APPRENTICE PROGRAMS
Subch. I of ch. 106 Cross-reference
Cross Reference: See also chs.
DWD 295 and
296, Wis. adm. code.
106.001
106.001
Definitions. In this subchapter:
106.001(1)
(1) "Apprentice" means any person who enters into an indenture with an employer or organization.
106.001(2)
(2) "Indenture" means any contract or agreement of service, express or implied, whereby an apprentice is to receive from or through the apprentice's employer, in consideration for the apprentice's services in whole or in part, instruction in any trade, craft or business.
106.001(3)
(3) "Organization" means an organization of employees, association of employers or other similar responsible agency in this state.
106.001 History
History: 1999 a. 83.
106.01
106.01
Apprenticeship indentures. 106.01(2)
(2) Every indenture shall be in writing and shall be executed in triplicate. One of the triplicate originals shall be delivered to the apprentice, one shall be retained by the employer and one shall be filed with the department at Madison.
106.01(3)
(3) Except as provided in
ss. 106.02,
106.025 and
106.03, any minor 16 years of age or over or any adult may, by the execution of an indenture, bind himself or herself as provided in this section for a term of service of not less than one year.
106.01(4)
(4) Every indenture shall be signed by the apprentice and the employer. If the apprentice has not reached 18 years of age, the indenture shall be signed also by one of the apprentice's parents. If both parents are dead or legally incapable of giving consent, the indenture shall be signed by the guardian of the minor or, if there is no guardian, by a deputy of the department.
106.01(5)(c)
(c) A statement of the trade, craft or business that the apprentice is to be taught, and the time at which the apprenticeship will begin and end.
106.01(5)(d)
(d) An agreement stating the number of hours to be spent in work, and the number of hours to be spent in instruction. During the first 2 years of an apprenticeship, the apprentice's period of instruction shall be not less than 4 hours per week or the equivalent. If the apprenticeship is for a longer period than 2 years, the total hours of instruction shall be not less than 400 hours. The total number of hours of instruction and work shall not exceed 55 per week, except that nothing in this paragraph shall be construed to forbid overtime work as provided in
sub. (7).
106.01(5)(e)
(e) An agreement as to the processes, methods or plans to be taught, and the approximate time to be spent at each process, method or plan.
106.01(5)(f)
(f) A statement of the compensation to be paid the apprentice.
106.01(5)(g)
(g) An agreement that a certificate shall be given the apprentice at the conclusion of the apprentice's indenture, stating the terms of indenture.
106.01(5i)(a)(a) The proper persons described in
sub. (4) may enter into an indenture with any employer or organization.
106.01(5i)(am)1.1. Upon entering into an indenture, an organization shall, with the written consent of the other parties to the indenture, and the written acceptance of the indenture by the proposed employer, assign the indenture to the proposed employer, and the proposed employer and the apprentice named in the indenture shall be bound by the terms of the indenture.
106.01(5i)(am)2.
2. The consent and acceptance described in
subd. 1. shall be executed in triplicate. One of the triplicate original consents and acceptances shall be delivered to the department, one to the employer and one to the apprentice, and in each case shall be attached to the proper indenture. The approval of the department is required in each transaction. An organization that enters into an indenture under
par. (a) shall have the exclusive right to assign the indenture, and the apprentice shall not be permitted to enter into any other indenture. The period transpiring before assignment to an employer shall not be credited toward the period of apprenticeship.
106.01(5i)(b)
(b) Any employer that has entered into an indenture may, with the approval of the department and the written consent of the other parties to the indenture, assign the indenture to any organization in this state. The period of time in which the organization is the assignee shall not be credited as time served by the apprentice. After the assignment, the organization shall, with the approval of the department and the written consent of the apprentice, reassign the indenture to an employer, but the apprentice shall not be bound by the assignment unless the assignee employer accepts, by signed instruments, the terms of the indenture and agrees to perform the unperformed obligations of the indenture. The consent and acceptance shall be executed in triplicate. One of the triplicate original consents and acceptances shall be delivered to the department, one to the assignee employer and one to the apprentice, and in each case shall be attached to the proper indenture. Upon acceptance of the indenture, the assignee employer shall for all purposes be considered a party to the indenture.
