APPRENTICES. 1. Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, of the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunder. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is training. 2. Every apprentice shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured. 3. When Consultant or subcontractors or subconsultants employ workers in any apprenticeship craft or trade for the Covered Services hereunder, Consultant or subcontractors or subconsultants shall apply to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, for a certificate approving Consultant or subcontractors or subconsultants under the apprenticeship standards for the employment and training of apprentices in the locality so identified. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons who shall be employed in the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every 5 hours of journeyperson work, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards. 4. “Apprenticeship craft or trade,” as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. 5. If Consultant or subcontractors or subconsultants employ journeypersons or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it shall not be entitled to any additional compensation therefore from University. 6. In the event Consultant willfully fails to comply with this Paragraph VI.D, it will be considered in violation of the requirements of the Agreement. 7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 12 contracts
Sources: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
APPRENTICES. 1. Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, of the State of California Labor Code, are eligible to be employed by Consultant CM and subcontractors or subconsultants as apprentices for the Covered Services hereunder. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is trainingtraining and in accordance with prevailing wage law pursuant to the Labor Code, including but not limited to Section 1777.5. The CM bears responsibility for compliance with this section for all apprenticeable occupations.
2. Every apprentice shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant CM or subcontractors or subconsultants employ workers in any apprenticeship craft or trade for the Covered Services hereunder, Consultant CM or subcontractors or subconsultants shall apply to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, for a certificate approving Consultant CM or subcontractors or subconsultants under the apprenticeship standards for the employment and training of apprentices in the locality so identified. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons journeyworkers who shall be employed in the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 one hour of apprentice work for every 5 five hours of journeyperson journeyman work, except as permitted by law. Consultant CM or subcontractors or subconsultants shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons journeyworkers fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant CM or subcontractors or subconsultants employ journeypersons journeyworkers or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant CM and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons journeyworkers or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant CM may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant CM fails to do so, it shall not be entitled to any additional compensation therefore from University.
6. In the event Consultant CM willfully fails to comply with this Paragraph VI.D11D, it will be considered in violation of the requirements of the Agreement.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant CM or subcontractors or subconsultants of journeyperson journeyworker trainees who may receive on-the-job training to enable them to achieve journeyperson journeyworker status in any craft or trade under standards other than those set forth for apprentices.
Appears in 7 contracts
Sources: Construction Management Agreement, Construction Management Agreement, Construction Management Agreement
APPRENTICES. 1. Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, of the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunder. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is trainingtraining and in accordance with prevailing wage law pursuant to the Labor Code, including but not limited to Section 1777.5. The Consultant bears responsibility for compliance with this section for all apprenticeable occupations.
2. Every apprentice shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ workers in any apprenticeship craft or trade for the Covered Services hereunder, Consultant or subcontractors or subconsultants shall apply to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, for a certificate approving Consultant or subcontractors or subconsultants under the apprenticeship standards for the employment and training of apprentices in the locality so identified. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons who shall be employed in the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every 5 hours of journeyperson work, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant or subcontractors or subconsultants employ journeypersons or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it shall not be entitled to any additional compensation therefore from University.
6. In the event Consultant willfully fails to comply with this Paragraph VI.D, it will be considered in violation of the requirements of the Agreement.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 5 contracts
Sources: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
APPRENTICES. 1. 11.4.1 Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, of the State of California Labor Code, are eligible to be employed by Consultant Design Professional and subcontractors or subconsultants consultants as apprentices for the Covered Services hereunder. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is trainingtraining and in accordance with prevailing wage law pursuant to the Labor Code, including but not limited to Section 1777.5. The Design Professional bears responsibility for compliance with this section for all apprenticeable occupations.
2. 11.4.2 Every apprentice shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. 11.4.3 When Consultant Design Professional or subcontractors or subconsultants consultants employ workers in any apprenticeship craft or trade for the Covered Services hereunder, Consultant Design Professional or subcontractors or subconsultants consultants shall apply to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeProject site, for a certificate approving Consultant Design Professional or subcontractors or subconsultants consultants under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea of the Project site. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons journeyworkers who shall be employed in the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every each 5 hours of journeyperson work, except as permitted by law. Consultant Design Professional or subcontractors or subconsultants consultants shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons journeyworkers fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. 11.4.4 “Apprenticeship craft or trade,” ”, as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant or subcontractors or subconsultants employ journeypersons or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it shall not be entitled to any additional compensation therefore from University.
6. In the event Consultant willfully fails to comply with this Paragraph VI.D, it will be considered in violation of the requirements of the Agreement.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 4 contracts
Sources: Executive Design Professional Agreement, Executive Design Professional Agreement, Executive Design Professional Agreement
APPRENTICES. 1Apprentices are entitled to all applicable rates and conditions of employment prescribed by this Agreement. Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, of the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as Training arrangements for apprentices for the Covered Services hereunder. The employment and training of each apprentice shall be in accordance with QIRC Order (No. B585 of 2003) Apprentices’ and Trainees’ Wages and Conditions (excluding certain Queensland Government entities) 2003, and QIRC Order (No. B1849 of 1997) Supply of tools to apprentices. Apprentices shall be paid all wages and allowances as specified by this Agreement whilst attending training, including daily fares and travel. All time spent attending training in the provisions course of the apprenticeship standards and written apprentice agreements under which the apprentice is training.
2shall count as time served for all purposes. Every apprentice The Employer shall be responsible for meeting all costs associated with apprenticeship/ traineeship training, including any student registration, tuition fee or other course costs. Adult apprentices (21 years of age or older) will be paid a minimum rate equal to the standard wage to apprenticesrate of pay for a third-year apprentice, under and entitlements, for the regulations first three years of their apprenticeship. The parties recognise that the viability and success of the craft or trade Services Trades depend on training apprentices to become the workforce of the future. As its contribution towards creating the Industry’s future workforce, the Employer commits to the following arrangements. To ensure apprentices receive appropriate on the job training by experienced tradespeople and apprentice numbers are maximised, the Employer shall maintain a ratio of at which the least 1 apprentice is employed, and shall be employed only to 5 tradespeople for the Covered Services hereunder in first 20 tradespeople employed by the craft or trade Employer. For every 10 additional tradespeople employed thereafter, the ratio will be at least 1 apprentice to which 10 tradespeople. For example, if the Employer engages 30 tradespeople, 5 will be apprentices. The Employer and the Union shall discuss and implement agreed strategies to maximise apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ workers in any apprenticeship craft or trade intake for the Covered Services hereunderEmployer. Provided that the application of this clause is not used to displace existing Employees, Consultant there should be no more apprentices engaged than tradespeople on any site, project or subcontractors or subconsultants shall apply to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, for a certificate approving Consultant or subcontractors or subconsultants under the apprenticeship standards for the employment and training of apprentices in the locality so identified. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons who shall be employed in the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every 5 hours of journeyperson work, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standardsjob (i.e. 1:1 ratio).
4. “Apprenticeship craft or trade,” as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant or subcontractors or subconsultants employ journeypersons or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it shall not be entitled to any additional compensation therefore from University.
6. In the event Consultant willfully fails to comply with this Paragraph VI.D, it will be considered in violation of the requirements of the Agreement.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
APPRENTICES. 1. 11.4.1 Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, of the State of California Labor Code, are eligible to be employed by Consultant Design Professional and subcontractors or subconsultants consultants as apprentices for the Covered Services hereunder. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is training.training and in accordance with
2. 11.4.2 Every apprentice shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. 11.4.3 When Consultant Design Professional or subcontractors or subconsultants consultants employ workers in any apprenticeship craft or trade for the Covered Services hereunder, Consultant Design Professional or subcontractors or subconsultants consultants shall apply to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeProject site, for a certificate approving Consultant Design Professional or subcontractors or subconsultants consultants under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea of the Project site. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons journeyworkers who shall be employed in the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every each 5 hours of journeyperson workjourneyworkers, except as permitted by law. Consultant Design Professional or subcontractors or subconsultants consultants shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons journeyworkers fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. 11.4.4 “Apprenticeship craft or trade,” ”, as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant or subcontractors or subconsultants employ journeypersons or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it shall not be entitled to any additional compensation therefore from University.
6. In the event Consultant willfully fails to comply with this Paragraph VI.D, it will be considered in violation of the requirements of the Agreement.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 4 contracts
Sources: Executive Design Professional Agreement, Executive Design Professional Agreement, Executive Design Professional Agreement
APPRENTICES. 1A. The CONTRACTOR acknowledges and agrees that, it this Contract involves a dollar amount greater than or a number of working days greater than that specified in Labor Code Section 1777.5, this Contract is governed by the provisions of Labor Code Section 1777.5. It shall be the responsibility of the CONTRACTOR to ensure compliance with this Section and with the provisions of Labor Code Section 1777.5 for all apprenticing occupations.
B. Apprentices of any crafts or trades may be employed and, when required by Labor Code Section 1777.5, shall be employed provided they are properly registered in full compliance with the provisions of the Labor Code.
C. Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he or she is employed, and shall be employed only at the work or the craft or trade to which he or she is registered.
D. Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, 4 commencing with Section 3070 of the State of California Labor Code, Code are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunderon public works. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice he or she is training.
2. Every apprentice shall be paid E. Pursuant to Labor Code Section 1777.5, the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice is employed, CONTRACTOR and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or any subcontractors or subconsultants employ employing workers in any apprenticeship craft or trade for the Covered Services hereundertrade, Consultant or subcontractors or subconsultants in performing any work under this Contract, shall apply to the applicable joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, committee for a certificate approving Consultant CONTRACTOR or subcontractors or subconsultants subcontractor under the applicable apprenticeship standards for the employment and training of apprentices in apprentices.
F. Every contractor and subcontractor shall submit contract award information to the locality so identified. The applicable joint apprenticeship committee will issue a certificate fixing which shall include an estimate of journeyman hours to be performed under the Contract, the number of apprentices or the ratio of apprentices to journeypersons who shall be employed and the approximate dates the apprentices will be employed.
G. The CONTRACTOR and all subcontractors shall comply with Labor Code Section 1777.6, which forbids certain discriminatory practices in the craft or trade on employment of apprentices.
▇. CONTRACTOR shall become fully acquainted with the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every 5 hours of journeyperson work, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance laws concerning apprentices prior to commencement of the approval certificate in each such craft or tradeProject. Special attention is directed to sections 1777.5, employ 1777.6 and 1777.7 of the number Labor Code and Title 8 of apprentices or the ratio California Code of apprentices Regulations. Questions may be directed to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the State Division of Apprenticeship Standards, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇.
4. “Apprenticeship craft or trade,” as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant or subcontractors or subconsultants employ journeypersons or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it shall not be entitled to any additional compensation therefore from University.
6. In the event Consultant willfully fails to comply with this Paragraph VI.D, it will be considered in violation of the requirements of the Agreement.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 4 contracts
Sources: General Conditions, General Conditions, General Conditions
APPRENTICES. 1(i) All apprentices employed by Provider to perform services under these Construction Provisions shall be paid the standard wage paid to apprentices under the regulation of the craft or trade at which that apprentice is employed, and shall be employed only at the work of the craft or trade in which that apprentice is registered. Only apprentices, as defined in the State of California Labor Code Section § 3077, who are in training under apprenticeship standards and written apprentice apprenticeship agreements under Chapter 44 (commencing at Section 3070), Division 3, 3 of the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunderunder these Construction Provisions. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice apprenticeship agreements under which the that apprentice is training.
2. Every apprentice shall be paid (ii) When Provider to whom the standard wage to apprenticeswork under these Construction Provisions is awarded by the Purchaser or any Subcontractor under Provider, in performing any of the work under the regulations of the craft or trade at which the apprentice is employedConstruction Provisions, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ employs workers in any apprenticeship apprenticeable craft or trade for the Covered Services hereundertrade, Consultant or subcontractors or subconsultants Provider and Subcontractor shall apply to the joint apprenticeship committee, which administers committee administering the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State Site of California Labor Codethe public work, for a certificate approving Consultant Provider or subcontractors or subconsultants Subcontractor under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea or industry affected. However, approval as established by the joint apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship. Provider or Subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The committee will issue a certificate fixing the number of apprentices or the ratio of work performed by apprentices to journeypersons journeymen, who shall be employed in the craft or trade on the Covered Services hereunder. The public work, may be the ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; , but in no case shall the ratio be less than 1 one hour of apprentice work for every 5 each five (5) hours of journeyperson worklabor performed by a journeyman, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance otherwise provided in Section 1777.5 of the approval certificate in Labor Code. However, the minimum ratio for the land surveyor classification shall not be less than one apprentice for each such five journeymen.
(iii) “Apprenticeable craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used in Labor Code § 1777.5 and this ParagraphArticle, shall mean means a craft or trade determined as an apprenticeship apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant (iv) Provider, or subcontractors or subconsultants employ journeypersons any Subcontractor which, in performing any of the work under this contract, employs journeymen or apprentices in any apprenticeable craft or trade and which is not contributing to a fund or funds to administer and conduct the apprenticeship programming of any craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor Code, and there exists a fund for assisting to allay the cost Site of the apprenticeship program in the trade or craftpublic work, to which fund or funds other contractors Providers in the locality so identified area of the Site of the public work are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons that Provider employs journeymen or apprentices on the Covered Services hereunder public work in the same amount or upon the same basis and in the same manner done by as other Providers do, but where the other contractorstrust fund administrators are unable to accept the funds, Providers not signatory to the trust agreement shall pay like amount to the California Apprenticeship Council. Consultant Provider or Subcontractor may include add the amount of such contributions in computing its compensation under their bid for the Agreement; but if Consultant fails contract. The Division of Labor Standards Enforcement is authorized to do so, it shall not be entitled enforce the payment of the contributions to any additional compensation therefore from Universitythe fund or funds as set forth in Labor Code § 227.
6. In the event Consultant willfully fails to comply (v) The responsibility of compliance with Labor Code § 1777.5 and this Paragraph VI.D, it will be considered in violation Article for all apprenticeable occupations is with Provider.
(vi) The interpretation and enforcement of Sections 1777.5 and 1777.7 of the requirements Labor Code shall be in accordance with the rules and procedures of the AgreementCalifornia Apprenticeship Council.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 3 contracts
Sources: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
APPRENTICES. 1Apprentices of any crafts or trades may be employed and, when required by Labor Code section 1777.5, shall be employed provided they are properly indentured to the Contract in full compliance with provisions of the Labor Code. The prime contractor shall bear the responsibility of compliance with Labor Code section 1777.5 for all apprenticeable occupations and agrees that he will comply with said section which reads: “Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works. Every apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he is employed and shall be employed only at the work of the craft or trade to which he is registered.” Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 44 (commencing with Section 3070), of Division 3, of the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunderon public works. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice he or she is training.
2. Every apprentice shall be paid When the standard wage contractor to apprenticeswhom the contract is awarded by the SCCOE, in performing any of the work under the regulations of the craft contract or trade at which the apprentice is employedsubcontract, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ employs workers in any apprenticeship apprenticeable craft or trade for trade, the Covered Services hereunder, Consultant or subcontractors or subconsultants contractor and subcontractor shall apply to the joint apprenticeship committee, which administers committee administering the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State site of California Labor Code, the public work for a certificate approving Consultant the contractor or subcontractors or subconsultants subcontractor under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea or industry affected. However, approval as established by the joint apprenticeship committee or committees shall be subject to approval of the Administrator of Apprenticeship. The joint apprenticeship committee will issue a certificate fixing or committees, subsequent to approving the subject contractor or subcontractor, shall arrange for the dispatch of apprentices to the contractor or subcontractor in order to comply with this section. Every contractor and subcontractor shall submit contact award information to the applicable joint apprenticeship committee which shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices to be employed, and the approximate date the apprentices will be employed. There shall be an affirmative duty upon the join apprenticeship committee or committees administering the apprenticeship standards of the craft or trade in the area of the site of the public work to ensure equal employment and affirmative action in apprenticeship for women and minorities. Contractors or subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The ratio of work performed by apprentices to journeypersons journeymen who shall be employed in the craft or trade on the Covered Services hereunder. The public work may be the ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; , but except as otherwise provided in this section, in no case shall the ratio be less than 1 one hour of apprentice work for every 5 five hours of journeyperson worklabor performed by a journeyman. However, the minimum ratio for the land surveyor classification shall not be less than one apprentice for each five journeymen. Any ratio shall apply during any day or portion of a day when any journeyman, or the higher standard stipulated by the joint apprenticeship committee, is employed at the job site and shall be computed on the basis of the hours worked during the day by journeymen so employed, except for the land surveyor classification. The Contractor shall employ apprentices for the number of hours computed as permitted above before the end of the contract. However, the Contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the job site. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Division of Apprenticeship Standards, upon application of a joint apprenticeship committee, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. The Contractor or subcontractor, if he is covered by law. Consultant or subcontractors or subconsultants shallthis section, upon the issuance of the approval certificate certificate, or if he has been previously approved in each such the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeypersons fixed journeymen stipulated in the certificate issued apprenticeship standards. Upon proper showing by the joint apprenticeship committee Contractor that he employs apprentices in such craft or present trade in the state on all of his contracts on an exemption certificate issued annual average of not less than one hour of apprentice work for every five hours of labor performed by a journeyman, or in the land surveyor classification, one apprentice for each five journeymen, the Division of Apprenticeship Standards.
4Standards my grant a certificate exempting the Contractor from the 1-to-5 hourly ratio as set forth in the section. This section shall not apply to contracts of general contractors or to contracts of specialty contractors not proposing work through a general or prime contractor, when the contracts of general contractors or those specialty contractors involve less than thirty thousand ($30,000) or 20 working days. This section shall not use any work performed by a journeyman in excess of eight hours per day or 40 hours per week to calculate the hourly ratio. “Apprenticeship Apprenticeable craft or trade,” as used in this Paragraphsection, shall mean means a craft or trade determined as an apprenticeship apprenticeable occupation in accordance with the rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
a) Unemployment for the previous three-month period in such area exceeds an average of 15 percent. b) The number of apprentices in training in such area exceeds a ratio of 1-to-5.
5c) If there is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis, or on a local basis. If Consultant d) Assignment of an apprentice to any work performed under a public works contract would create a condition which would jeopardize his life, or subcontractors the life, safety, or subconsultants employ journeypersons property of fellow employees or the public at large or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman. When exemptions are granted to an organization which represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards. A contractor to whom the contract is awarded, or any subcontractor under him who, employs journeymen or apprentices in any apprenticeable craft or trade to perform work under the contract and who is not contributing to a fund or funds to administer and conduct the apprenticeship program in any craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor Code, and there exists a fund for assisting to allay the cost site of the apprenticeship program in the trade or craftpublic work, to which fund or funds other contractors in the locality so identified area of the site of the public work are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons he employs journeymen or apprentices on the Covered Services hereunder public work in the same amount or upon the same basis and in the same manner done by as the other contractorscontractors do. Consultant Where the trust fund administrators are unable to accept the fund, contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. This contractor or subcontractor may include add the amount of such the contributions in computing its compensation under his proposal for the Agreement; but if Consultant fails contract. The Division of Labor Standards Enforcement is authorized to do so, it enforce the payment of the contributions to the fund or funds as set forth in Labor Code Section 227. The SCCOE awarding the contract shall not cause to be entitled inserted in the contract stipulations to any additional compensation therefore from University.
6effectuate this section. In The stipulations shall fix the event Consultant willfully fails to comply responsibility of compliance with this Paragraph VI.D, it will be considered in violation section for all apprenticeable occupations with the prime contractor. All decisions of the requirements of the Agreementjoint apprenticeship committee under this section are subject to Labor Code Section 3081.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 3 contracts
Sources: Public Works Contract, Public Works Contract, Public Works Contract
APPRENTICES. 1. 11.4.1 Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, of the State of California Labor Code, are eligible to be employed by Consultant Design Professional and subcontractors or subconsultants consultants as apprentices for the Covered Services hereunder. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is trainingtraining and in accordance with prevailing wage law pursuant to the Labor Code, including but not limited to Section 1777.5. The Design Professional bears responsibility for compliance with this section for all apprenticeable occupations.
2. 11.4.2 Every apprentice shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. 11.4.3 When Consultant Design Professional or subcontractors or subconsultants consultants employ workers in any apprenticeship craft or trade for the Covered Services hereunder, Consultant Design Professional or subcontractors or subconsultants consultants shall apply to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeProject site, for a certificate approving Consultant Design Professional or subcontractors or subconsultants consultants under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea of the Project site. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons journeyworkers who shall be employed in the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every each 5 hours of journeyperson workjourneyworkers, except as permitted by law. Consultant Design Professional or subcontractors or subconsultants consultants shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons journeyworkers fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. 11.4.4 “Apprenticeship craft or trade,” ”, as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant or subcontractors or subconsultants employ journeypersons or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it shall not be entitled to any additional compensation therefore from University.
6. In the event Consultant willfully fails to comply with this Paragraph VI.D, it will be considered in violation of the requirements of the Agreement.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 3 contracts
Sources: Executive Design Professional Agreement for Cm at Risk Delivery, Executive Design Professional Agreement, Executive Design Professional Agreement
APPRENTICES. 1. 11.4.1 Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, of the State of California Labor Code, are eligible to be employed by Consultant Master Architect and subcontractors or subconsultants consultants as apprentices for the Covered Services hereunder. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is trainingtraining and in accordance with prevailing wage law pursuant to the Labor Code, including but not limited to Section 1777.5. The Master Architect bears responsibility for compliance with this section for all apprenticeable occupations.
2. 11.4.2 Every apprentice shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. 11.4.3 When Consultant Master Architect or subcontractors or subconsultants consultants employ workers in any apprenticeship craft or trade for the Covered Services hereunder, Consultant Master Architect or subcontractors or subconsultants consultants shall apply to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeProject site, for a certificate approving Consultant Master Architect or subcontractors or subconsultants consultants under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea of the Project site. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons journeyworkers who shall be employed in the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every each 5 hours of journeyperson workjourneyworkers, except as permitted by law. Consultant Master Architect or subcontractors or subconsultants consultants shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons journeyworkers fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. 11.4.4 “Apprenticeship craft or trade,” ”, as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. 11.4.5 If Consultant Master Architect or subcontractors or subconsultants consultants employ journeypersons journeyworkers or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeProject site, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified area of the Project site are contributing, Consultant Master Architect and subcontractors or subconsultants consultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons journeyworkers or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant Master Architect may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant Master Architect fails to do so, it shall not be entitled to any additional compensation therefore from University.
