106.01 (5p) Termination of apprentice contract. The department may, on its own motion
, or on the complaint of any person, and after due notice, investigation, and, if requested by the apprentice, employer, or sponsor, a hearing, under sub. (9), may make findings and issue orders declaring any indenture at an end an order terminating an apprentice contract if it is proved at the hearing that any apprentice, employer, or organization sponsor that is a party to the indenture apprentice contract is unable to continue with the obligations under the indenture apprentice contract or has breached the
indenture apprentice contract. Upon the termination of the indenture apprentice contract, the released apprentice
shall be free to may enter into a new indenture apprentice contract under any terms and conditions approved by the department that are not inconsistent consistent with this section.
291,36
Section
36. 106.01 (5k) of the statutes is repealed.
291,37
Section
37. 106.01 (5m) (title) of the statutes is created to read:
106.01 (5m) (title) Assignment of apprentice contract.
291,38
Section
38. 106.01 (6) (title) of the statutes is created to read:
106.01 (6) (title) Related instruction.
291,39
Section
39. 106.01 (6) of the statutes is renumbered 106.01 (6) (a) and amended to read:
106.01 (6) (a) An employer shall pay an apprentice for the time an that the apprentice is receiving related instruction for no fewer hours than specified in sub. (5) (d) at the same rate per hour as for services as provided in this paragraph. An employer shall pay an apprentice for not less than the number of hours of related instruction specified in par. (b) or the number of hours of related instruction specified in the apprentice contract, whichever is greater, at the same rate per hour as the employer pays the apprentice for services performed.
(c) This subsection does not prohibit an agreement between the parties requiring the apprentice to take additional instruction on the apprentice's own time in excess of the number of hours required by statute. Attendance at school shall be certified by the teacher in charge under par. (b) or the apprentice contract, whichever is greater.
291,40
Section
40. 106.01 (6) (d) of the statutes is created to read:
106.01 (6) (d) The provider of related instruction to an apprentice shall submit reports on the grades and attendance of the apprentice to the department and the sponsor in accordance with standards set by the department.
291,41
Section
41. 106.01 (7) of the statutes is amended to read:
106.01 (7) Overtime. An apprentice may be allowed to work overtime. All time in excess of the hours of labor as limited to that are paid at an employee's regular rate of pay in the particular craft, industry, or business and as to by the particular employer, shall be considered overtime. For overtime the An apprentice's rate of pay for overtime shall be increased by the same percentage as the journeyman's journey worker's, rate of pay for overtime is increased in the same industry or establishment.
291,42
Section
42. 106.01 (8) of the statutes is amended to read:
106.01 (8) Nonperformance of apprentice contract. If either party to an indenture the apprentice or sponsor that is a party to an apprentice contract or an assignee employer fails to perform any of the stipulations of the indenture apprentice contract, the nonperforming party shall apprentice, sponsor, or assignee employer may be required to forfeit not less than one dollar $100 nor more than $100 $1,000, which is to be collected on complaint of the department, and paid into the state treasury. Any indenture may be annulled by In addition, the department may terminate an apprentice contract under sub. (5p) upon application of either any party and for good cause shown.
291,43
Section
43. 106.01 (9) of the statutes is amended to read:
106.01 (9) Authority of department. The department may investigate, fix reasonable classifications, issue rules and general or special orders, and, hold hearings, make findings, and render orders upon its findings as shall be necessary to carry out the intent and purposes of this section. The investigations, classifications, hearings, findings, and orders shall be made as provided in s. 103.005. Except as provided in sub. (8), the penalties specified in s. 103.005 (12) apply to violations of this section. Orders issued under this subsection are subject to review under ch. 227.
291,44
Section
44. 106.01 (10) of the statutes is renumbered 106.01 (6) (e) and amended to read:
106.01 (6) (e) It shall be the duty of all All school officers and public school teachers to shall cooperate with the department and employers and sponsors of apprentices to furnish, in a public school or any school supported in whole or in part by public moneys, any related instruction that may be required to be given apprentices.