106.01(5i)(c)
(c) Any employer that has entered into an indenture may, with the written consent, executed in triplicate, of the other parties to the indenture and the approval of the department, assign the indenture to another employer whose written acceptance shall be executed upon the instrument of consent. One of the triplicate original consents and acceptances shall be delivered to the apprentice, one to the assignee employer and one to the department, and shall in each case be attached to the indenture in each party's possession. After assignment, the assignee employer shall perform the unperformed obligations of the indenture. The department shall continue to have jurisdiction over an indenture assigned under this paragraph and the parties bound after the assignment.
106.01(5j)
(5j) The department may on its own motion, or on the complaint of any person, after due notice and a hearing, make findings and issue orders declaring any indenture at an end if it is proved at the hearing that any apprentice, employer or organization that is a party to the indenture is unable to continue with the obligations under the indenture or has breached the indenture. Upon the termination of the indenture, the released apprentice shall be free to enter into a new indenture under any terms and conditions approved by the department that are not inconsistent with this section.
106.01(5k)
(5k) The department shall, upon request, furnish a copy of any instrument required to be filed with it under this section to any party whose name appears on the requested instrument.
106.01(6)
(6) An employer shall pay for the time an apprentice is receiving related instruction for no fewer hours than specified in
sub. (5) (d) at the same rate per hour as for services. 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.
106.01(7)
(7) An apprentice may be allowed to work overtime. All time in excess of the hours of labor as limited to the particular craft, industry, or business and as to the particular employer, shall be considered overtime. For overtime the apprentice's rate of pay shall be increased by the same percentage as the journeyman's rate for overtime is increased in the same industry or establishment.
106.01(8)
(8) If either party to an indenture fails to perform any of the stipulations of the indenture, the nonperforming party shall forfeit not less than one dollar nor more than $100, which is to be collected on complaint of the department, and paid into the state treasury. Any indenture may be annulled by the department upon application of either party and good cause shown.
106.01(9)
(9) 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.
106.01(10)
(10) It shall be the duty of all school officers and public school teachers to cooperate with the department and employers of apprentices to furnish, in a public school or any school supported in whole or in part by public moneys, any instruction that may be required to be given apprentices.
106.01 Annotation
The department was a necessary party to an action by a city employee for an allegedly discriminatory annulment of his apprentice indenture. Tillman v. City of Milwaukee,
715 F.2d 354 (1983).
106.02
106.02
Carpenters' apprentices. Every person, regardless of age, commencing a carpentry apprenticeship, shall enter into an indenture under and be subject to
s. 106.01, except that if the apprentice is 18 years or more of age the apprentice's signature only shall be necessary to bind the apprentice. A carpentry apprenticeship shall be for a period 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.
106.02 History
History: 1971 c. 213 s.
5;
1993 a. 492;
1999 a. 83.
106.025
106.025
Plumber apprenticeships. 106.025(1)
(1) The department may prescribe the conditions under which a person may serve a plumbing apprenticeship, as to preliminary and technical college attendance requirements, and the credit for school attendance in serving the apprenticeship.
106.025(2)
(2) Every person commencing a plumbing apprenticeship shall enter into an indenture 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.
106.025(3)
(3) After the expiration of an apprenticeship term, no apprentice may engage in the business of plumbing either as an apprentice or as a journeyman plumber unless the apprentice secures a journeyman plumber's license. In case of failure to pass the examination for the license, he or she may continue to serve as an apprentice but not beyond the time for reexamination for a journeyman plumber's license, as prescribed by the rules of the department.
106.025(4)
(4) In order that the apprentice may qualify at the end of apprenticeship as a skilled mechanic in the art of installing plumbing work, the department may prescribe the level of supervision of an apprentice and the character of plumbing work that the apprentice may do during the 3rd year of the apprenticeship term. An apprentice in the 4th or 5th year of the apprenticeship term may install plumbing under the direction or supervision of a master or journeyman plumber without either the master or journeyman being physically present, provided that the master plumber in charge shall be responsible for the work.
106.03
106.03
Real estate apprenticeships excluded. This chapter shall not apply to apprenticeships under
ch. 452.
EMPLOYMENT PROGRAMS
106.09
106.09
Public employment offices. 106.09(1)
(1) The department shall establish and conduct free employment agencies, license and supervise the work of private employment offices, do all in its power to bring together employers seeking employees and working people seeking employment, make known the opportunities for self-employment in this state, aid in procuring employment for the blind adults of the state, aid in inducing minors to undertake promising skilled employments, provide industrial or agricultural training for vagrants and other persons unsuited for ordinary employments, and encourage wage earners to insure themselves against distress from unemployment. It shall investigate the extent and causes of unemployment in this state and the remedies therefor in this and other countries, and it shall devise and adopt the most efficient means within its power to avoid unemployment, to provide employment, and to prevent distress from involuntary idleness.