6. 11.4.6 In the event Consultant Master Architect willfully fails to comply with this Paragraph VI.D11.4, it will be considered in violation of the requirements of the Agreement.
7. 11.4.7 Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant Master Architect or subcontractors or subconsultants consultants of journeyperson journeyworker trainees who may receive on-the-job training to enable them to achieve journeyperson journeyworker status in any craft or trade under standards other than those set forth for apprentices.
Appears in 3 contracts
Sources: Master Architect Agreement for Design Build Delivery, Master Architect Agreement for Design Build Delivery, Master Architect Agreement for Design Build Delivery
APPRENTICES. 1Apprentices of any crafts or trades may be employed and, when required by Labor Code section 1777.5, shall be employed provided they are properly indentured to the Contract in full compliance with provisions of the Labor Code. The prime contractor shall bear the responsibility of compliance with Labor Code section 1777.5 for all apprenticeable occupations and agrees that he will comply with said section which reads: “Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works. Every apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he is employed, and shall be employed only at the work of the craft or trade to which he is registered.” Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 44 (commencing with Section 3070), of Division 3, of the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunderon public works. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice he or she is training.
2. Every apprentice shall be paid When the standard wage contractor to apprenticeswhom the contract is awarded by the District, in performing any of the work under the regulations of the craft contract or trade at which the apprentice is employedsubcontract, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ employs workers in any apprenticeship apprenticeable craft or trade for trade, the Covered Services hereunder, Consultant or subcontractors or subconsultants contractor and subcontractor shall apply to the joint apprenticeship committee, which administers committee administering the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State site of California Labor Code, the public work for a certificate approving Consultant the contractor or subcontractors or subconsultants subcontractor under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea or industry affected. However, approval as established by the joint apprenticeship committee or committees shall be subject to approval of the Administrator of Apprenticeship. The joint apprenticeship committee will issue a certificate fixing or committees, subsequent to approving the subject contractor or subcontractor, shall arrange for the dispatch of apprentices to the contractor or subcontractor in order to comply with this section. Every contractor and subcontractor shall submit contact award information to the applicable joint apprenticeship committee which shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices to be employed, and the approximate date the apprentices will be employed. There shall be an affirmative duty upon the join apprenticeship committee or committees administering the apprenticeship standards of the craft or trade in the area of the site of the public work to ensure equal employment and affirmative action in apprenticeship for women and minorities. Contractors or subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The ratio of work performed by apprentices to journeypersons journeymen who shall be employed in the craft or trade on the Covered Services hereunder. The public work may be the ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but , but, except as otherwise provided in this section, in no case shall the ratio be less than 1 one hour of apprentice work for every 5 five hours of journeyperson worklabor performed by a journeyman. However, the minimum ratio for the land surveyor classification shall not be less than one apprentice for each five journeymen. Any ratio shall apply during any day or portion of a day when any journeyman, or the higher standard stipulated by the joint apprenticeship committee, is employed at the job site and shall be computed on the basis of the hours worked during the day by journeymen so employed, except for the land surveyor classification. The Contractor shall employ apprentices for the number of hours computed as permitted above before the end of the contract. However, the Contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the job site. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Division of Apprenticeship Standards, upon application of a joint apprenticeship committee, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. The Contractor or subcontractor, if he is covered by law. Consultant or subcontractors or subconsultants shallthis section, upon the issuance of the approval certificate certificate, or if he has been previously approved in each such the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeypersons fixed journeymen stipulated in the certificate issued apprenticeship standards. Upon proper showing by the joint apprenticeship committee Contractor that he employs apprentices in such craft or present trade in the state on all of his contracts on an exemption certificate issued annual average of not less than one hour of apprentice work for every five hours of labor performed by a journeyman, or in the land surveyor classification, one apprentice for each five journeymen, the Division of Apprenticeship Standards.
4Standards my grant a certificate exempting the Contractor from the 1-to-5 hourly ratio as set forth in the section. This section shall not apply to contracts of general contractors or to contracts of specialty contractors not proposing work through a general or prime contractor, when the contracts of general contractors or those specialty contractors involve less than thirty thousand ($30,000) or 20 working days. This section shall not use any work performed by a journeyman in excess of eight hours per day or 40 hours per week to calculate the hourly ratio. “Apprenticeship Apprenticeable craft or trade,” as used in this Paragraphsection, shall mean means a craft or trade determined as an apprenticeship apprenticeable occupation in accordance with the rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
a) Unemployment for the previous three-month period in such area exceeds an average of 15 percent. b) The number of apprentices in training in such area exceeds a ratio of 1-to-5.
5c) If there is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis, or on a local basis. If Consultant d) Assignment of an apprentice to any work performed under a public works contract would create a condition which would jeopardize his life, or subcontractors the life, safety, or subconsultants employ journeypersons property of fellow employees or the public at large or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman. When exemptions are granted to an organization which represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards. A contractor to whom the contract is awarded, or any subcontractor under him who, employs journeymen or apprentices in any apprenticeable craft or trade to perform work under the contract and who is not contributing to a fund or funds to administer and conduct the apprenticeship program in any craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor Code, and there exists a fund for assisting to allay the cost site of the apprenticeship program in the trade or craftpublic work, to which fund or funds other contractors in the locality so identified area of the site of the public work are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons he employs journeymen or apprentices on the Covered Services hereunder public work in the same amount or upon the same basis and in the same manner done by as the other contractorscontractors do. Consultant Where the trust fund administrators are unable to accept the fund, contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. This contractor or subcontractor may include add the amount of such the contributions in computing its compensation under his proposal for the Agreement; but if Consultant fails contract. The Division of Labor Standards Enforcement is authorized to do so, it enforce the payment of the contributions to the fund or funds as set forth in Labor Code Section 227. The District awarding the contract shall not cause to be entitled inserted in the contract stipulations to any additional compensation therefore from University.
6effectuate this section. In The stipulations shall fix the event Consultant willfully fails to comply responsibility of compliance with this Paragraph VI.D, it will be considered in violation section for all apprenticeable occupations with the prime contractor. All decisions of the requirements of the Agreementjoint apprenticeship committee under this section are subject to Labor Code Section 3081.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 3 contracts
Sources: Public Works Contract, Public Works Contract for Services, Public Works Contract
APPRENTICES. 1. 14.5.1 For purposes of this Article 14.5, the term Subcontractor shall not include suppliers, manufacturers, and distributors.
14.5.2 Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, of the State of California Labor Code, are eligible to be employed by Consultant Contractor and subcontractors or subconsultants Subcontractors as apprentices for the Covered Services hereunderapprentices. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is trainingtraining and in accordance with prevailing wage law pursuant to the Labor Code, including but not limited to Section 1777.5. The Contractor bears responsibility for compliance with this section for all apprenticeable occupations.
2. 14.5.3 Every apprentice shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only for at the Covered Services hereunder Work in the craft or trade to which the apprentice is indentured.
3. 14.5.4 When Consultant Contractor or subcontractors or subconsultants Subcontractors employ workers in any apprenticeship craft or trade for on the Covered Services hereunderWork, Consultant Contractor or subcontractors or subconsultants Subcontractors shall 1) send contract award information to the applicable joint apprenticeship committee that can supply apprentices to the site of the public work and 2) apply to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeProject site, for a certificate approving Consultant Contractor or subcontractors or subconsultants Subcontractors under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea of the Project site. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons who shall be employed in the craft or trade on the Covered Services hereunderWork. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every 5 hours of journeyperson work, except as permitted by law. Consultant Contractor or subcontractors or subconsultants Subcontractors shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. 14.5.5 “Apprenticeship craft or trade,” as used in this ParagraphArticle 14.5, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. 14.5.6 If Consultant Contractor or subcontractors or subconsultants Subcontractors employ journeypersons journey-workers or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeProject site, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified area of the Project site are contributing, Consultant Contractor and subcontractors or subconsultants Subcontractors shall contribute to the fund or funds in each craft or trade in which they employ journeypersons journey-workers or apprentices on the Covered Services hereunder Work in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant Contractor may include the amount of such contributions in computing its compensation under bid for the AgreementContract; but if Consultant Contractor fails to do so, it shall not be entitled to any additional compensation therefore therefor from Universitythe City.
6. 14.5.7 In the event Consultant Contractor willfully fails to comply with this Paragraph VI.DArticle 14.5, it will be considered in violation of the requirements of the AgreementContract.
7. 14.5.8 Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant Contractor or subcontractors or subconsultants Subcontractors of journeyperson journey-worker trainees who may receive on-the-job training to enable them to achieve journeyperson journey-worker status in any craft or trade under standards other than those set forth for apprentices.
Appears in 2 contracts
Sources: Construction Contract, Construction Contract
APPRENTICES. Section 1. Only apprenticesNew Applicants for employment with a signatory contractor who have fewer than 4,000 hours of experience as a Construction Craft Laborer (or alternatively, as defined cannot demonstrate equivalent skills by achieving a satisfactory score in a placement examination administered by the State of California Labor Code Section 3077Joint Apprenticeship and Training Committee (JATC), who are in training under apprenticeship standards shall, whenever practical, enter and written apprentice agreements under Chapter 4, Division 3, of be allowed to enter the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunder. The employment and training of each apprentice shall be Apprenticeship program on a non-discriminatory basis in accordance with the provisions terms of the Apprenticeship Program. Any person entering, but failing to maintain and complete his or her apprenticeship, shall not be employed by the Employer as a Journeyworker under this Agreement. The failure of any Apprentice to maintain his or her apprenticeship standards and written apprentice agreements under which status shall obligate the apprentice is trainingEmployer to discharge such person upon notice from the Union.
Section 2. Every apprentice The Apprenticeship and Training Standards approved by the Federal Bureau of Apprenticeship and Training or State Apprenticeship Committee are hereby incorporated herein by reference and made a part of this Agreement.
Section 3. The Apprentice wage rates:
Section 4. The requirements for entry into the Apprenticeship program shall be paid controlled by the standard wage JATC, which shall employ appropriate testing and screening procedures. An Apprentice advances from one hours-of credit and wage-rate category to apprenticesanother only upon determination of satisfactory performance by the JATC, under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder pursuant to requirements specified in the craft or trade Apprenticeship Program which shall have the authority to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ workers in any apprenticeship craft or trade for the Covered Services hereunder, Consultant or subcontractors or subconsultants shall apply to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for grant accelerated credit where warranted by the performance of construction, alteration, demolition or repair work an individual Apprentice.
Section 5. Except as defined provided in Section 1720 of 9, the State of California Labor Code, for a certificate approving Consultant or subcontractors or subconsultants under the apprenticeship standards for the employment and training of apprentices Employer shall participate in the locality so identifiedApprenticeship Program by considering Apprentices for employment upon referral by the Union. The committee will issue a certificate fixing Employer shall have the number of apprentices sole right to reject, at any time, any Apprentice referred to it, or working for it. The Employer is not obligated to accept more than one (1) Apprentice for every five (5) Journeyworkers commencing with the sixth Laborer needed by the Employer. This ratio of apprentices to journeypersons who shall be measured on a company wide basis, and does not require an Employer to have a sixth Laborer, if only five are needed, as determined by the Employer.
Section 6. The Employer may not employ an Apprentice until at least one (1) Journeyworker is employed and thereafter may not employ more than one (1) Apprentice for every additional three (3) Journeyworkers.
Section 7. An Apprentice should, whenever practical, be rotated by the Employer through different types of work so as to become trained in a variety of operations and work skills. Where the Employer is unable to provide an Apprentice with experience in the full range of craft or trade skills, the JATC may request the Local Union to reassign the Apprentice to other employment in order to provide that experience. For so long as the Employer is able to provide the necessary range of employment experience, the Employer may choose to retain the Apprentice from job to job. Upon request the Employer will inform the JATC and Local Union of an Apprentice’s job reassignments on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every 5 hours of journeyperson work, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standardsa project.
4Section 8. “Apprenticeship craft or trade,” as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant or subcontractors or subconsultants employ journeypersons or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it An Apprentice shall not be entitled penalized for taking off from work to any additional compensation therefore from Universityattend offsite training (though time off for training is unpaid).
6Section 9. In Notwithstanding the event Consultant willfully fails provisions of Section 5, the Employer may call the Union for an individual by name, provided he or she is not then employed by another Employer. If available, the Union shall refer that individual.
Section 10. The Union agrees to comply with this Paragraph VI.D, it will be considered hold harmless and to indemnify any Employer in violation any claim arising out of the requirements Union’s referral rules/practices or the Union’s or JATC’s administration of the AgreementApprenticeship Program.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 2 contracts
APPRENTICES. Section 1. Only apprenticesNew Applicants for employment with a signatory contractor who have fewer than 4,000 hours of experience as a Construction Craft Laborer (or alternatively, as defined cannot demonstrate equivalent skills by achieving a satisfactory score in a placement examination administered by the State of California Labor Code Section 3077Joint Apprenticeship and Training Committee (JATC), who are in training under apprenticeship standards shall, whenever practical, enter and written apprentice agreements under Chapter 4, Division 3, of be allowed to enter the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunder. The employment and training of each apprentice shall be Apprenticeship program on a non-discriminatory basis in accordance with the provisions terms of the Apprenticeship Program. Any person entering, but failing to maintain and complete his or her apprenticeship, shall not be employed by the Employer as a Journeyworker under this Agreement. The failure of any Apprentice to maintain his or her apprenticeship standards and written apprentice agreements under which status shall obligate the apprentice is trainingEmployer to discharge such person upon notice from the Union.
Section 2. Every apprentice The Apprenticeship and Training Standards approved by the Federal Bureau of Apprenticeship and Training or State Apprenticeship Committee are hereby incorporated herein by reference and made a part of this Agreement.
Section 3. The Apprentice wage rates:
Section 4. The requirements for entry into the Apprenticeship program shall be paid controlled by the standard wage JATC, which shall employ appropriate testing and screening procedures. An Apprentice advances from one hours-of credit and wage-rate category to apprenticesanother only upon determination of satisfactory performance by the JATC, under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder pursuant to requirements specified in the craft or trade Apprenticeship Program which shall have the authority to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ workers in any apprenticeship craft or trade for the Covered Services hereunder, Consultant or subcontractors or subconsultants shall apply to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for grant accelerated credit where warranted by the performance of construction, alteration, demolition or repair work an individual Apprentice.
Section 5. Except as defined provided in Section 1720 of 9, the State of California Labor Code, for a certificate approving Consultant or subcontractors or subconsultants under the apprenticeship standards for the employment and training of apprentices Employer shall participate in the locality so identifiedApprenticeship Program by considering Apprentices for employment upon referral by the Union. The committee will issue a certificate fixing Employer shall have the number of apprentices sole right to reject, at any time, any Apprentice referred to it, or working for it. The Employer is not obligated to accept more than one
(1) Apprentice for every five (5) Journeyworkers commencing with the sixth Laborer needed by the Employer. This ratio of apprentices to journeypersons who shall be measured on a company wide basis, and does not require an Employer to have a sixth Laborer, if only five are needed, as determined by the Employer.
Section 6. The Employer may not employ an Apprentice until at least one (1) Journeyworker is employed and thereafter may not employ more than one (1) Apprentice for every additional three (3) Journeyworkers.
Section 7. An Apprentice should, whenever practical, be rotated by the Employer through different types of work so as to become trained in a variety of operations and work skills. Where the Employer is unable to provide an Apprentice with experience in the full range of craft or trade skills, the JATC may request the Local Union to reassign the Apprentice to other employment in order to provide that experience. For so long as the Employer is able to provide the necessary range of employment experience, the Employer may choose to retain the Apprentice from job to job. Upon request the Employer will inform the JATC and Local Union of an Apprentice’s job reassignments on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every 5 hours of journeyperson work, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standardsa project.
4Section 8. “Apprenticeship craft or trade,” as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant or subcontractors or subconsultants employ journeypersons or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it An Apprentice shall not be entitled penalized for taking off from work to any additional compensation therefore from Universityattend offsite training (though time off for training is unpaid).
6Section 9. In Notwithstanding the event Consultant willfully fails provisions of Section 5, the Employer may call the Union for an individual by name, provided he or she is not then employed by another Employer. If available, the Union shall refer that individual.
Section 10. The Union agrees to comply with this Paragraph VI.D, it will be considered hold harmless and to indemnify any Employer in violation any claim arising out of the requirements Union’s referral rules/practices or the Union’s or JATC’s administration of the AgreementApprenticeship Program.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 2 contracts
APPRENTICES. 1. Only apprentices(a) In all matters, the Parties shall comply with the requirements of the Division of Apprenticeship Standards of the California Department of Industrial Relations and with the applicable State-approved Joint Apprenticeship Training Program (as set forth in the California Labor Code sections 1777.5 et seq.) standards and procedures, as defined they may be amended from time to time. All apprentices shall be indentured in state approved joint apprenticeship training programs.
(b) The Parties agree to work with CityBuild to identify apprentices and candidates for apprenticeship in the four categories identified in Section
8.1. The parties shall also utilize the services of CityBuild Academy to serve as a resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities, and other needs as identified by the parties.
(c) The Parties agree to work with such additional organizations as designated by the San Francisco Housing Authority, CityBuild, and/or the MOHCD to identify and develop candidates for apprenticeship and pre- apprenticeship from San Francisco public housing residents.
(d) Prior to performing work, contractors shall contact in writing their signatory Union(s), or the local hiring hall(s) from which they plan to or may request workers, to request all possible assistance from the Union(s) in fulfilling the hiring and employment requirements outlined in this Agreement.
(e) Each Contractor is encouraged to maximize the number of apprentices within each trade for the maximum number of hours allowable consistent with the regulations of the State of California Labor Code California, applicable Schedule A agreements, with the needs of safety and instruction, and with the needs of the Project. Employment of all apprentices shall be consistent with state law, applicable Schedule A agreements, and regulations governing Apprenticeship standards, the needs of safety and instruction, and the availability of appropriate work. In no event shall any Contractor employ apprentices for less than the minimum number of hours required by the State of California. Each Contractor shall submit an apprenticeship utilization plan at its pre-job meeting and shall submit weekly certified payrolls including identification of all registered apprentices to the City and County of San Francisco.
(f) To assist in fulfilling the requirements of Section 30778.1 of this Agreement, who are in training under if the Contractor hires apprentices, it shall follow the following procedure for its first apprentice and for additional alternating apprentices per subsection (g):
(1) If the apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, of the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunder. The employment and training particular apprenticeship program provide for sponsorship of each apprentice apprenticeship candidates directly to apprenticeship, the Contractor shall be in accordance with the provisions sponsor a candidate from one of the apprenticeship standards and written apprentice agreements under which four categories described in Section 8.1(b) to the apprentice is trainingappropriate apprenticeship.
(2. Every apprentice shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ workers in any apprenticeship craft or trade for the Covered Services hereunder, Consultant or subcontractors or subconsultants shall apply to the joint apprenticeship committee, which administers ) If the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization State of California for the performance particular apprenticeship program provide for sponsorship not directly to apprenticeship, but instead to pre-apprenticeship, the Contractor shall sponsor a candidate from one of construction, alteration, demolition or repair work as defined the four categories described in Section 1720 8.1(b) to the appropriate apprenticeship. The Contractor shall employ the apprentice after successful completion of the pre-apprenticeship for at least twice the period of the pre-apprenticeship, whether on the Project or on other work, unless the Contractor can demonstrate either that no further work is available or that there is cause to end the apprentice’s employment.
(3) If the apprenticeship standards of the State of California Labor Codefor the particular apprenticeship program do not provide for sponsorship to either apprenticeship or pre-apprenticeship, but for cyclical admission to apprenticeship, the Contractor shall request in writing that the Union commit to indenturing an apprentice from one of the four categories in Section 8.1(b) in its next admissions cycle, and the Union shall so commit in writing, if a certificate approving Consultant or subcontractors or subconsultants candidate qualified under the appropriate State-approved standards is available. The Contractor may then hire an apprentice by the procedures of Section 8.3(g). The Union shall provide notice to CityBuild when the next admissions cycle is announced.
(g) If the Contractor hires a second apprentice, or a first apprentice under the requirements of Section 8.3(f)(3), it shall request from the Union an indentured apprentice in the four categories described in Section 8.1(b), and the Union shall provide such apprentice, in the order of priority stated in Section 8.1(b), insofar as is consistent with apprenticeship standards for the employment and training of apprentices in the locality so identified. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons who shall be employed in the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every 5 hours of journeyperson work, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant or subcontractors or subconsultants employ journeypersons or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing with its compensation under the Agreement; but if Consultant fails to do so, it shall not be entitled to any additional compensation therefore from UniversitySchedule A agreement.
6. In the event Consultant willfully fails to comply with this Paragraph VI.D, it will be considered in violation (h) Hiring of the requirements of the Agreementadditional apprentices shall alternate as per Section 8.3(f) and Section 8.3(g).
7. (i) If an apprentice hired according to this Section resigns work or is separated for cause or non-qualification, Contractor shall replace such apprentice according to this Section.
(j) Nothing contained herein in this section shall be considered or interpreted as prohibiting or preventing the prohibit (consistent with Schedule A agreements and hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprenticeshall procedures) Contractors from hiring referrals from CityBuild.
Appears in 2 contracts
APPRENTICES. 1. 1.4.1 For purposes of this Section 1.4, the term Subcontractor shall not include Suppliers, manufacturers, and distributors.
1.4.2 Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, of the State of California Labor Code, are eligible to be employed by Consultant Contractor and subcontractors or subconsultants Subcontractors as apprentices for the Covered Services hereunderapprentices. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is training.
2. 1.4.3 Every apprentice shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only for at the Covered Services hereunder Work in the craft or trade to which the apprentice is indentured.
3. 1.4.4 When Consultant Contractor or subcontractors or subconsultants Subcontractors employ workers in any apprenticeship craft or trade for on the Covered Services hereunderWork, Consultant Contractor or subcontractors or subconsultants shall Subcontractors shall: (i) send contract award information to the applicable joint apprenticeship committee that can supply apprentices to the Site; and (ii) apply to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeSite, for a certificate approving Consultant Contractor or subcontractors or subconsultants Subcontractors under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea of the Site. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons who shall be employed in the craft or trade on the Covered Services hereunderWork. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 one
(1) hour of apprentice work for every 5 five (5) hours of journeyperson work, except as permitted by law. Consultant Contractor or subcontractors or subconsultants Subcontractors shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. 1.4.5 “Apprenticeship craft or trade,” as used in this ParagraphSection 1.4, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council.
