General Provisions

CHAPTER 2. State Apprentices

§ 201. Declaration of policy.

It is declared to be the policy of this State to:

(1) Encourage the development of an apprenticeship and training system through the voluntary cooperation of management and labor and interested state agencies and in cooperation with other states and the federal government;

(2) Provide for the establishment and furtherance of standards of apprenticeship and training to safeguard the welfare of apprentices and trainees;

(3) Aid in providing maximum opportunities for unemployed and employed persons to improve and modernize their work skills;

(4) Contribute to a healthy economy by aiding in the development and maintenance of a skilled labor force sufficient in numbers and quality to meet the expanding needs of industry and to attract new industry.

19 Del. C. 1953, §  201;  54 Del. Laws, c. 10.

§ 202. Powers and duties of Department.

(a) The Department shall carry out the purposes of this chapter and its duties and powers shall include, but shall not be limited to:

(1) Establishing standards for apprenticeship in conformity with this chapter and applicable statutes and regulations of the federal government;

(2) Adopting such rules and regulations as may be necessary to carry out the intent and purpose of this chapter;

(3) Compiling such data on population and employment trends, industrial production, vocational and industrial education and job requirements as may be deemed necessary to carry out the intent and purpose of this chapter;

(4) Studying the effectiveness of apprenticeship programs and making recommendations in accordance with such programs for their improvement and to terminate, cancel or modify any apprenticeship programs in accordance with such programs;

(5) Maintaining close liaison with the Bureau of Apprenticeship and Training, the United States Department of Labor and such other agencies which carry on programs closely related to the purposes of this chapter;

(6) Conducting studies, surveys and investigations of the special problems of retraining or training unemployed or employed persons to improve or modernize work skills and make appropriate recommendations to cooperating agencies described above, local community organizations and local school boards;

(7) Acting as a convening agency in local communities to bring together local representatives of employee organizations, employers, educational agencies and industrial development agencies in order to promote closer local cooperation in establishing better apprenticeship and other training programs including programs for employed persons who wish to improve and modernize their work skills;

(8) Encouragement and promotion of the standards established in accordance with this chapter and with the basic standards of the Bureau of Apprenticeship and Training, United States Department of Labor;

(9) Bringing about the settlement of differences arising out of apprenticeship programs and agreements when the differences cannot be adjusted locally or in accordance with established trade procedure;

(10) Supervision of the execution of agreements and the maintenance of standards;

(11) Registration of apprenticeship programs and agreements;

(12) Keeping a record of apprenticeship agreements and programs and, upon performance thereunder, issuing certificates of completion of apprenticeship;

(13) Encouragement of liaison and cooperation between all private, state and federal agencies concerned with apprenticeship, trade and industrial training;

(14) Promotion of public awareness of apprenticeship and other occupational training;

(15) Keeping a record of the progress of apprenticeship and training programs initiated in accordance with this chapter; and

(16) Performing such other duties as may be necessary to give full effect to this chapter.

(b) No action affecting the status of a program shall be taken by the Department of Labor until an attempt has been made to bring the employees and employer together to settle the problem in conformity with the standards of the Department of Labor.

19 Del. C. 1953, §§  204, 206;  54 Del. Laws, c. 1057 Del. Laws, c. 669, §§  7A-7F

§ 203. Limitations.

This chapter shall apply only to persons, copartnerships, associations, corporations, political subdivisions, employer associations and organizations or associations of employees as voluntarily elect to conform with its provisions.

19 Del. C. 1953, §  207;  54 Del. Laws, c. 10.

§ 204. Training and apprenticeship programs.

(a) The State Department of Labor shall develop and conduct employee training and registered apprenticeship programs, in cooperation with participating appointing authorities and the Department of Human Resources. The Department of Human Resources shall assist appointing authorities in utilizing such programs, and in developing the apprenticeships which are established pursuant to this section.

(b) (1) The Secretary of the Department of Human Resources, in cooperation with the Department of Labor and other participating appointing authorities, shall develop and annually revise a list of employment classifications in the classified service which are appropriate for apprenticeship training by December 31.

(2) For purposes of the craft training requirement under § 6960A of Title 29, the Department of Labor shall maintain a list of crafts for which there are approved and registered craft training programs in this State as follows:

a. An updated list must be published by January 31 each year.

b. At the time of the annual January update, the list must include all of the following:

1. All of the crafts that had 1 or more active Delaware registered apprentices complete their apprenticeship during the previous 2 years.

