exceeding 16 years is prescribed by federal or state law to apply to workers in
certain hazardous occupations, the minimum age so prescribed shall be applicable to apprentices.
History: (4260-36) 1939 c 363 s 6; 1974 c 144 s 6; 1979 c 130 s 5; 1986 c 444

178.07 APPRENTICE AGREEMENTS.
Every apprentice agreement entered into under this chapter shall contain:
(1) the names of the contracting parties;
(2) the date of birth, and information as to the race and sex of the apprentice;
(3) a statement of the trade, craft, or business which the apprentice is to be taught, and the
time at which the apprenticeship will begin and end;
(4) a statement showing the number of hours to be spent by the apprentice in work and
the number of hours to be spent in concurrent, supplementary instruction in related subjects,
which instruction shall be not less than 144 hours during each year of the apprenticeship term.
The maximum number of hours of work per week not including time spent in related and
supplemental instruction for any apprentice shall not exceed either the number prescribed by law
or the customary regular number of hours per week for the employees of the company by which
the apprentice is employed. An apprentice may be allowed to work overtime provided that the
overtime work does not conflict with supplementary instruction course attendance. All time in
excess of the number of hours of work per week as specified in the apprenticeship agreement
shall be considered overtime. For overtime, the apprentice's rate of pay shall be increased by the
same percentage as the journeyman's rate of pay for overtime is increased in the same industry or
establishment;
(5) a statement setting forth a schedule of the processes in the trade or industry divisions in
which the apprentice is to be taught and the approximate time to be spent at each process;
(6) a statement of the graduated scale of wages to be paid the apprentice and whether the
required school time shall be compensated;
(7) a statement providing for a period of probation of not more than 500 hours of
employment and instruction extending over not more than four months, during which time the
apprentice agreement shall be terminated by the director upon written request of either party, and
providing that after such probationary period the apprentice agreement may be terminated by
the director by mutual agreement of all parties thereto, or terminated by the director for good
and sufficient reason;
(8) a provision that controversies or differences concerning the terms of the apprentice
agreement which cannot be resolved by the parties thereto, or which are not covered by a
collective bargaining agreement, may be submitted to the director for determination as provided
for in section 178.09;
(9) a provision that an employer who is unable to fulfill an obligation under the apprentice
agreement may, with the approval of the director, transfer such contract to any other employer,
provided that the apprentice consents and that such other employer agrees to assume the
obligations of the apprentice agreement; and
(10) such additional terms and conditions as may be prescribed or approved by the director
not inconsistent with the provisions of this chapter.
History: (4260-37) 1939 c 363 s 7; 1941 c 85; 1974 c 144 s 7; 1986 c 444

178.08 DIRECTOR TO APPROVE APPRENTICE AGREEMENTS.
Every apprentice agreement is subject to approval by the director and shall be signed by the
committee, the employer, an association of employers, or an organization of employees, and by
the apprentice, and if the apprentice is a minor, by a parent or legal guardian. When a minor enters
into an apprentice agreement under this chapter for a period of training extending into majority
the apprentice agreement shall likewise be binding for such a period as may be covered during
the apprentice's majority.
History: (4260-38) 1939 c 363 s 8; 1974 c 144 s 8; 1986 c 444

178.09 INVESTIGATIONS BY DIRECTOR.
    Subdivision 1. Complaint. Upon the complaint of any interested person or upon the director's
own initiative the director may investigate to determine if there has been a violation of the terms
of an apprentice agreement made under this chapter. The director may conduct such proceedings
as are necessary for that investigation and determination. All such proceedings shall be on a fair
and impartial basis and shall be conducted according to rules promulgated under section 178.041.
    Subd. 2. Determination; appeal. The determination of the director shall be filed with the
commissioner and written notice shall be served on all parties affected by it. Any person aggrieved
by any determination or action of the director may appeal to the commissioner. If no appeal is
filed with the commissioner within ten days of the date of service, the director's determination
shall become the order of the commissioner. If an appeal is filed, the commissioner shall appoint
and convene a hearing board to be composed of three members of the council, one member being
a representative of an employer organization, one representative being a member of an employee
organization, and one member representing the general public. The board shall hold a hearing on
the appeal after due notice to the interested parties and shall submit to the commissioner findings
of fact and a recommended decision accompanied by a memorandum of the reasons for it. Within
30 days after submission, the commissioner may adopt the recommended decision of the board, or
disregard the recommended decision of the board and prepare a decision based on the findings
of fact and accompanied by a memorandum of reasons for that decision. Written notice of the
commissioner's determination and order shall be served on all parties affected by it. Any person
aggrieved or affected by any determination or order of the commissioner may appeal from it to
the district court having jurisdiction at any time within 30 days after the date of the order by
service of a written notice of appeal on the commissioner. Upon service of the notice of appeal,
the commissioner shall file with the court administrator of the district court to which the appeal is
taken a certified copy of the order appealed from, together with findings of fact on which it is
based. The person serving a notice of appeal shall, within five days after its service, file it, with
proof of service, with the court administrator of the court to which the appeal is taken. The district
court shall then have jurisdiction over the appeal and it shall be entered in the records of the
district court and tried de novo according to the applicable rules. Any person aggrieved or affected
by any determination, order, or decision of the district court may appeal as in other civil cases.
History: (4260-39) 1939 c 363 s 9; Ex1967 c 1 s 6; 1974 c 144 s 9; 1983 c 247 s 76; 1986 c
444; 1Sp1986 c 3 art 1 s 82

178.10 LIMITATION.
The provisions of this chapter shall have no application to those infants who are apprenticed
by the commissioner of corrections pursuant to sections 242.43 and 242.44.
History: (4260-41) 1939 c 363 s 11; 1965 c 51 s 36; 1973 c 654 s 15; 1975 c 271 s 6;
1983 c 274 s 18

178.11 LABOR EDUCATION ADVANCEMENT GRANT PROGRAM.
The commissioner shall establish the labor education advancement grant program for the
purpose of facilitating the participation of minorities and women in apprenticeable trades and
occupations. The commissioner shall award grants to community-based organizations serving the
targeted populations on a competitive request-for-proposal basis. Interested organizations shall
apply for the grants in a form prescribed by the commissioner. As part of the application process,
applicants must provide a statement of need for the grant, a description of the targeted population
and apprenticeship opportunities, a description of activities to be funded by the grant, evidence
supporting the ability to deliver services, information related to coordinating grant activities
with other employment and training programs, identification of matching funds, a budget, and
performance objectives. Each submitted application shall be evaluated for completeness and
effectiveness of the proposed grant activity.
History: 1995 c 224 s 72

178.12 [Repealed, 1Sp2005 c 1 art 4 s 124]