5. 1.4.6 If Consultant Contractor or subcontractors or subconsultants Subcontractors employ journeypersons journeyworkers or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeSite, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified area of the Site are contributing, Consultant Contractor and subcontractors or subconsultants Subcontractors shall contribute to the fund or funds in each craft or trade in which they employ journeypersons journeyworkers or apprentices on the Covered Services hereunder Work in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant Contractor may include the amount of such contributions in computing its compensation under Bid for the AgreementContract; but if Consultant Contractor fails to do so, it shall not be entitled to any additional compensation therefore therefor from UniversitySMUD.
6. 1.4.7 In the event Consultant Contractor willfully fails to comply with this Paragraph VI.DSection 1.4, it will be considered in violation of the requirements of the AgreementContract.
7. 1.4.8 Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant Contractor or subcontractors or subconsultants Subcontractors of journeyperson journeyworker trainees who may receive on-the-job training to enable them to achieve journeyperson journeyworker status in any craft or trade under standards other than those set forth for apprentices.
Appears in 2 contracts
Sources: Base Agreement, Base Agreement – Project – Bid Based (Construction)
APPRENTICES. 1Apprentices of any crafts or trades may be employed and, when required by Labor Code section 1777.5, shall be employed provided they are properly indentured to the Contract in full compliance with provisions of the Labor Code. The prime contractor shall bear the responsibility of compliance with Labor Code section 1777.5 for all apprenticeable occupations and agrees that he will comply with said section which reads: “Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works. Every apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he is employed, and shall be employed only at the work of the craft or trade to which he is registered.” Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 44 (commencing with Section 3070), of Division 3, of the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunderon public works. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice he or she is training.
2. Every apprentice shall be paid When the standard wage contractor to apprenticeswhom the contract is awarded by the District, in performing any of the work under the regulations of the craft contract or trade at which the apprentice is employedsubcontract, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ employs workers in any apprenticeship apprenticeable craft or trade for trade, the Covered Services hereunder, Consultant or subcontractors or subconsultants contractor and subcontractor shall apply to the joint apprenticeship committee, which administers committee administering the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State site of California Labor Code, the public work for a certificate approving Consultant the contractor or subcontractors or subconsultants subcontractor under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea or industry affected. However, approval as established by the joint apprenticeship committee or committees shall be subject to approval of the Administrator of Apprenticeship. The joint apprenticeship committee will issue a certificate fixing or committees, subsequent to approving the subject contractor or subcontractor, shall arrange for the dispatch of apprentices to the contractor or subcontractor in order to comply with this section. Every contractor and subcontractor shall submit contact award information to the applicable joint apprenticeship committee which shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices to be employed, and the approximate date the apprentices will be employed. There shall be an affirmative duty upon the join apprenticeship committee or committees administering the apprenticeship standards of the craft or trade in the area of the site of the public work to ensure equal employment and affirmative action in apprenticeship for women and minorities. Contractors or subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The ratio of work performed by apprentices to journeypersons journeymen who shall be employed in the craft or trade on the Covered Services hereunder. The public work may be the ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but , but, except as otherwise provided in this section, in no case shall the ratio be less than 1 one hour of apprentice work for every 5 five hours of journeyperson worklabor performed by a journeyman. However, the minimum ratio for the land surveyor classification shall not be less than one apprentice for each five journeymen. Any ratio shall apply during any day or portion of a day when any journeyman, or the higher standard stipulated by the joint apprenticeship committee, is employed at the job site and shall be computed on the basis of the hours worked during the day by journeymen so employed, except for the land surveyor classification. The Contractor shall employ apprentices for the number of hours computed as permitted above before the end of the contract. However, the Contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the job site. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Division of Apprenticeship Standards, upon application of a joint apprenticeship committee, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. The Contractor or subcontractor, if he is covered by law. Consultant or subcontractors or subconsultants shallthis section, upon the issuance of the approval certificate certificate, or if he has been previously approved in each such the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeypersons fixed journeymen stipulated in the certificate issued apprenticeship standards. Upon proper showing by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant or subcontractors or subconsultants employ journeypersons or Contractor that he employs apprentices in any apprenticeship such craft or trade in the localitystate on all of his contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by a journeyman, if any, listed or in the written authorization land surveyor classification, one apprentice for each five journeymen, the performance Division of construction, alteration, demolition or repair work Apprenticeship Standards my grant a certificate exempting the Contractor from the 1-to-5 hourly ratio as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program set forth in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractorssection. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it This section shall not be entitled apply to contracts of general contractors or to contracts of specialty contractors not proposing work through a general or prime contractor, when the contracts of general contractors or those specialty contractors involve less than thirty thousand ($30,000) or 20 working days. This section shall not use any additional compensation therefore from Universitywork performed by a journeyman in excess of eight hours per day or 40 hours per week to calculate the hourly ratio.
6. In the event Consultant willfully fails to comply with this Paragraph VI.D, it will be considered in violation of the requirements of the Agreement.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 2 contracts
Sources: Public Works Contract, Public Works Contract for Services
APPRENTICES. 1A. Contractor acknowledges and agrees that, if this Contract involves a dollar amount greater than or a number of working days greater than that specified in Labor Code section 1777.5, then this Contract is governed by the provisions of Labor Code Section 1777.5. It shall be the responsibility of Contractor to ensure compliance with this Article and with Labor Code section 1777.5 for all apprenticeship occupations.
B. Apprentices of any crafts or trades may be employed and, when required by Labor Code section 1777.5, shall be employed provided they are properly registered in full compliance with the provisions of the Labor Code.
C. Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he/she is employed, and shall be employed only at the work of the craft or trade to which she/he is registered.
D. Only apprentices, as defined in section 3077 of the State of California Labor Code Section 3077Code, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4chapter 4 (commencing at section 3070), Division division 3, of the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunderemployed. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice he/she is training.
2. Every apprentice shall be paid the standard wage E. Pursuant to apprenticesLabor Code section 1777.5, under the regulations of the if that section applies to this Contract as indicated above, Contractor and any Subcontractors employing workers in any apprenticeable craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ workers in performing any apprenticeship craft or trade for the Covered Services hereunder, Consultant or subcontractors or subconsultants Work under this Contract shall apply to the applicable joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, committee for a certificate approving Consultant the Contractor or subcontractors or subconsultants Subcontractor under the applicable apprenticeship standards for the employment and training of apprentices in the locality so identified. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons who journeymen employed in performing the Work.
F. Pursuant to Labor Code section 1777.5, if that section applies to this Contract as indicated above, Contractor and any Subcontractor may be required to make contributions to the apprenticeship program.
G. If Contractor or Subcontractor willfully fails to comply with Labor Code section 1777.5, then, upon a determination of noncompliance by the Administrator of Apprenticeship, it shall: Be denied the right to bid or propose on any subsequent project for one (1) year from the date of such determination; and Forfeit as a penalty to the Court the full amount as stated in Labor Code section 1777.7. Interpretation and enforcement of these provisions shall be employed in accordance with the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every 5 hours of journeyperson work, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance rules and procedures of the approval certificate in each such craft or trade, employ California Apprenticeship Council and under the number authority of apprentices or the ratio Chief of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used H. Contractor and all Subcontractors shall comply with Labor Code section 1777.6, which section forbids certain discriminatory practices in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Councilemployment of apprentices.
5. If Consultant or subcontractors or subconsultants employ journeypersons or I. Contractor shall become fully acquainted with the law regarding apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 prior to commencement of the State Work. Special attention is directed to sections 1777.5, 1777.6, and 1777.7 of California the Labor Code, and there exists a fund for assisting to allay the cost title 8, California Code of the apprenticeship program in the trade or craftRegulations, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute section 200 et seq. Questions may be directed to the fund or funds in each craft or trade in which they employ journeypersons or apprentices State Division of Apprenticeship Standards, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇.
J. Contractor shall ensure compliance with all certification requirements for all workers on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do soProject including, it shall not be entitled to any additional compensation therefore from University.
6. In the event Consultant willfully fails to comply with this Paragraph VI.Dwithout limitation, it will be considered in violation of the requirements of the Agreement.
7for electrician certification in Labor Code sections 108 et seq. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.APPENDIX D DEFINED TERMS1
Appears in 2 contracts
APPRENTICES. 1All apprentices employed by Contractor to perform services under the contract shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he or she is employed, and shall be employed only at the work of the craft or trade to which he or she is registered. Only apprentices, as defined in the State of California Labor Code Section §3077, who are in training under apprenticeship standards and written apprentice apprenticeship agreements under Chapter 4, 4 (commencing with Section 3070) of Division 3, of the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunderunder this contract. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice apprenticeship agreements under which the apprentice he or she is training.
2. Every apprentice shall be paid When the standard wage Contractor to apprenticeswhom the contract is awarded by the District or any subcontractor under him or her, in performing any of the work under the regulations of the craft contract or trade at which the apprentice is employedsubcontract, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ employs workers in any apprenticeship craft or trade for trade, the Covered Services hereunder, Consultant or subcontractors or subconsultants Contractor and subcontractor shall apply to the joint apprenticeship committee, which administers Joint Apprenticeship Committee administering the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State site of California Labor Codethe public work, for a certificate approving Consultant the Contractor or subcontractors or subconsultants subcontractor under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea or industry affected. However, approval as established by the Joint Apprenticeship Committee or Committees shall be subject to the approval of the Administrator of Apprenticeship. The Joint Apprenticeship Committee or Committees, subsequent to approving the subject contractor or subcontractor, shall arrange for the dispatch of apprentices to the Contractor or subcontractor in order to comply with section 1777.5 of the Labor Code. Every Contractor and subcontractor shall submit contract award information to the applicable joint apprenticeship committee will issue a certificate fixing which shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices to be employed, and the approximate dates the apprentices will be employed. There shall be an affirmative duty upon the Joint Apprenticeship Committee or Committees, administering the apprenticeship standards of the craft or trade in the area of the site of the public work, to ensure equal employment and affirmative action in apprenticeship for women and minorities. Contractors or subcontractors shall not be required to submit individual applications for approval to local Joint Apprenticeship Committees provided they are already covered by the local apprenticeship standards. The ratio of work performed by apprentices to journeypersons journeymen, who shall be employed in the craft or trade on the Covered Services hereunder. The public work, may be the ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee Joint Apprenticeship Committee operates; , but in no case shall the ratio be less than 1 one hour of apprentice apprentices work for every 5 each five hours of journeyperson worklabor performed by a journeyman, except as permitted otherwise provided in section 1777.5 of the Labor Code. However, the minimum ratio for the land surveyor classification shall not be less than one apprentice for each five journeymen. Any ratio shall apply during any day or portion of a day when any journeyman, or the higher standard stipulated by lawthe joint apprenticeship committee, is employed at the job site and shall be computed on the basis of the hours worked during the day by journeymen so employed, except for the land surveyor classification. Consultant The contractor shall employ apprentices for the number of hours computed as above before the end of the contract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or subcontractors trade are employed at the job site. Where an hourly apprenticeship ratio is not feasible for a particular craft or subconsultants shalltrade, the Division of Apprenticeship Standards, upon application of a joint apprenticeship committee, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. The Contractor or subcontractor, if he or she is covered by this Article and Labor Code section 1777.5, upon the issuance of the approval certificate certificate, or if he or she has been previously approved in each such the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeypersons fixed journeymen stipulated in the certificate issued apprenticeship standards. Upon proper showing by the joint apprenticeship committee Contractor that he or present she employs apprentices in the craft or trade in the State on all of his or her contracts on an exemption certificate issued annual average of not less than one hour of apprentice work for every five hours of labor performed by a journeyman, or in the land surveyor classification, one apprentice for each five journeyman, the Division of Apprenticeship Standards.
4Standards may grant a certificate exempting the Contractor from the 1-to-5 hourly ratio as set forth in this Article and said section 1777.5. “Apprenticeship The section shall not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor, when the contracts of general contractors or those specialty contractors involve less than Thirty Thousand Dollars ($30,000.00) or twenty (20) working days. Any work performed by a journeyman in excess of eight (8) hours per day or 40 hours per week, shall not be used to calculate the hourly ratio required by section 1777.5. "Apprenticeable craft or trade,” " as used in section 1777.5 and this ParagraphArticle, shall mean means a craft or trade determined as an apprenticeship apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.. The Joint Apprenticeship Committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a contractor from the 1-to-5 ratio set forth in section 1777.5 and this Article when it finds that any one of the following conditions is met:
5(a) Unemployment for the previous three-month period in the area exceeds an average of 15 percent (15%). If Consultant or subcontractors or subconsultants employ journeypersons or The number of apprentices in any apprenticeship craft or trade training in the locality, if any, listed in the written authorization for the performance such area exceeds a ratio of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting 1 to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it shall not be entitled to any additional compensation therefore from University5.
6. In the event Consultant willfully fails to comply with this Paragraph VI.D, it will be considered in violation of the requirements of the Agreement.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
Sources: Construction Contract
APPRENTICES. 1Apprentices of any crafts or trades may be employed and, when required by Labor Code section 1777.5, shall be employed provided they are properly indentured to the Contract in full compliance with provisions of the Labor Code. The prime contractor shall bear the responsibility of compliance with Labor Code section 1777.5 for all apprenticeable occupations and agrees that he will comply with said section which reads: “Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works. Every apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he is employed, and shall be employed only at the work of the craft or trade to which he is registered.” Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 44 (commencing with Section 3070), of Division 3, of the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunderon public works. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice he or she is training.
2. Every apprentice shall be paid When the standard wage contractor to apprenticeswhom the contract is awarded by the District, in performing any of the work under the regulations of the craft contract or trade at which the apprentice is employedsubcontract, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ employs workers in any apprenticeship apprenticeable craft or trade for trade, the Covered Services hereunder, Consultant or subcontractors or subconsultants contractor and subcontractor shall apply to the joint apprenticeship committee, which administers committee administering the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State site of California Labor Code, the public work for a certificate approving Consultant the contractor or subcontractors or subconsultants subcontractor under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea or industry affected. However, approval as established by the joint apprenticeship committee or committees shall be subject to approval of the Administrator of Apprenticeship. The joint apprenticeship committee will issue a certificate fixing or committees, subsequent to approving the subject contractor or subcontractor, shall arrange for the dispatch of apprentices to the contractor or subcontractor in order to comply with this section. Every contractor and subcontractor shall submit contact award information to the applicable joint apprenticeship committee which shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices to be employed, and the approximate date the apprentices will be employed. There shall be an affirmative duty upon the join apprenticeship committee or committees administering the apprenticeship standards of the craft or trade in the area of the site of the public work to ensure equal employment and affirmative action in apprenticeship for women and minorities. Contractors or subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The ratio of work performed by apprentices to journeypersons journeymen who shall be employed in the craft or trade on the Covered Services hereunder. The public work may be the ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but , but, except as otherwise provided in this section, in no case shall the ratio be less than 1 one hour of apprentice work for every 5 five hours of journeyperson worklabor performed by a journeyman. However, the minimum ratio for the land surveyor classification shall not be less than one apprentice for each five journeymen. Any ratio shall apply during any day or portion of a day when any journeyman, or the higher standard stipulated by the joint apprenticeship committee, is employed at the job site and shall be computed on the basis of the hours worked during the day by journeymen so employed, except for the land surveyor classification. The Contractor shall employ apprentices for the number of hours computed as permitted above before the end of the contract. However, the Contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the job site. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Division of Apprenticeship Standards, upon application of a joint apprenticeship committee, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. The Contractor or subcontractor, if he is covered by law. Consultant or subcontractors or subconsultants shallthis section, upon the issuance of the approval certificate certificate, or if he has been previously approved in each such the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeypersons fixed journeymen stipulated in the certificate issued apprenticeship standards. Upon proper showing by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant or subcontractors or subconsultants employ journeypersons or Contractor that he employs apprentices in any apprenticeship such craft or trade in the localitystate on all of his contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by a journeyman, or in the land surveyor classification, one apprentice for each five journeymen, the Division of Apprenticeship Standards my grant a certificate exempting the Contractor from the 1-to-5 hourly ratio as set forth in the section. This section shall not apply to contracts of general contractors or to contracts of specialty contractors not proposing work through a general or prime contractor, when the contracts of general contractors or those specialty contractors involve less than thirty thousand ($30,000) or 20 working days. This section shall not use any work performed by a journeyman in excess of eight hours per day or 40 hours per week to calculate the hourly ratio.
c) If there is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis, or on a local basis. d) Assignment of an apprentice to any work performed under a public works contract would create a condition which would jeopardize his life, or the life, safety, or property of fellow employees or the public at large or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman. When exemptions are granted to an organization which represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, if anythey are already covered by the local apprenticeship standards. A contractor to whom the contract is awarded, listed or any subcontractor under him who, employs journeymen or apprentices in any apprenticeable craft or trade to perform work under the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, contract and there exists who is not contributing to a fund for assisting or funds to allay the cost of administer and conduct the apprenticeship program in any craft or trade in the trade or craftarea of the site of the public work, to which fund or funds other contractors in the locality so identified area of the site of the public work are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons he employs journeymen or apprentices on the Covered Services hereunder public work in the same amount or upon the same basis and in the same manner done by as the other contractorscontractors do. Consultant Where the trust fund administrators are unable to accept the fund, contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. This contractor or subcontractor may include add the amount of such the contributions in computing its compensation under his proposal for the Agreement; but if Consultant fails contract. The Division of Labor Standards Enforcement is authorized to do so, it enforce the payment of the contributions to the fund or funds as set forth in Labor Code Section 227. The District awarding the contract shall not cause to be entitled inserted in the contract stipulations to any additional compensation therefore from University.
6effectuate this section. In The stipulations shall fix the event Consultant willfully fails to comply responsibility of compliance with this Paragraph VI.D, it will be considered in violation section for all apprenticeable occupations with the prime contractor. All decisions of the requirements of the Agreementjoint apprenticeship committee under this section are subject to Labor Code Section 3081.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
Sources: Public Works Contract
APPRENTICES. 1. DB Entity and its subcontractors at every tier shall use a skilled and trained workforce to perform all work on the Project that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of the California Public Contract Code. All apprentices employed by DB Entity to perform services under these Contract Documents shall be paid the standard wage paid to apprentices under the regulation of the craft or trade at which that apprentice is employed, and shall be employed only at the work of the craft or trade in which that apprentice is registered. Only apprentices, as defined in the State of California Labor Code Section § 3077, who are in training under apprenticeship standards and written apprentice apprenticeship agreements under Chapter 44 (commencing at Section 3070), Division 3, 3 of the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunderunder these Construction Provisions. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice apprenticeship agreements under which the that apprentice is training.
2. Every apprentice shall be paid When DB Entity to whom the standard wage to apprenticeswork under these Construction Provisions is awarded by Owner or any Subcontractor under DB Entity, in performing any of the work under the regulations of the craft or trade at which the apprentice is employedContract Documents, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ employs workers in any apprenticeship apprenticeable craft or trade for the Covered Services hereundertrade, Consultant or subcontractors or subconsultants DB Entity and Subcontractor shall apply to the joint apprenticeship committee, which administers committee administering the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State Site of California Labor Codethe public work, for a certificate approving Consultant DB Entity or subcontractors or subconsultants Subcontractor under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea or industry affected. However, approval as established by the joint apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship. DB Entity or Subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The committee will issue a certificate fixing the number of apprentices or the ratio of work performed by apprentices to journeypersons journeymen, who shall be employed in the craft or trade on the Covered Services hereunder. The public work, may be the ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; , but in no case shall the ratio be less than 1 one hour of apprentice work for every 5 each five (5) hours of journeyperson worklabor performed by a journeyman, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance otherwise provided in Section 1777.5 of the approval certificate in Labor Code. However, the minimum ratio for the land surveyor classification shall not be less than one apprentice for each such five journeymen.
3. “Apprenticeable craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used in Labor Code § 1777.5 and this ParagraphArticle, shall mean means a craft or trade determined as an apprenticeship apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
54. If Consultant DB Entity, or subcontractors or subconsultants employ journeypersons any Subcontractor which, in performing any of the work under this contract, employs journeymen or apprentices in any apprenticeable craft or trade and which is not contributing to a fund or funds to administer and conduct the apprenticeship programming of any craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor Code, and there exists a fund for assisting to allay the cost Site of the apprenticeship program in the trade or craftpublic work, to which fund or funds other contractors DB Entitys in the locality so identified area of the Site of the public work are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons that DB Entity employs journeymen or apprentices on the Covered Services hereunder public work in the same amount or upon the same basis and in the same manner done by as other DB Entitys do, but where the other contractorstrust fund administrators are unable to accept the funds, DB Entitys not signatory to the trust agreement shall pay like amount to the California Apprenticeship Council. Consultant DB Entity or Subcontractor may include add the amount of such contributions in computing its compensation under their bid for the Agreement; but if Consultant fails contract. The Division of Labor Standards Enforcement is authorized to do so, it shall not be entitled enforce the payment of the contributions to any additional compensation therefore from Universitythe fund or funds as set forth in Labor Code § 227.
5. The responsibility of compliance with Labor Code § 1777.5 and this Article for all apprenticeable occupations is with DB Entity.
6. In the event Consultant willfully fails to comply with this Paragraph VI.D, it will be considered in violation The interpretation and enforcement of Sections 1777.5 and 1777.7 of the requirements Labor Code shall be in accordance with the rules and procedures of the AgreementCalifornia Apprenticeship Council.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
Sources: Design Build Agreement
APPRENTICES. 1Apprentices of any crafts or trades may be employed and, when required by Labor Code section 1777.5, shall be employed provided they are properly indentured to the Contract in full compliance with provisions of the Labor Code. The prime contractor shall bear the responsibility of compliance with Labor Code section 1777.5 for all apprenticeable occupations and agrees that he will comply with said section which reads: “Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works. Every apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he is employed, and shall be employed only at the work of the craft or trade to which he is registered.” Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 44 (commencing with Section 3070), of Division 3, of the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunderon public works. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice he or she is training.