291,45
Section
45. 106.01 (11) of the statutes is created to read:
106.01 (11) Rules. The department shall promulgate rules to implement this section, including rules providing for all of the following:
(a) The provisions that are required to be included in an apprentice contract.
(b) Procedures for approving and for rescinding approval of apprenticeship programs.
291,46
Section
46. 106.02 of the statutes is amended to read:
106.02 Carpenters' apprentices. Every person, regardless of age, commencing a carpentry apprenticeship, shall enter into an indenture apprentice contract under and be subject to s. 106.01, except that if the apprentice is 18 years or more of age or over only the apprentice's signature only shall be necessary to bind the apprentice. A carpentry apprenticeship shall be for a period term of 4 years, except that the department may upon the application of the apprentice or the employer, or both, extend that term for up to one additional year.
291,47
Section
47. 106.025 (2) of the statutes is amended to read:
106.025 (2) Every person commencing a plumbing apprenticeship shall enter into an indenture apprentice contract under s. 106.01. The term of a plumbing apprentice is 5 years, but the department may upon application of the apprentice, the apprentice's employer, or both, extend the term for up to one additional year.
291,48
Section
48. 106.03 of the statutes is amended to read:
106.03 Real estate apprenticeships excluded. This chapter shall subchapter does not apply to apprenticeships under ch. 452.
291,49
Section
49. 106.13 (3) of the statutes is amended to read:
106.13 (3) The youth apprenticeship program under sub. (1) shall not affect any apprenticeship program that is governed by ss. 106.01 to 106.03 subch. I, except that an apprenticeship program that is governed by ch. 106 subch. I may grant credit toward the completion of an apprenticeship for the successful completion of a youth apprenticeship under sub. (1).
291,50
Section
50. 145.01 (3) of the statutes is amended to read:
145.01 (3) Automatic fire sprinkler system apprentice. "Automatic fire sprinkler system apprentice" means any person other than an automatic fire sprinkler system contractor or a journeyman automatic fire sprinkler system fitter who is engaged in learning and assisting in the installation of automatic fire sprinkler systems and who is indentured under ch. 106 employed under an apprentice contract under s. 106.01.
291,51
Section
51. 145.07 (7) (a) of the statutes is amended to read:
145.07 (7) (a) A person shall be registered as a registered learner with the department without examination or training prequalifications and shall not be required to be indentured under ch. 106 employed under an apprentice contract under s. 106.01.
291,52
Section
52. 445.095 (3) of the statutes is amended to read:
445.095 (3) All apprentices shall be governed by subch. I of ch. 106 and apprenticeship rules of the department of workforce development.
291,53
Section
53. 454.10 (1) of the statutes is amended to read:
454.10 (1) All apprentices shall be indentured employed under an apprentice contract under s. 106.01 and shall be governed by s. 106.01, the apprenticeship rules of the department of workforce development, and the rules of the examining board.
291,54
Section
54.
Initial applicability.
(1) Apprentice contracts. The treatment of sections 106.001 (1), (2), (2m), (3), (4), (5), (6), and (7) and 106.01 (2), (3), (4), (5) (intro.), (a), (b), (c), (d), (e), (f), and (g), and (5i) (a), (am) 1. and 2., (b), and (c) of the statutes and the renumbering and amendment of section 106.01 (6) of the statutes first apply to an apprentice contract entered into on the effective date of this subsection, except that, if any of those provisions are inconsistent with a collective bargaining agreement, the inconsistent provision first applies on the day on which the collective bargaining agreement expires or is extended, modified, or renewed, whichever occurs first.
(2) Wisconsin apprenticeship council. The renumbering and amendment of section 15.227 (13) of the statutes and the creation of section 15.227 (13) (a) 1. to 6. and (b) of the statutes first apply to a member appointed to the Wisconsin apprenticeship council on the effective date of this subsection.