106.09(2)
(2) Any county, city, town or village may enter into an agreement with the department for such period of time as may be deemed desirable for the purpose of establishing and maintaining local free employment offices, and it shall be lawful for any county, city, town or village to appropriate and expend the necessary money and to permit the use of public property for the joint establishment and maintenance of such offices as may be agreed upon, or in counties containing 250,000 inhabitants or more in any city, town or village therein to purchase a site and construct necessary buildings. Provided, that in any county, city, village or town therein, wherein there is a citizens' committee on unemployment, such committee may rent, lease, purchase or construct necessary buildings for the joint establishment and maintenance of such free employment office, subject to the approval of such plans by the department. The department may establish such free employment offices as it deems necessary to carry out the purposes of
ch. 108. All expenses of such offices, or all expenses not defrayed by the county, city, town or village in which an office is located, shall be paid from the appropriations to the department provided in
s. 20.445 (1) (ga) and
(n).
106.09(3)
(3) The department may rent, furnish and equip, except as provided in
sub. (2), such offices as may be needed in cities for the conduct of its affairs. All payments arising under this section shall be charged against the proper appropriation for the department.
106.09(5)
(5) The department is authorized and directed to cooperate with the U.S. employment service in the administration of its functions.
106.09(7)
(7) The department may, by rule, fix and collect fees for provision of employment services authorized but not funded by the U.S. employment service.
106.09 Cross-reference
Cross Reference: See also ch.
DWD 310, Wis. adm. code.
106.10
106.10
Veterans job training. The department shall cooperate with the U.S. department of veterans affairs in the performance of functions prescribed in
P.L. 79-679, 60 Stat. 934 and any acts amendatory thereof or supplementary thereto. The secretary may with the approval of the governor take all necessary steps in the making of leases or other contracts with the federal government in the adoption and execution of plans, methods and agreements to effectuate
P.L. 79-679.
106.10 History
History: 1971 c. 185 s.
1;
1971 c. 228; Stats. 1971 s. 101.25;
1977 c. 29,
272;
1989 a. 56;
1995 a. 27 s.
3693; Stats. 1995 s. 106.10.
106.11
106.11
Workforce investment programs. The department shall cooperate with the federal government in carrying out the purposes of the federal Workforce Investment Act of 1998,
29 USC 2801 to
2945. In administering the programs authorized by that act the department shall, in cooperation with other state agencies and with local workforce development boards established under
29 USC 2832, establish a statewide workforce investment system to meet the employment, training and educational needs of persons in this state.
106.12
106.12
Employment and education program administration. The department shall plan, coordinate, administer, and implement the youth apprenticeship program under
s. 106.13 (1) and such other employment and education programs as the governor may by executive order assign to the department. Notwithstanding any limitations placed on the use of state employment and education funds under this section or
s. 106.13 or under an executive order assigning an employment and education program to the department, the department may issue a general or special order waiving any of those limitations on finding that the waiver will promote the coordination of employment and education services.
106.13
106.13
Youth apprenticeship program. 106.13(1)
(1) The department shall provide a youth apprenticeship program that includes the grant programs under
subs. (3m) and
(4).
106.13 Note
NOTE: 2003 Senate Bill 44, enacted as
2003 Wis. Act 33, changed the term "board" to "department" in ten places in this section. Nine of the changes were vetoed but the change in sub. (1) was not vetoed.
106.13(2)
(2) The council on workforce investment established under
29 USC 2821, the technical college system board, and the department of public instruction shall assist the department in providing the youth apprenticeship program under
sub. (1).
106.13(2m)
(2m) The department shall approve occupations and maintain a list of approved occupations for the youth apprenticeship program. From the appropriation under
s. 20.445 (1) (a), the department shall develop curricula for youth apprenticeship programs for occupations approved under this subsection.
106.13(3)
(3) The youth apprenticeship program under
sub. (1) shall not affect any apprenticeship program that is governed by
ss. 106.01 to
106.03, except that an apprenticeship program that is governed by
ch. 106 may grant credit toward the completion of an apprenticeship for the successful completion of a youth apprenticeship under
sub. (1).