2. Every apprentice shall be paid When the standard wage contractor to apprenticeswhom the contract is awarded by the District, in performing any of the work under the regulations of the craft contract or trade at which the apprentice is employedsubcontract, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ employs workers in any apprenticeship apprenticeable craft or trade for trade, the Covered Services hereunder, Consultant or subcontractors or subconsultants contractor and subcontractor shall apply to the joint apprenticeship committee, which administers committee administering the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State site of California Labor Code, the public work for a certificate approving Consultant the contractor or subcontractors or subconsultants subcontractor under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea or industry affected. However, approval as established by the joint apprenticeship committee or committees shall be subject to approval of the Administrator of Apprenticeship. The joint apprenticeship committee will issue a certificate fixing or committees, subsequent to approving the subject contractor or subcontractor, shall arrange for the dispatch of apprentices to the contractor or subcontractor in order to comply with this section. Every contractor and subcontractor shall submit contact award information to the applicable joint apprenticeship committee which shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices to be employed, and the approximate date the apprentices will be employed. There shall be an affirmative duty upon the join apprenticeship committee or committees administering the apprenticeship standards of the craft or trade in the area of the site of the public work to ensure equal employment and affirmative action in apprenticeship for women and minorities. Contractors or subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The ratio of work performed by apprentices to journeypersons journeymen who shall be employed in the craft or trade on the Covered Services hereunder. The public work may be the ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but , but, except as otherwise provided in this section, in no case shall the ratio be less than 1 one hour of apprentice work for every 5 five hours of journeyperson worklabor performed by a journeyman. However, the minimum ratio for the land surveyor classification shall not be less than one apprentice for each five journeymen. Any ratio shall apply during any day or portion of a day when any journeyman, or the higher standard stipulated by the joint apprenticeship committee, is employed at the job site and shall be computed on the basis of the hours worked during the day by journeymen so employed, except for the land surveyor classification. The Contractor shall employ apprentices for the number of hours computed as permitted above before the end of the contract. However, the Contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the job site. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Division of Apprenticeship Standards, upon application of a joint apprenticeship committee, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. The Contractor or subcontractor, if he is covered by law. Consultant or subcontractors or subconsultants shallthis section, upon the issuance of the approval certificate certificate, or if he has been previously approved in each such the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeypersons fixed journeymen stipulated in the certificate issued apprenticeship standards. Upon proper showing by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant or subcontractors or subconsultants employ journeypersons or Contractor that he employs apprentices in any apprenticeship such craft or trade in the localitystate on all of his contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by a journeyman, if any, listed or in the written authorization land surveyor classification, one apprentice for each five journeymen, the performance Division of construction, alteration, demolition or repair work Apprenticeship Standards my grant a certificate exempting the Contractor from the 1-to-5 hourly ratio as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program set forth in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractorssection. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it This section shall not be entitled apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor, when the contracts of general contractors or those specialty contractors involve less than thirty thousand ($30,000) or 20 working days. This section shall not use any additional compensation therefore from Universitywork performed by a journeyman in excess of eight hours per day or 40 hours per week to calculate the hourly ratio.
6. In the event Consultant willfully fails to comply with this Paragraph VI.D, it will be considered in violation of the requirements of the Agreement.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
Sources: Public Works Contract for Services
APPRENTICES. 1. 11.4.1 Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under un Chapter 4, Division 3, of the State of California Labor Code, are eligible to be employed by Consultant Design Professional and subcontractors or subconsultants consultants as apprentices for the Covered Services hereunder. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is training.
2. 11.4.2 Every apprentice shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. 11.4.3 When Consultant Design Professional or subcontractors or subconsultants consultants employ workers in any apprenticeship craft or trade for the Covered Services hereunder, Consultant Design Professional or subcontractors or subconsultants consultants shall apply to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeProject site, for a certificate approving Consultant Design Professional or subcontractors or subconsultants consultants under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea of the Project site. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons journeyworkers who shall be employed in the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every each 5 hours of journeyperson work, except as permitted by law. Consultant Design Professional or subcontractors or subconsultants consultants shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons journeyworkers fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. 11.4.4 “Apprenticeship craft or trade,” ”, as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant or subcontractors or subconsultants employ journeypersons or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it shall not be entitled to any additional compensation therefore from University.
6. In the event Consultant willfully fails to comply with this Paragraph VI.D, it will be considered in violation of the requirements of the Agreement.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
APPRENTICES. 1. A. Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, of the State of California Labor Code, are eligible to be employed by Consultant Design Professional and subcontractors or subconsultants consultants as apprentices for the Covered Services hereunder. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is trainingtraining and in accordance with prevailing wage law pursuant to the Labor Code, including but not limited to Section 1777.5. The Design Professional bears responsibility for compliance with this section for all apprenticeable occupations.
2. B. Every apprentice shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice is employed, employed and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. C. When Consultant Design Professional or subcontractors or subconsultants consultants employ workers in any apprenticeship craft or trade for the Covered Services hereunder, Consultant Design Professional or subcontractors or subconsultants consultants shall apply to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeProject site, for a certificate approving Consultant Design Professional or subcontractors or subconsultants consultants under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea of the Project site. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons journeyworkers who shall be employed in the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every each 5 hours of journeyperson work, except as permitted by law. Consultant Design Professional or subcontractors or subconsultants consultants shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons journeyworkers fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. D. “Apprenticeship craft or trade,” ”, as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. E. If Consultant Design Professional or subcontractors or subconsultants consultants employ journeypersons journeyworkers or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeProject site, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified area of the Project site are contributing, Consultant Design Professional and subcontractors or subconsultants consultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons journeyworkers or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant Design Professional may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant Design Professional fails to do so, it shall not be entitled to any additional compensation therefore from University.
6. F. In the event Consultant Design Professional willfully fails to comply with this Paragraph VI.DSection E1.3, it will be considered in violation of the requirements of the Agreement.
7. G. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant Design Professional or subcontractors or subconsultants consultants of journeyperson journeyworker trainees who may receive on-the-job training to enable them to achieve journeyperson journeyworker status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
APPRENTICES. 1Apprentices shall be employed in accordance with the relevant provisions of the Apprenticeship and Traineeship Act 2001 and this Agreement. Only The following provisions shall apply in respect of apprentices, provided the allowances prescribed do not apply to adult apprentices where adult apprentices are paid in excess of the apprenticeship wage rates specified in this Agreement:
(a) The period of apprenticeship for persons entering the trade of bread manufacturing shall be as defined set out in their Deed of Indenture. The nominal term being four (4) years.
(b) An apprentice who gains a pass at the Stage 1 Examination of the trade or correspondence course shall be paid a margin as set out in Appendix 2 – Table 1 (Item 1) in addition to the Agreement rate prescribed in this Agreement for the remainder of their term of apprenticeship commencing from the first pay period in the State calendar year following the examination.
(c) An apprentice who successfully completes their full course in the bread manufacturing trade or correspondence course of California Labor Code Section 3077technical training shall be paid a margin as set out in Appendix 2 – Table 1 (Item 2) in addition to the margin prescribed by sub clause (b), and in addition to the Agreement rate prescribed within this Agreement for the remainder of their term of apprenticeship commencing for the first pay period in the calendar year following the examination.
(d) An apprentice who are in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, passes at all stages of the State trade course in the period normally required for its completion and whose workshop performance is satisfactory shall, during the last six (6) months of California Labor Codeapprenticeship or the balance of apprenticeship whichever is the less, be paid at the rate, including shift penalty rates, prescribed for a tradesperson under this Agreement.
(e) An apprentice, whose place of work and of residence are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices so situated that it is reasonably practicable for the Covered Services hereunder. apprentice to attend a college which conducts the trade course, shall attend such college for study in the trade course for the period necessary for him or her to qualify in the course and shall repeat any stage or any subject in a stage of the course which he/she has failed to complete satisfactorily; provided that an apprentice who, due to circumstances beyond his/her control, fails in any subject of the course, may continue with the course beyond the normal duration of the course if reports from the college show that satisfactory progress is being made; and provided further that an apprentice who fails in any stage of the course may progress to the next stage of the course if permitted to do so by the college under an arrangement approved by the Department of Technical and Further Education.
(f) The employment and training college fees for instruction of each apprentice shall be paid by the employer for each year of the trade course or correspondence course.
(g) An apprentice who is given time off during ordinary working hours for the purpose of attending at a college for instruction and fails to attend shall not be paid for such time off without acceptable reason.
(h) An employer shall reimburse an apprentice all fares reasonably incurred in attending the college
(i) An employer shall co-operate with the technical college in the training of an apprentice in the manner recommended by the technical college
(j) An apprentice who is not obliged to attend the trade course in accordance with sub clause (d) of this clause shall study the provisions trade course by correspondence, as conducted by the College of External Studies of the apprenticeship standards Department of Technical and written apprentice agreements under which Further Education. For the purpose of taking full advantage of the instruction by correspondence, the apprentice is training.
2. Every apprentice to whom this subclause shall be paid the standard wage to apprenticesapply, under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ workers in any apprenticeship craft or trade for the Covered Services hereunder, Consultant or subcontractors or subconsultants shall apply to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, for a certificate approving Consultant or subcontractors or subconsultants under the apprenticeship standards for the employment and training of apprentices in the locality so identified. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons who shall be employed in the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every 5 hours of journeyperson work, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used in this Paragraphduring ordinary working hours, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant or subcontractors or subconsultants employ journeypersons or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization study to carry out assignments of this course for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it shall not be entitled to any additional compensation therefore from University.
6. In the event Consultant willfully fails to comply with this Paragraph VI.D, it will be considered in violation of the requirements of the Agreement.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.two
Appears in 1 contract
Sources: Enterprise Agreement
APPRENTICES. 1. Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, of the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunder. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is trainingtraining and in accordance with prevailing wage law pursuant to the Labor Code, including but not limited to Section 1777.5. The Consultant bears responsibility for compliance with this section for all apprenticeable occupations.
2. Every apprentice shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.. SAMPLE
3. When Consultant or subcontractors or subconsultants employ workers in any apprenticeship craft or trade for the Covered Services hereunder, Consultant or subcontractors or subconsultants shall apply to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, for a certificate approving Consultant or subcontractors or subconsultants under the apprenticeship standards for the employment and training of apprentices in the locality so identified. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons who shall be employed in the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every 5 hours of journeyperson work, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant or subcontractors or subconsultants employ journeypersons or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it shall not be entitled to any additional compensation therefore from University.
6. In the event Consultant willfully fails to comply with this Paragraph VI.D, it will be considered in violation of the requirements of the Agreement.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-the- job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
Sources: Request for Qualifications
APPRENTICES. 1(i) Consultant acknowledges and agrees that, if this Agreement involves a dollar amount greater than or a number of working days greater than that specified in Labor Code section 1777.5, then this Agreement is governed by the provisions of Labor Code Section 1777.5. It shall be the responsibility of Consultant to ensure compliance with this Article and with Labor Code section 1777.5 for all apprenticeship occupations.
(ii) Apprentices of any crafts or trades may be employed and, when required by Labor Code section 1777.5, shall be employed provided they are properly registered in full compliance with the provisions of the Labor Code.
(iii) Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which they are employed, and shall be employed only at the work of the craft or trade to which they are registered.
(iv) Only apprentices, as defined in section 3077 of the State of California Labor Code Section 3077Code, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4chapter 4 (commencing at section 3070), Division division 3, of the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunderemployed. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is they are training.
2. Every apprentice shall be paid the standard wage (v) Pursuant to apprenticesLabor Code section 1777.5, under the regulations of the if that section applies to this Agreement as indicated above, Consultant and any subcontractors employing workers in any apprenticeable craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ workers in performing any apprenticeship craft or trade for the Covered Services hereunder, Consultant or subcontractors or subconsultants work under this Agreement shall apply to the applicable joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, committee for a certificate approving the Consultant or subcontractors or subconsultants subcontractor under the applicable apprenticeship standards for the employment and training of apprentices in the locality so identified. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons who journeymen employed in performing the work.
(vi) Pursuant to Labor Code section 1777.5, if that section applies to this Agreement as indicated above, Consultant and any subcontractor may be required to make contributions to the apprenticeship program.
(vii) If Consultant or subcontractor willfully fails to comply with Labor Code section 1777.5, then, upon a determination of noncompliance by the Administrator of Apprenticeship, it shall:
a. Be denied the right to bid or propose on any subsequent project for one
(1) year from the date of such determination; and
b. Forfeit as a penalty to the County the full amount as stated in Labor Code section 1777.7. Interpretation and enforcement of these provisions shall be employed in accordance with the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every 5 hours of journeyperson work, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance rules and procedures of the approval certificate in each such craft or trade, employ California Apprenticeship Council and under the number authority of apprentices or the ratio Chief of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used (viii) Consultant and all subcontractors shall comply with Labor Code section 1777.6, which section forbids certain discriminatory practices in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Councilemployment of apprentices.
5. If (ix) Consultant or subcontractors or subconsultants employ journeypersons or shall become fully acquainted with the law regarding apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 prior to commencement of the State Work. Special attention is directed to sections 1777.5, 1777.6, and 1777.7 of California the Labor Code, and there exists a fund for assisting to allay the cost title 8, California Code of the apprenticeship program in the trade or craftRegulations, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute section 200 et seq. Questions may be directed to the fund or funds in each craft or trade in which they employ journeypersons or apprentices State Division of Apprenticeship Standards, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇.
(x) Consultant shall ensure compliance with all certification requirements for all workers on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do soProject including, it shall not be entitled to any additional compensation therefore from University.
6. In the event Consultant willfully fails to comply with this Paragraph VI.Dwithout limitation, it will be considered in violation of the requirements of the Agreementfor electrician certification in Labor Code sections 108 et seq.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
Sources: Consultant Services Agreement
APPRENTICES. 1. 14.5.1 For purposes of this Section 14.5, the term Subcontractor shall not include suppliers, manufacturers, and distributors.
14.5.2 Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, of the State of California Labor Code, are eligible to be employed by Consultant Contractor and subcontractors or subconsultants Subcontractors as apprentices for the Covered Services hereunderapprentices. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is training.
2. 14.5.3 Every apprentice shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only for at the Covered Services hereunder Construction Work in the craft or trade to which the apprentice is indentured.
3. 14.5.4 When Consultant Contractor or subcontractors or subconsultants Subcontractors employ workers in any apprenticeship craft or trade for on the Covered Services hereunderConstruction Work, Consultant Contractor or subcontractors or subconsultants Subcontractors shall 1) send contract award information to the applicable joint apprenticeship committee that can supply apprentices to the site of the public work and 2) apply to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeProject site, for a certificate approving Consultant Contractor or subcontractors or subconsultants Subcontractors under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea of the Project site. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons who shall be employed in the craft or trade on the Covered Services hereunderConstruction Work. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 than1 hour of apprentice work for every 5 hours of journeyperson work, except as permitted by law. Consultant Contractor or subcontractors or subconsultants Subcontractors shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons journeyworkers fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. 14.5.5 “Apprenticeship craft or trade,” as used in this ParagraphSection 14.5, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. 14.5.6 If Consultant Contractor or subcontractors or subconsultants Subcontractors employ journeypersons journeyworkers or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeProject site, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified area of the Project site are contributing, Consultant Contractor and subcontractors or subconsultants Subcontractors shall contribute to the fund or funds in each craft or trade in which they employ journeypersons journeyworkers or apprentices on the Covered Services hereunder Construction Work in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant Contractor may include the amount of such contributions in computing its compensation under proposal for the AgreementContract; but if Consultant Contractor fails to do so, it shall not be entitled to any additional compensation therefore from UniversityCounty.
6. 14.5.7 In the event Consultant Contractor willfully fails to comply with this Paragraph VI.DSection 14.5, it will be considered in violation of the requirements of the AgreementContract.
7. 14.5.8 Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant Contractor or subcontractors or subconsultants Subcontractors of journeyperson journeyworker trainees who may receive on-the-job training to enable them to achieve journeyperson journeyworker status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
APPRENTICES. 1. 7.1 Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, of the State of California Labor Code, are eligible to be employed by Consultant Contractor and subcontractors or subconsultants Subcontractors as apprentices for the Covered Services hereunderapprentices. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is training.
2. 7.2 Every apprentice shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only for at the Covered Services hereunder Work in the craft or trade to which the apprentice is indentured.
3. 7.3 When Consultant Contractor or subcontractors or subconsultants Subcontractors employ workers in any apprenticeship craft or trade for on the Covered Services hereunderWork, Consultant Contractor or subcontractors or subconsultants Subcontractors shall 1) send contract award information to the applicable joint apprenticeship committee that can supply apprentices to the site of the public work and 2) apply to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeProject site, for a certificate approving Consultant Contractor or subcontractors or subconsultants Subcontractors under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea of the Project site. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons who shall be employed in the craft or trade on the Covered Services hereunderWork. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every 5 hours of journeyperson work, except as permitted by law. Consultant Contractor or subcontractors or subconsultants Subcontractors shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. 7.4 “Apprenticeship craft or trade,” as used in this Paragraph, Article 7 shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. 7.5 If Consultant Contractor or subcontractors or subconsultants Subcontractors employ journeypersons journeyworkers or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeProject site, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified area of the Project site are contributing, Consultant Contractor and subcontractors or subconsultants Subcontractors shall contribute to the fund or funds in each craft or trade in which they employ journeypersons journeyworkers or apprentices on the Covered Services hereunder Work in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant Contractor may include the amount of such contributions in computing its compensation under bid for the AgreementContract; but if Consultant Contractor fails to do so, it shall not be entitled to any additional compensation therefore therefor from UniversityAOC.
6. 7.6 In the event Consultant Contractor willfully fails to comply with this Paragraph VI.DArticle 14.4, it will be considered in violation of the requirements of the AgreementContract.
7. 7.7 Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant Contractor or subcontractors or subconsultants Subcontractors of journeyperson journeyworker trainees who may receive on-the-job training to enable them to achieve journeyperson journeyworker status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
Sources: Standard Agreement
APPRENTICES. 1. Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, of the State of California Labor Code, are eligible to be employed by Consultant Contractor and subcontractors or subconsultants Subcontractors as apprentices for the Covered Services hereunderapprentices. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is training.
2. Every apprentice shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only for at the Covered Services hereunder Work in the craft or trade to which the apprentice is indentured.
3. When Consultant Contractor or subcontractors or subconsultants Subcontractors employ workers in any apprenticeship craft or trade for on the Covered Services hereunderWork, Consultant Contractor or subcontractors or subconsultants Subcontractors shall 1) send contract award information to the applicable joint apprenticeship committee that can supply apprentices to the site of the public work and 2) apply to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeProject site, for a certificate approving Consultant Contractor or subcontractors or subconsultants Subcontractors under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea of the Project site. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons who shall be employed in the craft or trade on the Covered Services hereunderWork. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every 5 hours of journeyperson work, except as permitted by law. Consultant Contractor or subcontractors or subconsultants Subcontractors shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used in this Paragraph, Article 7 shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant Contractor or subcontractors or subconsultants Subcontractors employ journeypersons journeyworkers or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeProject site, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified area of the Project site are contributing, Consultant Contractor and subcontractors or subconsultants Subcontractors shall contribute to the fund or funds in each craft or trade in which they employ journeypersons journeyworkers or apprentices on the Covered Services hereunder Work in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant Contractor may include the amount of such contributions in computing its compensation under bid for the AgreementContract; but if Consultant Contractor fails to do so, it shall not be entitled to any additional compensation therefore therefor from University.
6AOC. In the event Consultant Contractor willfully fails to comply with this Paragraph VI.DArticle 14.4, it will be considered in violation of the requirements of the Agreement.
7Contract. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant Contractor or subcontractors or subconsultants Subcontractors of journeyperson journeyworker trainees who may receive on-the-job training to enable them to achieve journeyperson journeyworker status in any craft or trade under standards other than those set forth for apprentices. SUBCONTRACTORS: Contractor shall provide to AOC, prior to commencement of the Work, a list of all Subcontractors proposed to be used to perform the Work. Subcontractors, if any, engaged by the Contractor for any work required for the Project shall be subject to the written approval of the Project Manager. Contractor agrees to bind every subcontractor by the terms of the Contract as far as such terms are applicable to subcontractor’s work, including, without limitation, all indemnification, insurance, bond, and warranty requirements. If Contractor subcontracts any part of the Work authorized in an executed Task Order, the Contractor shall be fully responsible to the AOC for acts and omissions of its subcontractor and of persons either directly or indirectly employed by itself. Nothing contained in the Contract Documents shall create any contractual relations between any subcontractor and the AOC.
Appears in 1 contract
Sources: Standard Agreement
APPRENTICES. 115.1 The parties recognize the need to maintain continuing support of programs designed to develop adequate numbers of competent workers in the construction industry, and the obligation to capitalize on the availability of the local workforce within the community served by the College of Marin, and to recruit and encourage the participation of College of Marin students and graduates and residents of the County of Marin in the construction industry. Only apprenticesTo these ends, as defined the parties will support the construction training courses, programs, pre-apprenticeship and joint apprenticeship programs in which they participate and which are certified by the State of California Labor Code Section 3077California, and will facilitate and encourage College of Marin students and graduates and residents of Marin County to commence and progress in such apprenticeship programs. The parties acknowledge and agree that North Bay Trades Introduction Program is the approved pre-apprentice program for this project work.
15.2 Each contractor or subcontractor performing work covered by this Agreement shall employ on its regular workforce at least one (1) eligible College of Marin student or graduate who are is enrolled and participating in an approved construction training under course, program, pre-apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, and/or Joint Apprenticeship Program serving the local residence area as soon as such contractor or subcontractor has the minimum number of employees as is established by the Department of Apprenticeship Standards regulations for the employment of apprentices. Such Apprenticeship Program must have been approved by the State of California Labor CodeCalifornia, are eligible Division of Apprenticeship Standards and shall have graduated at least an average of ten (10) apprentices annually for at least the past five (5) years. This requirement applies to any craft for which the State of California, Division of Apprenticeship Standards, has approved an Apprenticeship Program. A properly indentured apprentice must be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunder. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is training.
