26 §2172. On-the-job training contracts; apprenticeships - Maine Statutes

Title 26: LABOR AND INDUSTRY

Chapter 33: MAINE WORKFORCE INVESTMENT SYSTEM HEADING: PL 1989, C. 408, §3 (NEW); 2003, C. 114, §17 (RPR)

§2172. On-the-job training contracts; apprenticeships

1. Application. This section applies to all on-the-job training contracts entered into by any agency or organization, public or private, that provides a wage subsidy for a trainee with public funds, including all contracts written under the Maine Workforce Investment System.

[ 2003, c. 114, §20 (AMD) .]

2. Standards for on-the-job training contracts. All on-the-job training contracts must meet the following requirements of this subsection.

A. The occupation for which the contract is written is one which traditionally requires specific occupational training as a prerequisite. [1989, c. 408, §3 (NEW).]

B. The firm or establishment with which the contract is made is not involved in a strike, lockout or other labor dispute. [1989, c. 408, §3 (NEW).]

C. The trainee working under the contract shall receive the same wages and benefits and be subject to the same working conditions as other employees working an equivalent length of time and performing a substantially equivalent job at the work site. [1989, c. 408, §3 (NEW).]

D. Except when the employer has good cause related to the trainee's work performance, the employer shall, upon completion of the on-the-job training contract, offer the trainee continued employment with at least equivalent wages, benefits and working conditions, as existed under the contract. [1989, c. 408, §3 (NEW).]

E. The employer with whom the contract is made has not, in the past, violated paragraph D. [1989, c. 408, §3 (NEW).]

[ 1989, c. 408, §3 (NEW) .]

3. Nondisplacement; noninfringement; existing collective bargaining agreements. An on-the-job training contract may be executed only if:

A. No currently employed worker would be displaced by the trainee, including partial displacement such as reduction in the hours of work, wages or employment benefits; [1989, c. 408, §3 (NEW).]

B. The training position would not impair existing contracts for the services or collective bargaining agreements, except when the written concurrence of the labor organization concerned has been obtained; [1989, c. 408, §3 (NEW).]

C. No other individual is on layoff from the same or any substantially equivalent job for which the trainee would be trained; [1989, c. 408, §3 (NEW).]

D. The employer has not terminated the employment of any regular employee or otherwise reduced the work force of the employer with the intention of filling the vacancy so created by contracting to hire the trainee; and [1989, c. 408, §3 (NEW).]

E. The job for which the individual would be trained is not being created in a promotional line that will infringe in any way on the promotional opportunities of currently employed individuals. [1989, c. 408, §3 (NEW).]

[ 1989, c. 408, §3 (NEW) .]

4. Apprenticeable occupations. With respect to each placement under the Maine Workforce Investment System, the Department of Labor shall:

A. Determine whether the occupation is apprenticeable in accordance with a list of apprenticeable occupations provided by the State Apprenticeship and Training Council; [1989, c. 408, §3 (NEW).]

B. If the occupation is determined to be apprenticeable, contact the State Apprenticeship and Training Council for assistance in establishing an apprenticeship position that would follow Maine Workforce Investment System placement; [2003, c. 114, §21 (AMD).]

C. Ensure that the State Apprenticeship and Training Council provides a semiannual and annual list to the Commissioner of Labor on both the number of Maine Workforce Investment System referrals received and the number of apprenticeship positions that were established from the Maine Workforce Investment System referrals; and [2003, c. 114, §21 (AMD).]

D. If an apprenticeship program is developed under this subsection, provide the trainee information on various education and training opportunities that may be of assistance for indenturing in the apprenticeship program. [1989, c. 408, §3 (NEW).]

[ 2003, c. 114, §21 (AMD) .]

SECTION HISTORY

1989, c. 408, §3 (NEW). 2003, c. 114, §§20,21 (AMD).