106.13(3m)(a)(a) In this subsection, "local partnership" means one or more school districts, or any combination of one or more school districts, other public agencies, as defined in
sub. (4) (a) 2., nonprofit organizations, as defined in
sub. (4) (a) 1r., individuals or other persons, who have agreed to be responsible for implementing and coordinating a local youth apprenticeship program.
106.13(3m)(b)
(b) From the appropriation under
s. 20.445 (1) (e), the department shall award grants to applying local partnerships for the implementation and coordination of local youth apprenticeship programs. A local partnership shall include in its grant application the identity of each public agency, nonprofit organization, individual, and other person who is a participant in the local partnership, a plan to accomplish the implementation and coordination activities specified in
subds. 1. to
6., and the identity of a fiscal agent who shall be responsible for receiving, managing, and accounting for the grant moneys received under this paragraph. Subject to
par. (c), a local partnership that is awarded a grant under this paragraph may use the grant moneys awarded for any of the following implementation and coordination activities:
106.13(3m)(b)1.
1. Recruiting employers to provide on-the-job training and supervision for youth apprentices and providing technical assistance to those employers.
106.13(3m)(b)2.
2. Recruiting students to participate in the local youth apprenticeship program and monitoring the progress of youth apprentices participating in the program.
106.13(3m)(b)3.
3. Coordinating youth apprenticeship training activities within participating school districts and among participating school districts, postsecondary institutions and employers.
106.13(3m)(b)4.
4. Coordinating academic, vocational and occupational learning, school-based and work-based learning and secondary and postsecondary education for participants in the local youth apprenticeship program.
106.13(3m)(b)5.
5. Assisting employers in identifying and training workplace mentors and matching youth apprentices and mentors.
106.13(3m)(b)6.
6. Any other implementation or coordination activity that the department may direct or permit the local partnership to perform.
106.13(3m)(c)
(c) A local partnership that is awarded a grant under
par. (b) may not use any of the grant moneys awarded to provide funding to a business that is operated for profit or to a nonprofit organization that represents business interests.
106.13(3m)(d)
(d) The amount of a grant awarded under
par. (b) may not exceed $900 per youth apprentice. A local partnership that is awarded a grant under
par. (b) shall provide matching funds equal to 50% of the grant amount awarded.
106.13(3m)(e)
(e) The following outcomes are expected of a local youth apprenticeship program that is funded under
par. (b):
106.13(3m)(e)1.
1. At least 80% of the youth apprentices who participate in the program for 2 years must receive a high school diploma on completion of the youth apprenticeship.
106.13(3m)(e)2.
2. At least 60% of the youth apprentices who participate in the program for 2 years must be offered employment by the employer that provided the on-the-job training for the youth apprentice on completion of the youth apprenticeship.
106.13(4)(a)1d.
1d. "Eligible employer" means an employer that is eligible to receive a grant under this subsection according to the criteria established by the department under
par. (d).
106.13(4)(a)2.
2. "Public agency" means a county, city, village, town, school district or technical college district or an agency of this state or of a county, city, village, town, school district or technical college district.
106.13(4)(b)
(b) From the appropriation under
s. 20.445 (1) (em), the department may award a grant to a public agency or a nonprofit organization, or to an eligible employer that is responsible for the on-the-job training and supervision of a youth apprentice. A public agency or nonprofit organization that receives a grant under this subsection shall use the funds awarded under the grant to award training grants to eligible employers that provide on-the-job training and supervision for youth apprentices. Subject to
par. (c), a training grant provided under this subsection may be awarded to an eligible employer for each youth apprentice who receives at least 180 hours of paid on-the-job training from the eligible employer during a school year, as defined in
s. 115.001 (13). The amount of a training grant may not exceed $500 per youth apprentice per school year. A training grant may not be awarded for any specific youth apprentice for more than 2 school years.
106.13(4)(c)
(c) Notwithstanding
par. (b), the department may award a training grant under this subsection to an eligible employer that provides less than 180 hours of paid on-the-job training for a youth apprentice during a school year, as defined in
s. 115.001 (13), if the department determines that it would be beneficial for the youth apprentice to receive on-the-job training from more than one eligible employer.
106.13(4)(d)
(d) The department shall establish eligibility criteria for a grant under this subsection. That criteria shall specify that eligibility for a grant shall be limited to small employers, as determined by the department, and to employers providing on-the-job training in employment areas determined by the department. Notwithstanding
sub. (5), those criteria need not be promulgated as rules.