2. Every apprentice shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice he or she is employed, indentured and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ workers in any apprenticeship craft or trade for the Covered Services hereunder, Consultant or subcontractors or subconsultants shall apply to the joint apprenticeship committee, which administers the apprenticeship standards work of the craft or trade in which he or she is registered. If an apprentice is not available for referral to a Contractor when such Contractor is required to employ an apprentice pursuant to this subsection, the locality, if any, listed Contractor shall maintain an open request for such referral as long as its obligations to employ the apprentice exists. The requirement of this subsection does not relieve the Contractor and signatory Unions of the obligations contained in the written authorization remainder of this Article.
15.3 The Unions agree to cooperate with the Contractor in furnishing apprentices as requested up to the maximum percentage permitted by the Schedule A or applicable Joint Apprenticeship Committee. The apprentice ratio for each craft shall be in compliance, at a minimum, with the performance of construction, alteration, demolition or repair work as defined in Section 1720 applicable provision(s) of the State Labor Code relating to utilization of California apprentices. To encourage the training and utilization of apprentices, the College District shall encourage all contractors to employ apprentices when work is available for which they are qualified.
15.4 In recognition of the College of Marin’s desire to have District-trained students employed on its Project(s), a subcommittee of the Labor Code, for a certificate approving Consultant or subcontractors or subconsultants under the apprenticeship standards for the employment and training of apprentices in the locality so identified. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices Management Committee established pursuant to journeypersons who Article 8 shall be employed in established, jointly chaired by a designee of the craft or trade on District and a designee of the Covered Services hereunder. The ratio will not exceed that stipulated Council, to work with representatives of each signatory craft’s apprenticeship committee and of the College of Marin to establish appropriate criteria and procedures for recognition by the Joint Apprenticeship Committees of the education and work experience possessed by students and/or graduates of the College of Marin toward qualifying for advanced levels in the apprenticeship standards programs under which the joint apprenticeship direction of such Joint Apprenticeship Committees. Further, the sub-committee operates; but in no case shall work to expand construction training courses, programs, pre-apprenticeship, and Joint Apprenticeship programs for College of Marin-related individuals and for residents of Marin County, and to develop procedures providing preference for graduates of such programs into the ratio be less than 1 hour of apprentice work for every 5 hours of journeyperson work, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance Joint Apprenticeship programs of the approval certificate in each such craft or trade, employ signatory Unions.
15.5 The signatory Unions recognize the number importance to the College of apprentices or Marin Board of Trustees of providing College of Marin students and graduates with the ratio of apprentices opportunity to journeypersons fixed participate both in the certificate issued Signatory Union’s Apprenticeship Programs and the opportunity to work on the Project(s) under this Agreement, and will cooperate fully in encouraging the establishment of such recognition by the joint apprenticeship committee or present an exemption certificate issued by the Division of Joint Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant or subcontractors or subconsultants employ journeypersons or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade Committees in which they employ journeypersons or apprentices on participate. The subcommittee shall meet as necessary, at the Covered Services hereunder in call of the same amount or upon Joint Chairs, to expeditiously facilitate the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it shall not be entitled to any additional compensation therefore from Universitygoals detailed above as soon as this Agreement becomes effective.
615.6 The College District Representative or designee shall prepare quarterly reports on apprentice utilization and the training and employment of College of Marin students and graduates, and local residents for the Board of Trustees’ review. In The sub-committee may review such reports and make any recommendation for improvement, if necessary, including increasing the event Consultant willfully fails to comply availability of skilled Trades, and the employment of local residents, at-risk or disadvantaged individuals or other individuals who should be assisted with this Paragraph VI.D, it will be considered in violation of the requirements of the Agreementappropriate training for qualification for entry into apprenticeship programs.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
Sources: Project Stabilization Agreement
APPRENTICES. 1. Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, of the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunder. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is training.
2. Every apprentice shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ workers in any apprenticeship craft or trade for the Covered Services hereunder, Consultant or subcontractors or subconsultants shall apply to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, for a certificate approving Consultant or subcontractors or subconsultants under the apprenticeship standards for the employment and training of apprentices in the locality so identified. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons journeyworkers who shall be employed in the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of one apprentice work for every 5 hours of journeyperson workeach five journeyworkers, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons journeyworkers fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. “Apprenticeship craft or trade,” , as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant or subcontractors or subconsultants employ journeypersons journeyworkers or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons journeyworkers or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it shall not be entitled to any additional compensation therefore from University.
6. In the event Consultant willfully fails to comply with this Paragraph VI.D, it will be considered in violation of the requirements of the Agreement.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson journeyworker trainees who may receive on-the-job training to enable them to achieve journeyperson journeyworker status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
Sources: Professional Services
APPRENTICES. 1a. All apprentices employed by Provider to perform services under these Construction Provisions shall be paid the standard wage paid to apprentices under the regulation of the craft or trade at which that apprentice is employed, and shall be employed only at the work of the craft or trade in which that apprentice is registered. Only apprentices, as defined in the State of California Labor Code Section § 3077, who are in training under apprenticeship standards and written apprentice apprenticeship agreements under Chapter 44 (commencing at Section 3070), Division 3, 3 of the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunderunder these Construction Provisions. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice apprenticeship agreements under which the that apprentice is training.
2. Every apprentice shall be paid b. When Provider to whom the standard wage to apprenticeswork under these Construction Provisions is awarded by the District or any Subcontractor under Provider, in performing any of the work under the regulations of the craft or trade at which the apprentice is employedConstruction Provisions, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ employs workers in any apprenticeship apprenticeable craft or trade for the Covered Services hereundertrade, Consultant or subcontractors or subconsultants Provider and Subcontractor shall apply to the joint apprenticeship committee, which administers committee administering the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State Site of California Labor Codethe public work, for a certificate approving Consultant Provider or subcontractors or subconsultants Subcontractor under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea or industry affected. However, approval as established by the joint apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship. Provider or Subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The committee will issue a certificate fixing the number of apprentices or the ratio of work performed by apprentices to journeypersons journeymen, who shall be employed in the craft or trade on the Covered Services hereunder. The public work, may be the ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; , but in no case shall the ratio be less than 1 one hour of apprentice work for every 5 each five (5) hours of journeyperson worklabor performed by a journeyman, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance otherwise provided in Section 1777.5 of the approval certificate in Labor Code. However, the minimum ratio for the land surveyor classification shall not be less than one apprentice for each such five journeymen.
c. “Apprenticeable craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used in Labor Code § 1777.5 and this ParagraphArticle, shall mean means a craft or trade determined as an apprenticeship apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant d. Provider, or subcontractors or subconsultants employ journeypersons any Subcontractor which, in performing any of the work under this contract, employs journeymen or apprentices in any apprenticeable craft or trade and which is not contributing to a fund or funds to administer and conduct the apprenticeship programming of any craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor Code, and there exists a fund for assisting to allay the cost Site of the apprenticeship program in the trade or craftpublic work, to which fund or funds other contractors Providers in the locality so identified area of the Site of the public work are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons that Provider employs journeymen or apprentices on the Covered Services hereunder public work in the same amount or upon the same basis and in the same manner done by as other Providers do, but where the other contractorstrust fund administrators are unable to accept the funds, Providers not signatory to the trust agreement shall pay like amount to the California Apprenticeship Council. Consultant Provider or Subcontractor may include add the amount of such contributions in computing its compensation under their bid for the Agreement; but if Consultant fails contract. The Division of Labor Standards Enforcement is authorized to do so, it shall not be entitled enforce the payment of the contributions to any additional compensation therefore from Universitythe fund or funds as set forth in Labor Code § 227.
6. In the event Consultant willfully fails to comply e. The responsibility of compliance with Labor Code § 1777.5 and this Paragraph VI.D, it will be considered in violation Article for all apprenticeable occupations is with Provider.
f. The interpretation and enforcement of Sections 1777.5 and 1777.7 of the requirements Labor Code shall be in accordance with the rules and procedures of the AgreementCalifornia Apprenticeship Council.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
Sources: Power Purchase Agreement
APPRENTICES. 1. 11.4.1 Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, of the State of California Labor Code, are eligible to be employed by Consultant Design Professional and subcontractors or subconsultants consultants as apprentices for the Covered Services hereunder. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is training.
2. 11.4.2 Every apprentice shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. 11.4.3 When Consultant Design Professional or subcontractors or subconsultants consultants employ workers in any apprenticeship craft or trade for the Covered Services hereunder, Consultant Design Professional or subcontractors or subconsultants consultants shall apply to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeProject site, for a certificate approving Consultant Design Professional or subcontractors or subconsultants consultants under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea of the Project site. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons journeyworkers who shall be employed in the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every 5 hours of journeyperson work, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.standards
4. 11.4.4 “Apprenticeship craft or trade,” ”, as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. 11.4.5 If Consultant Design Professional or subcontractors or subconsultants consultants employ journeypersons journeyworkers or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeProject site, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified area of the Project site are contributing, Consultant Design Professional and subcontractors or subconsultants consultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons journeyworkers or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant Design Professional may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant Design Professional fails to do so, it shall not be entitled to any additional compensation therefore from University.
6. 11.4.6 In the event Consultant Design Professional willfully fails to comply with this Paragraph VI.D11.4, it will be considered in violation of the requirements of the Agreement.
7. 11.4.7 Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant Design Professional or subcontractors or subconsultants consultants of journeyperson journeyworker trainees who may receive on-the-job training to enable them to achieve journeyperson journeyworker status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
APPRENTICES. (a) It is agreed that for the first two (2) journeymen, one (1. Only apprentices) apprentice, as defined in the State and one (1) additional apprentice for each five (5) journeymen thereafter, may be employed.
(b) A Joint Apprenticeship Committee composed of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, an equal number of representatives of the State Union and Employer shall be selected by the parties of California Labor Code, are eligible to this agreement. All provisions of this agreement affecting apprentices shall be employed by Consultant under the jurisdiction of this committee which shall have control of and subcontractors or subconsultants as apprentices be responsible for the Covered Services hereunder. The employment and training selection of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is training.
2. Every apprentice shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice is employed, apprentices and shall be employed only for vested with full power and authority to enforce all conditions outlined herein. Should the Covered Services hereunder committee fail to agree on any question the matter shall be submitted to an arbitrator as provided in the craft Joint Standing Committee section hereof whose decision shall be final and binding.
(c) Apprentices shall be registered by the secretary of the Union and shall serve an apprenticeship of four years (except as otherwise provided by Union laws or trade collective agreement) before being admitted to which journeyman membership in the Union. The advancement in training and wage rates of any apprentice may be accelerated by the Joint Apprenticeship Committee according to the progress made by the apprentice, and the terms of his/her apprenticeship may be shortened to the extent of such accelerated advancement.
(d) Within 60 days the ▇▇▇▇▇▇▇ and the apprenticeship committee must recommend the apprentice is indenturedfor membership in the Union or terminate his/her apprenticeship. If they recommend him /her for apprentice membership he/she must be admitted into the Union as an apprentice member. Apprentices shall be enrolled in and complete the Union Course of Lessons in Printing (if required) before being admitted as journeyman members of the Union.
3(e) The Joint Apprenticeship Committee shall establish a training program for apprentices. When Consultant This training program shall include thorough training under journeymen on all work within the jurisdiction of the Union. Technician apprentices must be trained on all phases of maintenance and repair of Creative Services Department equipment under the direction of a journeyman technician. The Joint Apprenticeship Committee shall have authority to vary training programs to meet the problems arising because of varying equipment and shall have authority to direct temporary transfers of apprentices from one shop to another to accomplish as much all round training as may be suited to the capacity of the apprentice.
(f) Should an apprentice be careless and neglectful of his/her duties required by those in control of his/her trade training, his/her case shall be referred to the Joint Apprenticeship Committee for examination and action.
(g) Apprentices shall undergo periodic reviews before the Joint Apprenticeship Committee. Their work must show if they are entitled to the increased wage scale provided in this contract. The Employer or subcontractors or subconsultants employ workers his/her representative has the right to be present and take part in any apprenticeship craft or trade for and all reviews.
(h) Chapel chairs of the Covered Services hereunder, Consultant or subcontractors or subconsultants shall apply offices where registered apprentices are employed are required to make quarterly reports to the joint apprenticeship committee, which administers local committee on apprentices. These reports must show if the apprenticeship standards agreed conditions are being fulfilled by all parties to this Agreement: whether apprentices are being held back or if they are advanced in the different processes of the craft trade, and where apprentices are negligent or trade incapable of becoming competent tradespersons such fact must be set forth in the locality, if any, listed in report.
(i) The Joint Apprenticeship Committee shall be the written authorization for the performance judge of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, for a certificate approving Consultant or subcontractors or subconsultants under the apprenticeship standards an Employer's ability to properly qualify for the employment of an apprentice.
(j) No apprentice shall leave one Company and training enter the services of apprentices in another Company without the locality so identified. The committee will issue a certificate fixing written consent of the number of apprentices or the ratio of apprentices to journeypersons who Joint Apprenticeship Committee.
(k) Apprentices shall be employed in the craft or trade on the Covered Services hereunder. The ratio will receive not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour the following rates of apprentice work for every 5 hours of journeyperson work, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant or subcontractors or subconsultants employ journeypersons or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it shall not be entitled to any additional compensation therefore from University.
6. In the event Consultant willfully fails to comply with this Paragraph VI.D, it will be considered in violation of the requirements of the Agreement.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.wages:
Appears in 1 contract
Sources: Collective Agreement
APPRENTICES. (1. Only apprentices, as defined ) The Parties recognize the need to maintain continuing support of the programs designed to develop adequate numbers of competent workers in the State of California Labor Code Section 3077construction industry, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, the obligation to capitalize on the availability of the State of California Labor CodeCity’s local work force, are eligible and the opportunities to be employed provide continuing work for Projects covered by Consultant this Agreement. To these ends, the Parties shall facilitate, encourage, and subcontractors assist Local Residents and/or Transitional Workers to commence and progress in Labor/Management apprenticeship and/or training programs in the construction industry leading to participation in such apprenticeship programs. The City, Jobs Coordinator, Work Source Centers, other non-profit entities, organizations and the Unions, will work cooperatively to identify, or subconsultants as apprentices establish and maintain effective programs and procedures for persons interested in entering the construction industry and which will help prepare them for the Covered Services hereunderformal joint Labor/Management apprenticeship programs maintained by the signatory unions.
(2) Unions shall track retention of Apprentices hired through this program for so long as those Apprentices participate in a joint labor/management apprenticeship program. The employment and training DPW shall provide a list of each apprentice shall be in accordance with all Apprentices who have worked on City of Los Angeles PLA projects to the provisions apprenticeship coordinators of the apprenticeship standards signatory unions on a quarterly basis. In turn, the signatory unions shall collect and written apprentice agreements under which compile information on the apprentice is trainingretention of these Apprentices and submit this information to the DPW on a quarterly basis. The DPW will use the information provided to generate a quarterly report on retention of Apprentices on the City’s PLA projects.
2. Every apprentice (3) All apprentices shall be paid the standard wage to apprentices, work under the regulations direct supervision of a journeyman from the craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ workers A journeyman shall be defined as set forth in any apprenticeship craft or trade for the Covered Services hereunderCalifornia Code of Regulations, Consultant or subcontractors or subconsultants shall apply to the joint apprenticeship committeeTitle 8 [apprenticeship] section 205, which administers defines a journeyman as a person who has either completed an accredited apprenticeship in his or her craft, or has completed the equivalent of an apprenticeship standards in length and content of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, for a certificate approving Consultant or subcontractors or subconsultants under the apprenticeship standards for the employment experience and training of apprentices in the locality so identified. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons who shall be employed all other requirements in the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated which has workers classified as journeyman in the apprenticeship standards apprenticeable occupation. Should a question arise as to a journeyman’s qualification under which this subsection, the joint apprenticeship committee operates; but in no case C/S/E shall provide adequate proof evidencing the ratio be less than 1 hour of apprentice work for every 5 hours of journeyperson work, except worker’s qualification as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standardsa journeyman.
4. “Apprenticeship craft or trade,” as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant or subcontractors or subconsultants employ journeypersons or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it shall not be entitled to any additional compensation therefore from University.
6. In the event Consultant willfully fails to comply with this Paragraph VI.D, it will be considered in violation of the requirements of the Agreement.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
Sources: Project Labor Agreement
APPRENTICES. 1. SAMPLE
11.4.1 Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, of the State of California Labor Code, are eligible to be employed by Consultant Design Professional and subcontractors or subconsultants consultants as apprentices for the Covered Services hereunder. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is trainingtraining and in accordance with prevailing wage law pursuant to the Labor Code, including but not limited to Section 1777.5. The Design Professional bears responsibility for compliance with this section for all apprenticeable occupations.
2. 11.4.2 Every apprentice shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. 11.4.3 When Consultant Design Professional or subcontractors or subconsultants consultants employ workers in any apprenticeship craft or trade for the Covered Services hereunder, Consultant Design Professional or subcontractors or subconsultants consultants shall apply to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeProject site, for a certificate approving Consultant Design Professional or subcontractors or subconsultants consultants under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea of the Project site. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons journeyworkers who shall be employed in the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every 5 hours of journeyperson work, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. 11.4.5 If Consultant Design Professional or subcontractors or subconsultants consultants employ journeypersons journeyworkers or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeProject site, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified area of the Project site are contributing, Consultant Design Professional and subcontractors or subconsultants consultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons journeyworkers or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant Design Professional may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant Design Professional fails to do so, it shall not be entitled to any additional compensation therefore from University.
6. 11.4.6 In the event Consultant Design Professional willfully fails to comply with this Paragraph VI.D11.4, it will be considered in violation of the requirements of the Agreement.
7. 11.4.7 Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant Design Professional or subcontractors or subconsultants consultants of journeyperson journeyworker trainees who may receive on-the-job training to enable them to achieve journeyperson journeyworker status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
Sources: Request for Qualifications
APPRENTICES. 1Apprentices of any crafts or trades may be employed and, when required by Labor Code section 1777.5, shall be employed provided they are properly indentured to the Contract in full compliance with provisions of the Labor Code. The prime contractor shall bear the responsibility of compliance with Labor Code section 1777.5 for all apprenticeable occupations and agrees that he will comply with said section which reads: “Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works. Every apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he is employed, and shall be employed only at the work of the craft or trade to which he is registered.” Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 44 (commencing with Section 3070), of Division 3, of the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunderon public works. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice he or she is training.
2. Every apprentice shall be paid When the standard wage contractor to apprenticeswhom the contract is awarded by the SCCOE, in performing any of the work under the regulations of the craft contract or trade at which the apprentice is employedsubcontract, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ employs workers in any apprenticeship apprenticeable craft or trade for trade, the Covered Services hereunder, Consultant or subcontractors or subconsultants contractor and subcontractor shall apply to the joint apprenticeship committee, which administers committee administering the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State site of California Labor Code, the public work for a certificate approving Consultant the contractor or subcontractors or subconsultants subcontractor under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea or industry affected. However, approval as established by the joint apprenticeship committee or committees shall be subject to approval of the Administrator of Apprenticeship. The joint apprenticeship committee will issue a certificate fixing or committees, subsequent to approving the subject contractor or subcontractor, shall arrange for the dispatch of apprentices to the contractor or subcontractor in order to comply with this section. Every contractor and subcontractor shall submit contact award information to the applicable joint apprenticeship committee which shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices to be employed, and the approximate date the apprentices will be employed. There shall be an affirmative duty upon the join apprenticeship committee or committees administering the apprenticeship standards of the craft or trade in the area of the site of the public work to ensure equal employment and affirmative action in apprenticeship for women and minorities. Contractors or subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The ratio of work performed by apprentices to journeypersons journeymen who shall be employed in the craft or trade on the Covered Services hereunder. The public work may be the ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but , but, except as otherwise provided in this section, in no case shall the ratio be less than 1 one hour of apprentice work for every 5 five hours of journeyperson worklabor performed by a journeyman. However, the minimum ratio for the land surveyor classification shall not be less than one apprentice for each five journeymen. Any ratio shall apply during any day or portion of a day when any journeyman, or the higher standard stipulated by the joint apprenticeship committee, is employed at the job site and shall be computed on the basis of the hours worked during the day by journeymen so employed, except for the land surveyor classification. The Contractor shall employ apprentices for the number of hours computed as permitted above before the end of the contract. However, the Contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the job site. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Division of Apprenticeship Standards, upon application of a joint apprenticeship committee, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. The Contractor or subcontractor, if he is covered by law. Consultant or subcontractors or subconsultants shallthis section, upon the issuance of the approval certificate certificate, or if he has been previously approved in each such the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeypersons fixed journeymen stipulated in the certificate issued apprenticeship standards. Upon proper showing by the joint apprenticeship committee Contractor that he employs apprentices in such craft or present trade in the state on all of his contracts on an exemption certificate issued annual average of not less than one hour of apprentice work for every five hours of labor performed by a journeyman, or in the land surveyor classification, one apprentice for each five journeymen, the Division of Apprenticeship Standards.
4Standards my grant a certificate exempting the Contractor from the 1-to-5 hourly ratio as set forth in the section. This section shall not apply to contracts of general contractors or to contracts of specialty contractors not proposing work through a general or prime contractor, when the contracts of general contractors or those specialty contractors involve less than thirty thousand ($30,000) or 20 working days. This section shall not use any work performed by a journeyman in excess of eight hours per day or 40 hours per week to calculate the hourly ratio. “Apprenticeship Apprenticeable craft or trade,” as used in this Paragraphsection, shall mean means a craft or trade determined as an apprenticeship apprenticeable occupation in accordance with the rules and regulations prescribed by the Apprenticeship Council.. The joint apprenticeship committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
5a) Unemployment for the previous three-month period in such area exceeds an average of 15 percent. If Consultant or subcontractors or subconsultants employ journeypersons or b) The number of apprentices in any apprenticeship craft or trade training in the locality, if any, listed in the written authorization for the performance such area exceeds a ratio of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it shall not be entitled to any additional compensation therefore from University1-to-5.
6. In the event Consultant willfully fails to comply with this Paragraph VI.D, it will be considered in violation of the requirements of the Agreement.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
Sources: Public Works Contract
APPRENTICES. 115.1 The parties recognize the need to maintain continuing support of programs designed to develop adequate numbers of competent workers in the construction industry, and the obligation to capitalize on the availability of the local workforce within the community served by the College of Marin, and to recruit and encourage the participation of College of Marin students and graduates and residents of the County of Marin in the construction industry. Only apprenticesTo these ends, as defined the parties will support the construction training courses, programs, pre-apprenticeship and joint apprenticeship programs in which they participate and which are certified by the State of California Labor Code Section 3077California, and will facilitate and encourage College of Marin students and graduates and residents of Marin County to commence and progress in such apprenticeship programs. The parties acknowledge and agree that North Bay Trades Introduction Program is the approved pre-apprentice program for this project work.
15.2 Each contractor or subcontractor performing work covered by this Agreement shall employ on its regular workforce at least one (1) eligible College of Marin student or graduate who are is enrolled and participating in an approved construction training under course, program, pre-apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, and/or Joint Apprenticeship Program serving the local residence area as soon as such contractor or subcontractor has the minimum number of employees as is established by the Department of Apprenticeship Standards regulations for the employment of apprentices. Such Apprenticeship Program must have been approved by the State of California Labor CodeCalifornia, are eligible Division of Apprenticeship Standards and shall have graduated at least an average of ten (10) apprentices annually for at least the past five (5) years. This requirement applies to any craft for which the State of California, Division of Apprenticeship Standards, has approved an Apprenticeship Program. A properly indentured apprentice must be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunder. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is training.
2. Every apprentice shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice he or she is employed, indentured and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ workers in any apprenticeship craft or trade for the Covered Services hereunder, Consultant or subcontractors or subconsultants shall apply to the joint apprenticeship committee, which administers the apprenticeship standards work of the craft or trade in which he or she is registered. If an apprentice is not available for referral to a Contractor when such Contractor is required to employ an apprentice pursuant to this subsection, the locality, if any, listed Contractor shall maintain an open request for such referral as long as its obligations to employ the apprentice exists. The requirement of this subsection does not relieve the Contractor and signatory Unions of the obligations contained in the written authorization remainder of this Article.
15.3 The Unions agree to cooperate with the Contractor in furnishing apprentices as requested up to the maximum percentage permitted by the Schedule A or applicable Joint Apprenticeship Committee. The apprentice ratio for each craft shall be in compliance, at a minimum, with the performance of construction, alteration, demolition or repair work as defined in Section 1720 applicable provision(s) of the State Labor Code relating to utilization of California apprentices. To encourage the training and utilization of apprentices, the College District shall encourage all contractors to employ apprentices when work is available for which they are qualified.
15.4 In recognition of the College of Marin’s desire to have District-trained students employed on its Project(s), a subcommittee of the Labor Code, for a certificate approving Consultant or subcontractors or subconsultants under the apprenticeship standards for the employment and training of apprentices in the locality so identified. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices Management Committee established pursuant to journeypersons who Article 8 shall be employed in established, jointly chaired by a designee of the craft or trade on District and a designee of the Covered Services hereunder. The ratio will not exceed that stipulated Council, to work with representatives of each signatory craft’s apprenticeship committee and of the College of Marin to establish appropriate criteria and procedures for recognition by the Joint Apprenticeship Committees of the education and work experience possessed by students and/or graduates of the College of Marin toward qualifying for advanced levels in the apprenticeship standards programs under which the joint apprenticeship direction of such Joint Apprenticeship Committees. Further, the sub-committee operates; but in no case shall work to expand construction training courses, programs, pre-apprenticeship, and Joint Apprenticeship programs for College of Marin-related individuals and for residents of Marin County, and to develop procedures providing preference for graduates of such programs into the ratio be less than 1 hour of apprentice work for every 5 hours of journeyperson work, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance Joint Apprenticeship programs of the approval certificate in each such craft or trade, employ signatory Unions.
15.5 The signatory Unions recognize the number importance to the College of apprentices or Marin Board of Trustees of providing College of Marin students and graduates with the ratio of apprentices opportunity to journeypersons fixed participate both in the certificate issued Signatory Union’s Apprenticeship Programs and the opportunity to work on the Project(s) under this Agreement, and will cooperate fully in encouraging the establishment of such recognition by the joint apprenticeship committee or present an exemption certificate issued by the Division of Joint Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant or subcontractors or subconsultants employ journeypersons or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade Committees in which they employ journeypersons or apprentices on participate. The subcommittee shall meet as necessary, at the Covered Services hereunder in call of the same amount or upon Joint Chairs, to expeditiously facilitate the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it shall not be entitled to any additional compensation therefore from Universitygoals detailed above as soon as this Agreement becomes effective.
615.6 The College District Representative or designee shall prepare quarterly reports on apprentice utilization and the training and employment of College of Marin students and graduates, and local residents for the Board of Trustees’ review. In The sub- committee may review such reports and make any recommendation for improvement, if necessary, including increasing the event Consultant willfully fails to comply availability of skilled Trades, and the employment of local residents, at-risk or disadvantaged individuals or other individuals who should be assisted with this Paragraph VI.D, it will be considered in violation of the requirements of the Agreementappropriate training for qualification for entry into apprenticeship programs.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
Sources: Project Stabilization Agreement
APPRENTICES. 114.3.1 All apprentices employed by the Design-Build Entity to perform services under the Contract shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he or she is employed, and shall be employed only at the work of the craft or trade to which he or she is registered. Only apprentices, as defined in § 3077 of the State of California Labor Code Section 3077Code, who are in training under apprenticeship standards and written apprentice agreements apprenticeship Contracts under Chapter 4, 4 (commencing with § 3070) of Division 3, of the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunderunder this Contract. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements Contracts under which the apprentice he or she is training.
2. Every apprentice shall be paid 14.3.2 When the standard wage Design-Build Entity to apprenticeswhom the Contract is awarded by the District, or any Subcontractor under him or her, in performing any of the work on the Project under the regulations of the craft Contract or trade at which the apprentice is employedsubcontract, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ employs workers in any apprenticeship apprenticeable craft or trade for trade, the Covered Services hereunder, Consultant or subcontractors or subconsultants Design-Build Entity and Subcontractor shall apply to the joint apprenticeship committee, which administers committee administering the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State Site of California Labor Codethe Project, for a certificate approving Consultant the Design-Build Entity or subcontractors or subconsultants Subcontractor under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea or industry affected. However, approval as established by the joint apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship. The joint apprenticeship committee will issue a certificate fixing or committees, subsequent to approving the subject the Design-Build Entity or Subcontractor, shall arrange for the dispatch of apprentices to the Design-Build Entity or Subcontractor in order to comply with this section. The Design-Build Entity and every Subcontractor shall submit the contract award information to the applicable joint apprenticeship committee which shall include an estimate of journeyman hours to be performed under the Contract, the number of apprentices to be employed, and the approximate dates the apprentices will be employed. There shall be an affirmative duty upon the joint apprenticeship committee or committees administering the apprenticeship standards of the crafts or trade in the area of the Site of the public work, to ensure equal employment and affirmative action and apprenticeship for women and minorities. The Design- Build Entities or Subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The ratio of work performed by apprentices to journeypersons journeymen, who shall be employed in the craft or trade on the Covered Services hereunder. The Project, may be the ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but , but, except as otherwise provided in this section, in no case shall the ratio be less than 1 one
(1) hour of apprentice work for every 5 five (5) hours of journeyperson worklabor performed by a journeyman. However, the minimum ratio for the land surveyor classification shall not be less than one (1) apprentice for each five (5) journeymen.
14.3.3 Any ratio shall apply during any day or portion of a day when any journeyman, or the higher standard stipulated by the joint apprenticeship committee, is employed at the job Site and shall be computed on the basis of the hours worked during the day by journeymen so employed, except for the land surveyor classification. The Design-Build Entity shall employ apprentices for the number of hours computed as permitted above before the end of the Contract. However, the Design-Build Entity shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the job Site. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Division of Apprenticeship Standards, upon application of a joint apprenticeship committee, may order a minimum ratio of not less than one (1) apprentice for each five (5) journeymen in a craft or trade classification.
14.3.4 The Design-Build Entity or Subcontractor, if he or she is covered by law. Consultant or subcontractors or subconsultants shall, this section upon the issuance of the approval certificate certificate, or if he or she has been previously approved in each such the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeypersons fixed journeymen stipulated in the certificate issued apprenticeship standards. Upon proper showing by the joint apprenticeship committee Design-Build Entity that he or present she employs apprentices in the craft or trade in the state on all of his or her contracts on an exemption certificate issued annual average of not less than one (1) hour of apprentice work for every five (5) hours of labor performed by a journeyman, or in the land surveyor classification, one (1) apprentice for each five (5) journeymen, the Division of Apprenticeship StandardsStandards may grant a certificate exempting the Design-Build Entity from the 1-to-5 hourly ratio as set forth in this section. This section shall not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor, when the contracts of general contractors or those specialty contractors involve less than Thirty Thousand Dollars ($30,000) or twenty (20) Days. Any work performed by a journeyman in excess of eight (8) hours per day or forty (40) hours per week, shall not be used to calculate the hourly ratio required by this section.
4. “Apprenticeship 14.3.4.1 Apprenticeable craft or trade,” " as used in this Paragraph, shall mean Article means a craft or trade determined as an apprenticeship apprenticeable occupation in accordance with the rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the Design-Build Entity from the 1-to-5 ratio set forth in this Article when it finds that any one of the following conditions is met:
14.3.4.1.1 Unemployment for the previous three-month period in the area exceeds an average of fifteen percent (15%).
5. If Consultant or subcontractors or subconsultants employ journeypersons or 14.3.4.1.2 The number of apprentices in any apprenticeship training in such area exceeds a ratio of 1-to-5.
14.3.4.1.3 There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth (1/30) of its journeymen annually through the apprenticeship training, either on a statewide basis or on a local basis.
14.3.4.1.4 Assignment of an apprentice to any work performed under this contract would create a condition which would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman.
14.3.5 When exemptions are granted to an organization which represents the Design-Build Entity in a specific trade from the locality1-to-5 ratio on a local or statewide basis, the Design-Build Entity will not be required to submit individual applications for approval to local joint apprenticeship committees, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified they are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done already covered by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it shall not be entitled to any additional compensation therefore from Universitylocal apprenticeship standards.
6. In the event Consultant willfully fails to comply with this Paragraph VI.D, it will be considered in violation of the requirements of the Agreement.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
Sources: Design Build Contract
APPRENTICES. 1. Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, of the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunder. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is training.
2. Every apprentice shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ workers in any apprenticeship craft or trade for the Covered Services hereunder, Consultant or subcontractors or subconsultants shall apply to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization Work Authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, for a certificate approving Consultant or subcontractors or subconsultants under the apprenticeship standards for the employment and training of apprentices in the locality so identified. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons who shall be employed in the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every 5 hours of journeyperson work, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used in this ParagraphArticle, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant or subcontractors or subconsultants employ journeypersons or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it shall not be entitled to any additional compensation therefore from University.
6. In the event Consultant willfully fails to comply with this Paragraph VI.D, it will be considered in violation of the requirements of the Agreement.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
Sources: Professional Services
APPRENTICES. 1. Only apprentices, as defined (a) The Parties recognize the need to maintain continuing support of the programs designed to develop adequate numbers of competent workers in the State of California Labor Code Section 3077construction industry, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, the obligation to capitalize on the availability of the State of California Labor CodeHarbor Department’s and the City’s local work force, are eligible and the opportunities to be employed provide continuing work for Projects covered by Consultant this Agreement. To these ends, the Parties shall facilitate, encourage, and subcontractors assist Local Residents and/or Disadvantaged Workers within Tier 1 or subconsultants as apprentices 2 zip code areas to commence and progress in Labor/Management apprenticeship and/or training programs in the construction industry leading to participation in such apprenticeship programs. The Harbor Department, Jobs Coordinator, Work Source Centers, other non-profit entities, organizations and the Unions, will work cooperatively to identify, or establish and maintain effective programs and procedures for persons interested in entering the construction industry and which will help prepare them for the Covered Services hereunderformal joint Labor/Management apprenticeship programs maintained by the signatory unions.
(b) Unions shall track retention of Apprentices hired through this program for so long as those Apprentices participate in a joint labor/management apprenticeship program. The employment signatory unions shall collect the tracking information from the Unions and training of each apprentice shall be submit quarterly retention reports to the Harbor Department in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is trainingagreed upon format.
2. Every apprentice (c) All apprentices shall be paid the standard wage to apprentices, work under the regulations direct supervision of a journeyman from the craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ workers A journeyman shall be defined as set forth in any apprenticeship craft or trade for the Covered Services hereunderCalifornia Code of Regulations, Consultant or subcontractors or subconsultants shall apply to the joint apprenticeship committeeTitle 8 [apprenticeship] section 205, which administers defines a journeyman as a person who has either completed an accredited apprenticeship in his or her craft, or has completed the equivalent of an apprenticeship standards in length and content of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, for a certificate approving Consultant or subcontractors or subconsultants under the apprenticeship standards for the employment experience and training of apprentices in the locality so identified. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons who shall be employed all other requirements in the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated which has workers classified as journeyman in the apprenticeship standards apprenticeable occupation. Should a question arise as to a journeyman’s qualification under which this subsection, the joint apprenticeship committee operates; but in no case C/S/E shall provide adequate proof evidencing the ratio be less than 1 hour of apprentice work for every 5 hours of journeyperson work, except worker’s qualification as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standardsa journeyman.
4. “Apprenticeship craft or trade,” as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant or subcontractors or subconsultants employ journeypersons or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it shall not be entitled to any additional compensation therefore from University.
6. In the event Consultant willfully fails to comply with this Paragraph VI.D, it will be considered in violation of the requirements of the Agreement.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
Sources: Project Labor Agreement
APPRENTICES. 1A. Contractor acknowledges and agrees that, if this Contract involves a dollar amount greater than or a number of working days greater than that specified in Labor Code section 1777.5, then this Contract is governed by the provisions of Labor Code Section 1777.5. It shall be the responsibility of Contractor to ensure compliance with this Article and with Labor Code section 1777.5 for all apprenticeship occupations.
B. Apprentices of any crafts or trades may be employed and, when required by Labor Code section 1777.5, shall be employed provided they are properly registered in full compliance with the provisions of the Labor Code.
C. Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he/she is employed, and shall be employed only at the work of the craft or trade to which she/he is registered.
D. Only apprentices, as defined in section 3077 of the State of California Labor Code Section 3077Code, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4chapter 4 (commencing at section 3070), Division division 3, of the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunderemployed. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice he/she is training.
2. Every apprentice shall be paid the standard wage E. Pursuant to apprenticesLabor Code section 1777.5, under the regulations of the if that section applies to this Contract as indicated above, Contractor and any Subcontractors employing workers in any apprenticeable craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ workers in performing any apprenticeship craft or trade for the Covered Services hereunder, Consultant or subcontractors or subconsultants Work under this Contract shall apply to the applicable joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, committee for a certificate approving Consultant the Contractor or subcontractors or subconsultants Subcontractor under the applicable apprenticeship standards for the employment and training of apprentices in the locality so identified. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons who journeymen employed in performing the Work.
F. Pursuant to Labor Code section 1777.5, if that section applies to this Contract as indicated above, Contractor and any Subcontractor may be required to make contributions to the apprenticeship program.
G. If Contractor or Subcontractor willfully fails to comply with Labor Code section 1777.5, then, upon a determination of noncompliance by the Administrator of Apprenticeship, it shall: Be denied the right to bid or propose on any subsequent project for one (1) year from the date of such determination; and Forfeit as a penalty to the Court the full amount as stated in Labor Code section 1777.7. Interpretation and enforcement of these provisions shall be employed in accordance with the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every 5 hours of journeyperson work, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance rules and procedures of the approval certificate in each such craft or trade, employ California Apprenticeship Council and under the number authority of apprentices or the ratio Chief of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used H. Contractor and all Subcontractors shall comply with Labor Code section 1777.6, which section forbids certain discriminatory practices in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Councilemployment of apprentices.
5. If Consultant or subcontractors or subconsultants employ journeypersons or I. Contractor shall become fully acquainted with the law regarding apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 prior to commencement of the State Work. Special attention is directed to sections 1777.5, 1777.6, and 1777.7 of California the Labor Code, and there exists a fund for assisting to allay the cost title 8, California Code of the apprenticeship program in the trade or craftRegulations, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute section 200 et seq. Questions may be directed to the fund or funds in each craft or trade in which they employ journeypersons or apprentices State Division of Apprenticeship Standards, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇.
J. Contractor shall ensure compliance with all certification requirements for all workers on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do soProject including, it shall not be entitled to any additional compensation therefore from University.
6. In the event Consultant willfully fails to comply with this Paragraph VI.Dwithout limitation, it will be considered in violation of the requirements of for electrician certification in Labor Code sections 108 et seq. APPENDIX D DEFINED TERMS As used in this Agreement, the Agreement.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing following terms have the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.indicated meanings:
Appears in 1 contract
Sources: Standard Agreement
APPRENTICES. 1. 1.4.1 For purposes of this Section 1.4, the term Subcontractor shall not include Suppliers, manufacturers, and distributors.
1.4.2 Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, of the State of California Labor Code, are eligible to be employed by Consultant Contractor and subcontractors or subconsultants Subcontractors as apprentices for the Covered Services hereunderapprentices. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is training.
2. 1.4.3 Every apprentice shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only for at the Covered Services hereunder Work in the craft or trade to which the apprentice is indentured.
3. 1.4.4 When Consultant Contractor or subcontractors or subconsultants Subcontractors employ workers in any apprenticeship craft or trade for on the Covered Services hereunderWork, Consultant Contractor or subcontractors or subconsultants shall Subcontractors shall: (i) send contract award information to the applicable joint apprenticeship committee that can supply apprentices to the Site; and (ii) apply to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeSite, for a certificate approving Consultant Contractor or subcontractors or subconsultants Subcontractors under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea of the Site. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons who shall be employed in the craft or trade on the Covered Services hereunderWork. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 one
(1) hour of apprentice work for every 5 five (5) hours of journeyperson work, except as permitted by law. Consultant Contractor or subcontractors or subconsultants Subcontractors shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. 1.4.5 “Apprenticeship craft or trade,” as used in this ParagraphSection 1.4, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council.
5. 1.4.6 If Consultant Contractor or subcontractors or subconsultants Subcontractors employ journeypersons journeyworkers or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeSite, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified area of the Site are contributing, Consultant Contractor and subcontractors or subconsultants Subcontractors shall contribute to the fund or funds in each craft or trade in which they employ journeypersons journeyworkers or apprentices on the Covered Services hereunder Work in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant Contractor may include the amount of such contributions in computing its compensation under Proposal or Bid for the AgreementContract; but if Consultant Contractor fails to do so, it shall not be entitled to any additional compensation therefore therefor from UniversitySMUD.
6. 1.4.7 In the event Consultant Contractor willfully fails to comply with this Paragraph VI.DSection 1.4, it will be considered in violation of the requirements of the AgreementContract.
7. 1.4.8 Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant Contractor or subcontractors or subconsultants Subcontractors of journeyperson journeyworker trainees who may receive on-the-job training to enable them to achieve journeyperson journeyworker status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
Sources: Base Agreement
APPRENTICES. 1. All apprentices employed by DB Entity to perform services under these Contract Documents shall be paid the standard wage paid to apprentices under the regulation of the craft or trade at which that apprentice is employed, and shall be employed only at the work of the craft or trade in which that apprentice is registered. Only apprentices, as defined in the State of California Labor Code Section § 3077, who are in training under apprenticeship standards and written apprentice apprenticeship agreements under Chapter 44 (commencing at Section 3070), Division 3, 3 of the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunderunder these Construction Provisions. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice apprenticeship agreements under which the that apprentice is training.
2. Every apprentice shall be paid When DB Entity to whom the standard wage to apprenticeswork under these Construction Provisions is awarded by Owner or any Subcontractor under DB Entity, in performing any of the work under the regulations of the craft or trade at which the apprentice is employedContract Documents, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ employs workers in any apprenticeship apprenticeable craft or trade for the Covered Services hereundertrade, Consultant or subcontractors or subconsultants DB Entity and Subcontractor shall apply to the joint apprenticeship committee, which administers committee administering the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State Site of California Labor Codethe public work, for a certificate approving Consultant DB Entity or subcontractors or subconsultants Subcontractor under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea or industry affected. However, approval as established by the joint apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship. DB Entity or Subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The committee will issue a certificate fixing the number of apprentices or the ratio of work performed by apprentices to journeypersons journeymen, who shall be employed in the craft or trade on the Covered Services hereunder. The public work, may be the ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; , but in no case shall the ratio be less than 1 one hour of apprentice work for every 5 each five (5) hours of journeyperson worklabor performed by a journeyman, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance otherwise provided in Section 1777.5 of the approval certificate in Labor Code. However, the minimum ratio for the land surveyor classification shall not be less than one apprentice for each such five journeymen.
3. “Apprenticeable craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used in Labor Code § 1777.5 and this ParagraphArticle, shall mean means a craft or trade determined as an apprenticeship apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
54. If Consultant DB Entity, or subcontractors or subconsultants employ journeypersons any Subcontractor which, in performing any of the work under this contract, employs journeymen or apprentices in any apprenticeable craft or trade and which is not contributing to a fund or funds to administer and conduct the apprenticeship programming of any craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor Code, and there exists a fund for assisting to allay the cost Site of the apprenticeship program in the trade or craftpublic work, to which fund or funds other contractors DB Entitys in the locality so identified area of the Site of the public work are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons that DB Entity employs journeymen or apprentices on the Covered Services hereunder public work in the same amount or upon the same basis and in the same manner done by as other DB Entitys do, but where the other contractorstrust fund administrators are unable to accept the funds, DB Entitys not signatory to the trust agreement shall pay like amount to the California Apprenticeship Council. Consultant DB Entity or Subcontractor may include add the amount of such contributions in computing its compensation under their bid for the Agreement; but if Consultant fails contract. The Division of Labor Standards Enforcement is authorized to do so, it shall not be entitled enforce the payment of the contributions to any additional compensation therefore from Universitythe fund or funds as set forth in Labor Code § 227.
5. The responsibility of compliance with Labor Code § 1777.5 and this Article for all apprenticeable occupations is with DB Entity.
6. In the event Consultant willfully fails to comply with this Paragraph VI.D, it will be considered in violation The interpretation and enforcement of Sections 1777.5 and 1777.7 of the requirements Labor Code shall be in accordance with the rules and procedures of the AgreementCalifornia Apprenticeship Council.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
Sources: Design Build Agreement
APPRENTICES. 1. Only apprenticesApprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his/her first ninety (90) days of probationary employment as defined an apprentice in such an apprenticeship program, who is not individually registered in the program but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of California Labor Code Section 3077apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Authority or Improvements Manager as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who are is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, excess of the State of California Labor Code, are eligible to ratio permitted under the registered program shall be employed by Consultant and subcontractors or subconsultants as apprentices paid not less than the applicable wage rate on the wage determination for the Covered Services hereunderwork actually performed. The employment Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and training wage rates (expressed in percentages of each apprentice the journeyman’s hourly rate) specified in the Improvements Manager’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentices’ level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship standards and written program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice agreements under which the apprentice is training.
2. Every apprentice classification, fringe benefits shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ workers in any apprenticeship craft or trade for the Covered Services hereunder, Consultant or subcontractors or subconsultants shall apply to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, for a certificate approving Consultant or subcontractors or subconsultants under the apprenticeship standards for the employment and training of apprentices in the locality so identified. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons who shall be employed in the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every 5 hours of journeyperson work, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant or subcontractors or subconsultants employ journeypersons or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it shall not be entitled to any additional compensation therefore from University.
6that determination. In the event Consultant willfully fails the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Authority and the Improvements Manager will no longer be permitted to comply with this Paragraph VI.D, it will be considered in violation of utilize apprentices at less than the requirements of applicable predetermined rate for the Agreementwork performed until an acceptable program is approved.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
Sources: Facilities Use Agreement
APPRENTICES. 1To assure the Industry of an adequate supply of properly trained and skilled mechanics there shall be a Joint Training and Apprenticeship Committee to which the Association and the Union shall each appoint two Trustees. Only An apprenticeship Program under which the Local Apprenticeship Standard shall be administered and also co-ordinate with the Trades Qualification & Apprenticeship Act and Amendments thereto. A Journeyman Training Program under which advanced training programs will be administered and for the purpose of enabling journeymen to acquire a full and complete knowledge of the advancement, new techniques and skills in their Committee shall meet as required. APPRENTICES’ WAGE The minimum rate of wages of apprentices shall be a percentage of the minimum hourly rate for journeymen as follows: Apprentices shall receive the same contributions applicable to the Journeyman as outlined in the schedule of wages and contributions training period for the Apprentices shall be for a hour work period. It shall be the responsibility of the Union to advise contractors employing men in their jurisdictional area, of the status of apprentices, as defined in determined by the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, of the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunderLocal Apprenticeship Committee. The employment and training ratio of each apprentice apprentices to journeymen shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is training.
2. Every apprentice shall be paid the standard wage to apprentices, under the existing regulations of the craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ workers in any apprenticeship craft or trade for the Covered Services hereunder, Consultant or subcontractors or subconsultants shall apply pursuant to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, for a certificate approving Consultant or subcontractors or subconsultants under the apprenticeship standards for the employment and training of apprentices in the locality so identified. The committee will issue a certificate fixing the number of apprentices or Trades Qualification Apprenticeship Act Changes to the ratio of apprentices to journeypersons who shall journeymen may be employed in recommended by the craft or trade on Joint Apprenticeship Board. When hiring, the Covered Services hereunder. The ratio will not exceed that stipulated in employer agrees to hire and employ a drywall and acoustic apprentice at the apprenticeship standards under which the joint apprenticeship committee operates; Union’s request, but in no case event shall the ratio employer be less required to employ more than 1 hour of apprentice work for every 5 hours of journeyperson work, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the a ratio of apprentices one apprentice to journeypersons fixed in four journeymen, unless by mutual consent between the certificate issued by Union and the joint apprenticeship committee or present Employer. The Employer agrees that there shall be at least one apprentice paid on an exemption certificate issued by hourly basis at each project, excluding houses and townhouses. A record book showing which employer the Division apprentice has worked for, the type of Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant or subcontractors or subconsultants employ journeypersons or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Codeperformed, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under hours worked shall at all times be kept by the Agreement; but if Consultant fails to do so, it shall not be entitled to apprentice and signed by each employer for inspection by any additional compensation therefore from University.
6prospective employer. In This clause and the event Consultant willfully fails to comply with this Paragraph VI.D, it will be considered in violation of the requirements of the Agreement.
7. Nothing rates contained herein shall be considered or interpreted in force as prohibiting or preventing of the hiring by Consultant or subcontractors or subconsultants effective date of journeyperson trainees this Agreement, but shall only effect Apprentices who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprenticesbecome members after the effective date of this Agreement.
Appears in 1 contract
Sources: Residential Agreement
APPRENTICES. 1. Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, of the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunder. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is trainingtraining and in accordance with prevailing wage law pursuant to the Labor Code, including but not limited to Section 1777.5. The Consultant bears responsibility for compliance with this section for all apprenticeable occupations.
2. Every apprentice shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ workers in any apprenticeship craft or trade for the Covered Services hereunder, Consultant or subcontractors or subconsultants shall apply to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, for a certificate approving Consultant or subcontractors or subconsultants under the apprenticeship standards for the employment and training of apprentices in the locality so identified. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons who shall be employed in the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every 5 hours of journeyperson work, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant or subcontractors or subconsultants employ journeypersons or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it shall not be entitled to any additional compensation therefore from University.
6. In the event Consultant willfully fails to comply with this Paragraph VI.D, it will be considered in violation of the requirements of the Agreement.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-the- job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
Sources: Professional Services
APPRENTICES. 1A. Contractor acknowledges and agrees that, if this Contract involves a dollar amount greater than or a number of working days greater than that specified in Labor Code section 1777 .5, then this Contract is governed by the provisions of Labor Code Section 1777.5. It shall be the responsibility of Contractor to ensure compliance with this Article and with Labor Code section 1777 .5 for all apprenticeship occupations.
B. Apprentices of any crafts or trades may be employed and, when required by Labor Code section 1777.5, shall be employed provided they are properly registered in full compliance with the provisions of the Labor Code.
C. Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he/she is employed and shall be employed only at the work of the craft or trade to which she/he is registered.
D. Only apprentices, as defined in section 3077 of the State of California Labor Code Section 3077Code, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4chapter 4 (commencing at section 3070), Division division 3, of the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunderemployed. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice he/she is training.
2. Every apprentice shall be paid the standard wage E. Pursuant to apprenticesLabor Code section 1777 .5, under the regulations of the if that section applies to this Contract as indicated above, Contractor and any Subcontractors employing workers in any apprenticeable craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ workers in performing any apprenticeship craft or trade for the Covered Services hereunder, Consultant or subcontractors or subconsultants Work under this Contract shall apply to the applicable joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, committee for a certificate approving Consultant the Contractor or subcontractors or subconsultants Subcontractor under the applicable apprenticeship standards for the employment and training of apprentices in the locality so identified. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons who journeymen employed in performing the Work.
F. Pursuant to Labor Code section 1777.5, if that section applies to this Contract as indicated above, Contractor and any Subcontractor may be required to make contributions to the apprenticeship program.
G. Contractor or Subcontractor willfully fails to comply with Labor Code section 1777.5, then, upon a determination of noncompliance by the Administrator of Apprenticeship, it shall:
(1) Be denied the right to bid or propose on any subsequent project for one (1) year from the date of such determination; and
(2) Forfeit as a penalty to the Court the full amount as stated in Labor Code section 1777. 7. Interpretation and enforcement of these provisions shall be employed in accordance with the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every 5 hours of journeyperson work, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance rules and procedures of the approval certificate in each such craft or trade, employ California Apprenticeship Council and under the number authority of apprentices or the ratio Chief of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used H. Contractor and all Subcontractors shall comply with Labor Code section 1777.6, which section forbids certain discriminatory practices in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Councilemployment of apprentices.
5. If Consultant or subcontractors or subconsultants employ journeypersons or I. Contractor shall become fully acquainted with the law regarding apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 prior to commencement of the State Work. Special attention is directed to sections 1777.5, 1777 .6, and 1777. 7 of California the Labor Code, and there exists a fund for assisting to allay the cost title 8, California Code of the apprenticeship program in the trade or craftRegulations, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute section 200 et seq. Questions may be directed to the fund or funds in each craft or trade in which they employ journeypersons or apprentices State Division of Apprenticeship Standards, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇.
J. Contractor shall ensure compliance with all certification requirements for all workers on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do soProject including, it shall not be entitled to any additional compensation therefore from University.
6. In the event Consultant willfully fails to comply with this Paragraph VI.Dwithout limitation, it will be considered in violation of the requirements of the Agreementfor electrician certification in Labor Code sections 108 et seq.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
Sources: Master Agreement
APPRENTICES. 1. 11.4.1 Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under un Chapter 4, Division 3, of the State of California Labor Code, are eligible to be employed by Consultant Design Professional and subcontractors or subconsultants consultants as apprentices for the Covered Services hereunder. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is training.
2. 11.4.2 Every apprentice shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. 11.4.3 When Consultant Design Professional or subcontractors or subconsultants consultants employ workers in any apprenticeship craft or trade for the Covered Services hereunder, Consultant Design Professional or subcontractors or subconsultants consultants shall apply to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeProject site, for a certificate approving Consultant Design Professional or subcontractors or subconsultants consultants under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea of the Project site. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons journeyworkers who shall be employed in the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every 5 each five hours of journeyperson work, except as permitted by law. Consultant Design Professional or subcontractors or subconsultants consul- tants shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons journeyworkers fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. 11.4.4 “Apprenticeship craft or trade,” ”, as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. 11.4.5 If Consultant Design Professional or subcontractors or subconsultants consultants employ journeypersons journeyworkers or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeProject site, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified area of the Project site are contributing, Consultant Design Professional and subcontractors or subconsultants consultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons journeyworkers or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant Design Professional may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant Design Professional fails to do so, it shall not be entitled to any additional compensation therefore from University.
6. 11.4.6 In the event Consultant Design Professional willfully fails to comply with this Paragraph VI.D11.4, it will be considered in violation of the requirements of the Agreement.
7. 11.4.7 Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant Design Professional or subcontractors or subconsultants consultants of journeyperson journeyworker trainees who may receive on-the-job training to enable them to achieve journeyperson journeyworker status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
APPRENTICES. 1. 11.4.1 Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under un Chapter 4, Division 3, of the State of California Labor Code, are eligible to be employed by Consultant Design Professional and subcontractors or subconsultants consultants as apprentices for the Covered Services hereunder. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is trainingtraining and in accordance with prevailing wae law pursuant to the Labor Code, including but not limited to Section 1777.5. The Design Professoinal bears responsibility for compliance with this section for all apprenticeable occupations.
2. 11.4.2 Every apprentice shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. 11.4.3 When Consultant Design Professional or subcontractors or subconsultants consultants employ workers in any apprenticeship craft or trade for the Covered Services hereunder, Consultant Design Professional or subcontractors or subconsultants consultants shall apply to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeProject site, for a certificate approving Consultant Design Professional or subcontractors or subconsultants consultants under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea of the Project site. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons journeyworkers who shall be employed in the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every each 5 hours of journeyperson work, except as permitted by law. Consultant Design Professional or subcontractors or subconsultants consultants shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons journeyworkers fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. 11.4.4 “Apprenticeship craft or trade,” ”, as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant or subcontractors or subconsultants employ journeypersons or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it shall not be entitled to any additional compensation therefore from University.
6. In the event Consultant willfully fails to comply with this Paragraph VI.D, it will be considered in violation of the requirements of the Agreement.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
APPRENTICES. 1Apprentices of any crafts or trades may be employed and, when required by Labor Code section 1777.5, shall be employed provided they are properly indentured to the Contract in full compliance with provisions of the Labor Code. The prime contractor shall bear the responsibility of compliance with Labor Code section 1777.5 for all apprenticeable occupations and agrees that he will comply with said section which reads: “This chapter does not prevent the employment of properly registered apprentices upon public works. Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.” Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examination, or other preemployent process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test. Only apprentices, as defined in the State of California Labor Code Section § 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written apprentice agreements under Chapter 44 (commencing with Section 3070), of Division 3, of the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for at the Covered Services hereunderapprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the provisions of following: (1) the apprenticeship standards and written apprentice agreements under which the apprentice he or she is training.
; or (2. Every apprentice shall be paid ) the standard wage to apprentices, under the rules and regulations of the California Apprenticeship Council. If the contractor to whom the contract is awarded by the District, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade trade, the contractor shall employ apprentices in at which least the apprentice is employed, ratio set forth in this Article and shall be employed only for the Covered Services hereunder may apply to any apprenticeship program in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ workers in any apprenticeship craft or trade for the Covered Services hereunder, Consultant or subcontractors or subconsultants shall apply that can provide apprentices to the joint apprenticeship committee, which administers the apprenticeship standards site of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair public work as defined in Section 1720 of the State of California Labor Code, for a certificate approving Consultant or subcontractors or subconsultants the contractor under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The committee will issue apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program’s standards shall not be required to submit any additional application in order to include additional public works contracts under that program. . “Apprenticeable craft or trade,” as used in this section, means a certificate fixing craft or trade determined as an apprenticeable occupation in accordance with the rules and regulations prescribed by the California Apprenticeship Council. As used in this section, “contractor” includes any subcontractor under a contractor who performs any public works, but does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of the general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). Before commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work. The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices or proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the District if requested. Within sixty (60) days after concluding work on the contract, each contractor and subcontractor shall submit to the District, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information described in this paragraph shall be public. The apprenticeship programs shall retain this information for twelve (12) months. The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. The ratio of work performed by apprentices to journeypersons journeymen who shall be employed in the craft or trade on the Covered Services hereunder. The public work may be no higher than the ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but program operates if the contractor agrees to be bound by those standards. However,, except as otherwise provided in this Article, in no case shall the ratio be less than 1 one hour of apprentice work for every 5 five hours of journeyperson journeyman work. This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the job site and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The Contractor shall employ apprentices for the number of hours computed as above before the end of the contract, except as permitted or, in the case of a subcontractor, before the end of the subcontract. However, the Contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the job site. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. A contractor covered by law. Consultant or subcontractors or subconsultants shall, this section who has agreed to be covered by an apprenticeship program’s standards upon the issuance of the approval certificate certificate, or who has been previously approved for an apprenticeship in each such the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeypersons fixed journeymen stipulated in the certificate issued applicable apprenticeship standards, but in no event less than the 1 to 5 ratio required by this Article. Upon proper showing by the joint apprenticeship committee Contractor that he or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant or subcontractors or subconsultants employ journeypersons or she employs apprentices in any apprenticeship a particular craft or trade in the localitystate on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by a journeyman, the Administrator of Apprenticeship Standards my grant a certificate exempting the contractor from the 1-to-5 hourly ratio as set forth in this Article for that craft or trade An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this Article when it finds that any one of the following conditions is met: a) Unemployment for the previous three-month period in the area exceeds an average of 15 percent; b) The number of apprentices in training in the area exceeds a ratio of 1-to-5.; c) If there is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis, or on a local basis; or d) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his life, or the life, safety, or property of fellow employees or the public at large, or if the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman. If an exemption is granted pursuant to the foregoing paragraph to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local apprenticeship program(s), if anythey are already covered by the local apprenticeship standards. A contractor to whom the contract is awarded, listed who, in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 performing any of the State of California Labor Codework under the contract employs journeymen or apprentices in any apprenticeable craft or trade, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or funds in each her bid for the contract.
(a) If there is an approved multiemployer apprenticeship program serving the same craft or trade in and geographic area for which they employ journeypersons the training contributions were made to the council, a grant to that program shall be made; (b) if there are two or apprentices on the Covered Services hereunder in more approved multiemployer apprenticeship programs serving the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it shall not be entitled to any additional compensation therefore from University.
6. In the event Consultant willfully fails to comply with this Paragraph VI.D, it will be considered in violation of the requirements of the Agreement.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program; (c) All training contributions not distributed under numbers
(a) and (b) above shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship standards other than those set forth and requirements under the Labor Code. All training contributions received pursuant to this Article shall be deposited in the Apprenticeship Training Contribution Fund of the State Treasury. Upon appropriation by the Legislature, al moneys in the Apprenticeship Training Contribution Fund shall be used for apprenticesthe purpose of carrying out the provisions of Labor Code §1777.5 subd.
Appears in 1 contract
Sources: Public Works Contract for Services
APPRENTICES. 1. 11.4.1 Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, of the State of California Labor Code, are eligible to be employed by Consultant Design Professional and subcontractors or subconsultants consultants as apprentices for the Covered Services hereunder. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is training.
2. 11.4.2 Every apprentice shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. 11.4.3 When Consultant Design Professional or subcontractors or subconsultants consultants employ workers in any apprenticeship craft or trade for the Covered Services hereunder, Consultant Design Professional or subcontractors or subconsultants consultants shall apply to the joint apprenticeship committee, which administers the apprenticeship apprentice- ship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeProject site, for a certificate approving Consultant Design Professional or subcontractors or subconsultants consultants under the apprenticeship standards ▇▇▇▇- dards for the employment and training of apprentices in the locality so identifiedarea of the Project site. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons journeyworkers who shall be employed in the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of one apprentice work for every 5 hours of journeyperson workeach five journeyworkers, except as permitted by law. Consultant Design Profes- sional or subcontractors or subconsultants consultants shall, upon the issuance issu- ance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons journeyworkers fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. 11.4.4 “Apprenticeship craft or trade,” ”, as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant or subcontractors or subconsultants employ journeypersons or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it shall not be entitled to any additional compensation therefore from University.
6. In the event Consultant willfully fails to comply with this Paragraph VI.D, it will be considered in violation of the requirements of the Agreement.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
APPRENTICES. 1(i) Contractor acknowledges and agrees that, if this Agreement involves a dollar amount greater than or a number of working days greater than that specified in Labor Code section 1777.5, then this Agreement is governed by the provisions of Labor Code Section 1777.5. It shall be the responsibility of Contractor to ensure compliance with this Article and with Labor Code section 1777.5 for all apprenticeship occupations.
(ii) Apprentices of any crafts or trades may be employed and, when required by Labor Code section 1777.5, shall be employed provided they are properly registered in full compliance with the provisions of the Labor Code.
(iii) Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which they are employed, and shall be employed only at the work of the craft or trade to which they are registered.
(iv) Only apprentices, as defined in section 3077 of the State of California Labor Code Section 3077Code, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4chapter 4 (commencing at section 3070), Division division 3, of the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunderemployed. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is they are training.
2. Every apprentice shall be paid the standard wage (v) Pursuant to apprenticesLabor Code section 1777.5, under the regulations of the if that section applies to this Agreement as indicated above, Contractor and any sors employing workers in any apprenticeable craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ workers in performing any apprenticeship craft or trade for the Covered Services hereunder, Consultant or subcontractors or subconsultants work under this Agreement shall apply to the applicable joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, committee for a certificate approving Consultant the Contractor or subcontractors or subconsultants subcontractor under the applicable apprenticeship standards for the employment and training of apprentices in the locality so identified. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons who journeymen employed in performing the work.
(vi) Pursuant to Labor Code section 1777.5, if that section applies to this Agreement as indicated above, Contractor and any subcontractor may be required to make contributions to the apprenticeship program.
(vii) If Contractor or subcontractor willfully fails to comply with Labor Code section 1777.5, then, upon a determination of noncompliance by the Administrator of Apprenticeship, it shall:
a. Be denied the right to bid or propose on any subsequent project for one (1) year from the date of such determination; and
b. Forfeit as a penalty to the County the full amount as stated in Labor Code section 1777.7. Interpretation and enforcement of these provisions shall be employed in accordance with the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every 5 hours of journeyperson work, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance rules and procedures of the approval certificate in each such craft or trade, employ California Apprenticeship Council and under the number authority of apprentices or the ratio Chief of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used (viii) Contractor and all subcontractors shall comply with Labor Code section 1777.6, which section forbids certain discriminatory practices in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Councilemployment of apprentices.
5. If Consultant or subcontractors or subconsultants employ journeypersons or (ix) Contractor shall become fully acquainted with the law regarding apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 prior to commencement of the State Work. Special attention is directed to sections 1777.5, 1777.6, and 1777.7 of California the Labor Code, and there exists a fund for assisting to allay the cost title 8, California Code of the apprenticeship program in the trade or craftRegulations, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute section 200 et seq. Questions may be directed to the fund or funds in each craft or trade in which they employ journeypersons or apprentices State Division of Apprenticeship Standards, 455 Golden Gate Avenue, San Francisco, Califo▇▇▇▇ ▇▇▇▇▇.
(▇) ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇h all certification requirements for all workers on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do soProject including, it shall not be entitled to any additional compensation therefore from University.
6. In the event Consultant willfully fails to comply with this Paragraph VI.Dwithout limitation, it will be considered in violation of the requirements of the Agreementfor electrician certification in Labor Code sections 108 et seq.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
Sources: Master Services Agreement
APPRENTICES. 1. 11.4.1 Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, of the State of California Labor Code, are eligible to be employed by Consultant Design Professional and subcontractors or subconsultants consultants as apprentices for the Covered Services hereunder. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is trainingtraining and in accordance with prevailing wage law pursuant to the Labor Code, including but not limited to Section 1777.5. The Design Professional bears responsibility for compliance with this section for all apprenticeable occupations.
2. 11.4.2 Every apprentice shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. 11.4.3 When Consultant Design Professional or subcontractors or subconsultants consultants employ workers in any apprenticeship craft or trade for the Covered Services hereunder, Consultant Design Professional or subcontractors or subconsultants consultants shall apply to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeProject site, for a certificate approving Consultant Design Professional or subcontractors or subconsultants consultants under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea of the Project site. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons journeyworkers who shall be employed in the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every each 5 hours of journeyperson workjourneyworkers, except as permitted by law. Consultant Design Professional or subcontractors or subconsultants consultants shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons journeyworkers fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. 11.4.4 “Apprenticeship craft or trade,” ”, as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. 11.4.5 If Consultant Design Professional or subcontractors or subconsultants consultants employ journeypersons journeyworkers or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeProject site, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified area of the Project site are contributing, Consultant Design Professional and subcontractors or subconsultants consultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons journeyworkers or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant Design Professional may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant Design Professional fails to do so, it shall not be entitled to any additional compensation therefore from University.
6. 11.4.6 In the event Consultant Design Professional willfully fails to comply with this Paragraph VI.D11.4, it will be considered in violation of the requirements of the Agreement.
7. 11.4.7 Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant Design Professional or subcontractors or subconsultants consultants of journeyperson journeyworker trainees who may receive on-the-job training to enable them to achieve journeyperson journeyworker status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
APPRENTICES. 1(i) CONSULTANT acknowledges and agrees that, if this Agreement involves a dollar amount greater than or a number of working days greater than that specified in Labor Code section 1777.5, then this Agreement is governed by the provisions of Labor Code Section 1777.5. It shall be the responsibility of CONSULTANT to ensure compliance with this Article and with Labor Code section 1777.5 for all apprenticeship occupations.
(ii) Apprentices of any crafts or trades may be employed and, when required by Labor Code section 1777.5, shall be employed provided they are properly registered in full compliance with the provisions of the Labor Code.
(iii) Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which they are employed and shall be employed only at the work of the craft or trade to which they are registered.
(iv) Only apprentices, as defined in section 3077 of the State of California Labor Code Section 3077Code, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4chapter 4 (commencing at section 3070), Division division 3, of the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunderemployed. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is they are training.
2. Every apprentice shall be paid the standard wage (v) Pursuant to apprenticesLabor Code section 1777.5, under the regulations of the if that section applies to this Agreement as indicated above, CONSULTANT and any Subconsultants employing workers in any apprenticeable craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ workers in performing any apprenticeship craft or trade for the Covered Services hereunder, Consultant or subcontractors or subconsultants work under this Agreement shall apply to the applicable joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, committee for a certificate approving Consultant the CONSULTANT or subcontractors or subconsultants Subconsultant under the applicable apprenticeship standards for the employment and training of apprentices in the locality so identified. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons who journeymen employed in performing the work.
(vi) Pursuant to Labor Code section 1777.5, if that section applies to this Agreement as indicated above, CONSULTANT and any Subconsultant may be required to make contributions to the apprenticeship program.
(vii) If CONSULTANT or Subconsultant willfully fails to comply with Labor Code section 1777.5, then, upon a determination of noncompliance by the Administrator of Apprenticeship, it shall:
a. Be denied the right to bid or propose on any subsequent project for one (1) year from the date of such determination; and
b. Forfeit as a penalty to the COUNTY the full amount as stated in Labor Code section 1777.7. Interpretation and enforcement of these provisions shall be employed in accordance with the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every 5 hours of journeyperson work, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance rules and procedures of the approval certificate in each such craft or trade, employ California Apprenticeship Council and under the number authority of apprentices or the ratio Chief of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used (viii) CONSULTANT and all Subconsultants shall comply with Labor Code section 1777.6, which section forbids certain discriminatory practices in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Councilemployment of apprentices.
5. If Consultant or subcontractors or subconsultants employ journeypersons or (ix) CONSULTANT shall become fully acquainted with the law regarding apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 prior to commencement of the State Work. Special attention is directed to sections 1777.5, 1777.6, and 1777.7 of California the Labor Code, and there exists a fund for assisting to allay the cost title 8, California Code of the apprenticeship program in the trade or craftRegulations, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute section 200 et seq. Questions may be directed to the fund or funds in each craft or trade in which they employ journeypersons or apprentices State Division of Apprenticeship Standards, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇.
(x) CONSULTANT shall ensure compliance with all certification requirements for all workers on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do soProject including, it shall not be entitled to any additional compensation therefore from University.
6. In the event Consultant willfully fails to comply with this Paragraph VI.Dwithout limitation, it will be considered in violation of the requirements of the Agreementfor electrician certification in Labor Code sections 108 et seq.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
Sources: Professional Services Agreement
APPRENTICES. 1. 11.4.1 Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, of the State of California Labor Code, are eligible to be employed by Consultant Design Professional and subcontractors or subconsultants consultants as apprentices for the Covered Services hereunder. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is trainingtraining and in accordance with prevailing wage law pursuant to the Labor Code, including but not limited to Section 1777.5. The Design Professional bears responsibility for compliance with this section for all apprenticeable occupations.
2. 11.4.2 Every apprentice shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. 11.4.3 When Consultant Design Professional or subcontractors or subconsultants consultants employ workers in any apprenticeship craft or trade for the Covered Services hereunder, Consultant Design Professional or subcontractors or subconsultants consultants shall apply to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeProject site, for a certificate approving Consultant Design Professional or subcontractors or subconsultants consultants under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea of the Project site. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons journeyworkers who shall be employed in the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every each 5 hours of journeyperson work, except as permitted by law. Consultant Design Professional or subcontractors or subconsultants consultants shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons journeyworkers fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. 11.4.4 “Apprenticeship craft or trade,” ”, as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. 11.4.5 If Consultant Design Professional or subcontractors or subconsultants consultants employ journeypersons journeyworkers or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State of California Labor CodeProject site, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified area of the Project site are contributing, Consultant Design Professional and subcontractors or subconsultants consultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons journeyworkers or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant Design Professional may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant Design Professional fails to do so, it shall not be entitled to any additional compensation therefore from University.
6. 11.4.6 In the event Consultant Design Professional willfully fails to comply with this Paragraph VI.D11.4, it will be considered in violation of the requirements of the Agreement.
7. 11.4.7 Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant Design Professional or subcontractors or subconsultants consultants of journeyperson journeyworker trainees who may receive on-the-job training to enable them to achieve journeyperson journeyworker status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
APPRENTICES. 1Apprentices of any crafts or trades may be employed and, when required by Labor Code section 1777.5, shall be employed provided they are properly indentured to the Contract in full compliance with provisions of the Labor Code. The prime contractor shall bear the responsibility of compliance with Labor Code section 1777.5 for all apprenticeable occupations and agrees that he will comply with said section which reads: “Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works. Every apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he is employed, and shall be employed only at the work of the craft or trade to which he is registered.” Only apprentices, as defined in the State of California Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 44 (commencing with Section 3070), of Division 3, of the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunderon public works. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice he or she is training.
2. Every apprentice shall be paid When the standard wage contractor to apprenticeswhom the contract is awarded by the District, in performing any of the work under the regulations of the craft contract or trade at which the apprentice is employedsubcontract, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ employs workers in any apprenticeship apprenticeable craft or trade for trade, the Covered Services hereunder, Consultant or subcontractors or subconsultants contractor and subcontractor shall apply to the joint apprenticeship committee, which administers committee administering the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 area of the State site of California Labor Code, the public work for a certificate approving Consultant the contractor or subcontractors or subconsultants subcontractor under the apprenticeship standards for the employment and training of apprentices in the locality so identifiedarea or industry affected. However, approval as established by the joint apprenticeship committee or committees shall be subject to approval of the Administrator of Apprenticeship. The joint apprenticeship committee will issue a certificate fixing or committees, subsequent to approving the subject contractor or subcontractor, shall arrange for the dispatch of apprentices to the contractor or subcontractor in order to comply with this section. Every contractor and subcontractor shall submit contact award information to the applicable joint apprenticeship committee which shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices to be employed, and the approximate date the apprentices will be employed. There shall be an affirmative duty upon the join apprenticeship committee or committees administering the apprenticeship standards of the craft or trade in the area of the site of the public work to ensure equal employment and affirmative action in apprenticeship for women and minorities. Contractors or subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The ratio of work performed by apprentices to journeypersons journeymen who shall be employed in the craft or trade on the Covered Services hereunder. The public work may be the ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but , but, except as otherwise provided in this section, in no case shall the ratio be less than 1 one hour of apprentice work for every 5 five hours of journeyperson worklabor performed by a journeyman. However, the minimum ratio for the land surveyor classification shall not be less than one apprentice for each five journeymen. Any ratio shall apply during any day or portion of a day when any journeyman, or the higher standard stipulated by the joint apprenticeship committee, is employed at the job site and shall be computed on the basis of the hours worked during the day by journeymen so employed, except for the land surveyor classification. The Contractor shall employ apprentices for the number of hours computed as permitted above before the end of the contract. However, the Contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the job site. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Division of Apprenticeship Standards, upon application of a joint apprenticeship committee, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. The Contractor or subcontractor, if he is covered by law. Consultant or subcontractors or subconsultants shallthis section, upon the issuance of the approval certificate certificate, or if he has been previously approved in each such the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeypersons fixed journeymen stipulated in the certificate issued apprenticeship standards. Upon proper showing by the joint apprenticeship committee Contractor that he employs apprentices in such craft or present trade in the state on all of his contracts on an exemption certificate issued annual average of not less than one hour of apprentice work for every five hours of labor performed by a journeyman, or in the land surveyor classification, one apprentice for each five journeymen, the Division of Apprenticeship Standards.
4Standards my grant a certificate exempting the Contractor from the 1-to-5 hourly ratio as set forth in the section. This section shall not apply to contracts of general contractors or to contracts of specialty contractors not proposing work through a general or prime contractor, when the contracts of general contractors or those specialty contractors involve less than thirty thousand ($30,000) or 20 working days. This section shall not use any work performed by a journeyman in excess of eight hours per day or 40 hours per week to calculate the hourly ratio. “Apprenticeship Apprenticeable craft or trade,” as used in this Paragraphsection, shall mean means a craft or trade determined as an apprenticeship apprenticeable occupation in accordance with the rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant or subcontractors or subconsultants employ journeypersons or apprentices The joint apprenticeship committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a contractor from the 1-to-5 ratio set forth in this section when it finds that any apprenticeship craft or trade in one of the locality, if any, listed in the written authorization following conditions is met: a) Unemployment for the performance previous three-month period in such area exceeds an average of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it shall not be entitled to any additional compensation therefore from University15 percent.
6. In the event Consultant willfully fails to comply with this Paragraph VI.D, it will be considered in violation of the requirements of the Agreement.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
Sources: Public Works Contract
APPRENTICES. 1(i) Contractor acknowledges and agrees that, if this Agreement involves a dollar amount greater than or a number of working days greater than that specified in Labor Code section 1777.5, then this Agreement is governed by the provisions of Labor Code Section 1777.5. It shall be the responsibility of Contractor to ensure compliance with this Article and with Labor Code section 1777.5 for all apprenticeship occupations.
(ii) Apprentices of any crafts or trades may be employed and, when required by Labor Code section 1777.5, shall be employed provided they are properly registered in full compliance with the provisions of the Labor Code.
(iii) Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which they are employed, and shall be employed only at the work of the craft or trade to which they are registered.
(iv) Only apprentices, as defined in section 3077 of the State of California Labor Code Section 3077Code, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4chapter 4 (commencing at section 3070), Division division 3, of the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunderemployed. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice is they are training.
2. Every apprentice shall be paid the standard wage (v) Pursuant to apprenticesLabor Code section 1777.5, under the regulations of the if that section applies to this Agreement as indicated above, Contractor and any subcontractors employing workers in any apprenticeable craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ workers in performing any apprenticeship craft or trade for the Covered Services hereunder, Consultant or subcontractors or subconsultants work under this Agreement shall apply to the applicable joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, committee for a certificate approving Consultant the Contractor or subcontractors or subconsultants subcontractor under the applicable apprenticeship standards for the employment and training of apprentices in the locality so identified. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons who journeymen employed in performing the work.
(vi) Pursuant to Labor Code section 1777.5, if that section applies to this Agreement as indicated above, Contractor and any subcontractor may be required to make contributions to the apprenticeship program.
(vii) If Contractor or subcontractor willfully fails to comply with Labor Code section 1777.5, then, upon a determination of noncompliance by the Administrator of Apprenticeship, it shall:
a. Be denied the right to bid or propose on any subsequent project for one (1) year from the date of such determination; and
b. Forfeit as a penalty to the County the full amount as stated in Labor Code section 1777.7. Interpretation and enforcement of these provisions shall be employed in accordance with the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every 5 hours of journeyperson work, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance rules and procedures of the approval certificate in each such craft or trade, employ California Apprenticeship Council and under the number authority of apprentices or the ratio Chief of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used (viii) Contractor and all subcontractors shall comply with Labor Code section 1777.6, which section forbids certain discriminatory practices in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Councilemployment of apprentices.
5. If Consultant or subcontractors or subconsultants employ journeypersons or (ix) Contractor shall become fully acquainted with the law regarding apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 prior to commencement of the State Work. Special attention is directed to sections 1777.5, 1777.6, and 1777.7 of California the Labor Code, and there exists a fund for assisting to allay the cost title 8, California Code of the apprenticeship program in the trade or craftRegulations, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute section 200 et seq. Questions may be directed to the fund or funds in each craft or trade in which they employ journeypersons or apprentices State Division of Apprenticeship Standards, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇.
(x) Contractor shall ensure compliance with all certification requirements for all workers on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do soProject including, it shall not be entitled to any additional compensation therefore from University.
6. In the event Consultant willfully fails to comply with this Paragraph VI.Dwithout limitation, it will be considered in violation of the requirements of the Agreementfor electrician certification in Labor Code sections 108 et seq.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
Sources: Services Agreement
APPRENTICES. 1A. Contractor acknowledges and agrees that, if this Contract involves a dollar amount greater than or a number of working days greater than that specified in Labor Code section 1777 .5, then this Contract is governed by the provisions of Labor Code Section 1777.5. It shall be the responsibility of Contractor to ensure compliance with this Article and with Labor Code section 1777 .5 for all apprenticeship occupations.
B. Apprentices of any crafts or trades may be employed and, when required by Labor Code section 1777.5, shall be employed provided they are properly registered in full compliance with the provisions of the Labor Code.
C. Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he/she is employed, and shall be employed only at the work of the craft or trade to which she/he is registered.
D. Only apprentices, as defined in section 3077 of the State of California Labor Code Section 3077Code, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4chapter 4 (commencing at section 3070), Division division 3, of the State of California Labor Code, are eligible to be employed by Consultant and subcontractors or subconsultants as apprentices for the Covered Services hereunderemployed. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice he/she is training.
2. Every apprentice shall be paid the standard wage E. Pursuant to apprenticesLabor Code section 1777 .5, under the regulations of the if that section applies to this Contract as indicated above, Contractor and any Subcontractors employing workers in any apprenticeable craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ workers in performing any apprenticeship craft or trade for the Covered Services hereunder, Consultant or subcontractors or subconsultants Work under this Contract shall apply to the applicable joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, committee for a certificate approving Consultant the Contractor or subcontractors or subconsultants Subcontractor under the applicable apprenticeship standards for the employment and training of apprentices in the locality so identified. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons who journeymen employed in performing the Work.
F. Pursuant to Labor Code section 1777.5, if that section applies to this Contract as indicated above, Contractor and any Subcontractor may be required to make contributions to the apprenticeship program.
G. Contractor or Subcontractor willfully fails to comply with Labor Code section 1777.5, then, upon a determination of noncompliance by the Administrator of Apprenticeship, it shall:
(1) Be denied the right to bid or propose on any subsequent project for one (1) year from the date of such determination; and
(2) Forfeit as a penalty to the Court the full amount as stated in Labor Code section 1777. 7. Interpretation and enforcement of these provisions shall be employed in accordance with the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every 5 hours of journeyperson work, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance rules and procedures of the approval certificate in each such craft or trade, employ California Apprenticeship Council and under the number authority of apprentices or the ratio Chief of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used H. Contractor and all Subcontractors shall comply with Labor Code section 1777.6, which section forbids certain discriminatory practices in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Councilemployment of apprentices.
5. If Consultant or subcontractors or subconsultants employ journeypersons or I. Contractor shall become fully acquainted with the law regarding apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 prior to commencement of the State Work. Special attention is directed to sections 1777.5, 1777 .6, and 1777. 7 of California the Labor Code, and there exists a fund for assisting to allay the cost title 8, California Code of the apprenticeship program in the trade or craftRegulations, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute section 200 et seq. Questions may be directed to the fund or funds in each craft or trade in which they employ journeypersons or apprentices State Division of Apprenticeship Standards, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇.
J. Contractor shall ensure compliance with all certification requirements for all workers on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do soProject including, it shall not be entitled to any additional compensation therefore from University.
6. In the event Consultant willfully fails to comply with this Paragraph VI.Dwithout limitation, it will be considered in violation of the requirements of the Agreementfor electrician certification in Labor Code sections 108 et seq.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
Sources: Master Agreement
APPRENTICES. 1. Only apprentices, as defined (a) Apprentices used on Projects covered under this Agreement shall be registered in a joint labor management apprenticeship program approved by the State of California. Apprentices may comprise up to thirty percent (30%) of each craft’s workforce (calculated by hours worked) at any time, unless the standards of the applicable joint apprenticeship committee, confirmed by the DAS, establish a lower or higher maximum percentage. Where the standards permit a higher percentage, that percentage shall apply on Project Work. Where the applicable standards establish a lower percentage, the applicable Union will use its best efforts with the joint labor management apprenticeship committee and, if necessary, the DAS, to permit up to thirty percent (30%) of the total hours worked to be performed by apprentices.
(b) The Unions agree to cooperate with the Contractor in referring apprentices as requested up to the maximum percentage. The apprentice ratio for each craft shall be in compliance, at a minimum, with the applicable provisions of the California Labor Code Section 3077, who relating to utilization of apprentices. The District shall encourage such utilization both as to apprentices and the overall supply of experienced workers. The PLA Administrator will work with the Council to assure the appropriate utilization of apprentices and ensure that the Unions are in training under apprenticeship standards meeting their obligation to maximize the use of apprentices and written apprentice agreements under Chapter 4, Division 3, to meet the obligations of the State of California Labor Code, are eligible Targeted Hiring and Contracting Program consistent with this section.
(c) The Parties agree that apprentices will not be dispatched to Contractors working under this Agreement unless there is a journeyman working on the Project Site where the apprentice is to be employed by Consultant who is qualified to assist and subcontractors or subconsultants as apprentices for oversee the Covered Services hereunder. The employment and training of each apprentice shall be apprentice’s progress through the program in accordance with the provisions of the apprenticeship standards and written apprentice agreements under which the apprentice he is trainingparticipating.
2. Every apprentice (d) All apprentices shall be paid the standard wage to apprentices, work under the regulations direct supervision of a journeyman from the craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ workers A journeyman shall be defined as set forth in any apprenticeship craft or trade for the Covered Services hereunderCalifornia Code of Regulations, Consultant or subcontractors or subconsultants shall apply to the joint apprenticeship committeeTitle 8 (apprenticeship), section 205, which administers defines a journeyman as a person who has either completed an accredited apprenticeship in their craft, or has completed the equivalent of an apprenticeship standards in length and content of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, for a certificate approving Consultant or subcontractors or subconsultants under the apprenticeship standards for the employment experience and training of apprentices in the locality so identified. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons who shall be employed all other requirements in the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated which has workers classified as journeymen in the apprenticeship standards apprenticeable occupation. Should a question arise as to a journeyman’s qualification under which this subsection, the joint apprenticeship committee operates; but in no case Contractor shall provide adequate proof evidencing the ratio be less than 1 hour of apprentice work for every 5 hours of journeyperson work, except worker’s qualification as permitted by law. Consultant or subcontractors or subconsultants shall, upon a journeyman to the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant or subcontractors or subconsultants employ journeypersons or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it shall not be entitled to any additional compensation therefore from University.
6. In the event Consultant willfully fails to comply with this Paragraph VI.D, it will be considered in violation of the requirements of the Agreement.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
Sources: Project Labor Agreement
APPRENTICES. 1. Only apprenticesApprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as defined an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of California Labor Code Section 3077apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Design-Builder as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who are is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in training under apprenticeship standards and written apprentice agreements under Chapter 4, Division 3, excess of the State of California Labor Code, are eligible to ratio permitted under the registered program shall be employed by Consultant and subcontractors or subconsultants as apprentices paid not less than the applicable wage rate on the wage determination for the Covered Services hereunderwork actually performed. The employment Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and training wage rates (expressed in percentages of each apprentice the journeyman's hourly rate) specified in the Design-Builder's or subconsultant's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship standards and written program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice agreements under which the apprentice is training.
2. Every apprentice classification, fringes shall be paid the standard wage to apprentices, under the regulations of the craft or trade at which the apprentice is employed, and shall be employed only for the Covered Services hereunder in the craft or trade to which the apprentice is indentured.
3. When Consultant or subcontractors or subconsultants employ workers in any apprenticeship craft or trade for the Covered Services hereunder, Consultant or subcontractors or subconsultants shall apply to the joint apprenticeship committee, which administers the apprenticeship standards of the craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, for a certificate approving Consultant or subcontractors or subconsultants under the apprenticeship standards for the employment and training of apprentices in the locality so identified. The committee will issue a certificate fixing the number of apprentices or the ratio of apprentices to journeypersons who shall be employed in the craft or trade on the Covered Services hereunder. The ratio will not exceed that stipulated in the apprenticeship standards under which the joint apprenticeship committee operates; but in no case shall the ratio be less than 1 hour of apprentice work for every 5 hours of journeyperson work, except as permitted by law. Consultant or subcontractors or subconsultants shall, upon the issuance of the approval certificate in each such craft or trade, employ the number of apprentices or the ratio of apprentices to journeypersons fixed in the certificate issued by the joint apprenticeship committee or present an exemption certificate issued by the Division of Apprenticeship Standards.
4. “Apprenticeship craft or trade,” as used in this Paragraph, shall mean a craft or trade determined as an apprenticeship occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
5. If Consultant or subcontractors or subconsultants employ journeypersons or apprentices in any apprenticeship craft or trade in the locality, if any, listed in the written authorization for the performance of construction, alteration, demolition or repair work as defined in Section 1720 of the State of California Labor Code, and there exists a fund for assisting to allay the cost of the apprenticeship program in the trade or craft, to which fund or funds other contractors in the locality so identified are contributing, Consultant and subcontractors or subconsultants shall contribute to the fund or funds in each craft or trade in which they employ journeypersons or apprentices on the Covered Services hereunder in the same amount or upon the same basis and in the same manner done by the other contractors. Consultant may include the amount of such contributions in computing its compensation under the Agreement; but if Consultant fails to do so, it shall not be entitled to any additional compensation therefore from University.
6that determination. In the event Consultant willfully fails the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Design-Builder will no longer be permitted to comply with this Paragraph VI.D, it will be considered in violation of utilize apprentices at less than the requirements of applicable predetermined rate for the Agreementwork performed until an acceptable program is approved.
7. Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Consultant or subcontractors or subconsultants of journeyperson trainees who may receive on-the-job training to enable them to achieve journeyperson status in any craft or trade under standards other than those set forth for apprentices.
Appears in 1 contract
Sources: Contract for Design Build Services