2. The amount of the payment that satisfies the craft training requirement under § 6960A of Title 29 for each craft. The Secretary of Labor, with the concurrence of the Director of the Office of Management and Budget and the Controller General, shall establish the amount of the payment which shall be the average annual related technical instruction cost. The annual related technical instruction cost is calculated using the cost or tuition for 1 person to attend training for each craft in each adult education division vocational-technical school district offering training for the craft.

(3) The list of approved programs under paragraph (b)(2) of this section may be updated during the year to add craft training programs after a program is approved and registered.

(4) The amount of the payment under paragraph (b)(2)b.2. of this section must be reviewed at least once every 3 years and the review must consider all of the following:

a. The amount of moneys collected.

b. The number of additional programs created.

c. Changes in the cost or tuition for related technical instruction.

d. The number of contractors who have complied with the craft training requirement by making payments.

(c) The Apprenticeship and Training Section of the Department of Labor shall establish procedures for the coordination of programs developed under this section, in cooperation with the Secretary of the Department of Human Resources.

(d) Subject to the approval of the Secretary of the Department of Human Resources and the procedures established by the Apprenticeship and Training Section of the Department of Labor, each participating agency shall determine the location and positions in which apprenticeships are to be established.

(e) The Secretary of Labor shall include in the Secretary’s annual report the following:

(1) A review of the development and operation of training and apprenticeship programs.

(2) The current list of apprenticeable classifications.

(3) A summary of the agencies and types of positions involved.

(4) A summary of registered apprenticeships.

(5) The number of persons who applied for apprenticeship positions under this section.

(6) The number of persons who were accepted into the apprenticeship programs established under this section.

(7) The number of persons who successfully completed apprenticeships under this section and the number of persons who failed to complete apprenticeships under this section.

(8) The number of persons who remain employed after successfully completing apprenticeships.

(9) A summary of other training programs established.

(10) A summary of characteristics of applicants and participants in the program deemed pertinent by the Secretary of the Department of Human Resources.

(f) Nothing in this section may operate to invalidate or supersede a collective bargaining agreement of an employee organization and the State.

(g) The recruitment, selection, and training of apprentice trainees during their apprenticeship shall be without discrimination because of race, color, religion, national origin, or sex. The State will take affirmative action to provide equal opportunity in apprenticeship programs and will operate the training program as required under the State plan for equal employment in apprenticeship and training. For purposes of this subsection:

(1) “Protective hairstyle” includes braids, locks, and twists.

(2) “Race” includes traits historically associated with race, including hair texture and a protective hairstyle.

(h) The Department of Labor shall file a report on the development of apprenticeship programs in January, 1986.

65 Del. Laws, c. 92, §  170 Del. Laws, c. 186, §  175 Del. Laws, c. 88, §  20(5)81 Del. Laws, c. 66, § 1983 Del. Laws, c. 13, § 1383 Del. Laws, c. 129, § 1

§ 205. Apprenticeship and Training Fund.

(a) A special fund known as the Apprenticeship and Training Fund (“Fund”) is established and the State Treasurer shall invest the Fund consistent with the investment policies established by the Cash Management Policy Board. The State Treasurer shall credit interest to the Fund on a monthly basis consistent with the rate established by the Cash Management Policy Board.

(b) The following moneys must be deposited in the Fund:

(1) All payments made under § 6960A of Title 29.

(2) Any other money appropriated or transferred to the Fund by the General Assembly.

(c) The Department of Labor must allocate the money in the Fund at least annually, as follows:

(1) Twenty percent, after administrative costs, to the Apprenticeship and Training Section of the Department of Labor to do any of the following:

a. To promote and increase education and public awareness about registered apprenticeship and other occupational training.

b. To support pre-apprenticeship programs.

(2) Eighty percent, after administrative costs, to the Department of Education to support the related technical instruction of registered apprenticeship programs, including new areas of technical instruction for crafts that are in-demand by employers in this State, and to support pre-apprenticeship programs. The Department of Education shall disperse money from this Fund for the same purposes as other appropriations for adult trade extension and apprenticeship programs.

(3) No more than 15% of the money annually deposited into the Fund may be used for administering this Fund.

(d) Money in the Fund may not be used to supplant existing state funding.

(e) Notwithstanding paragraph (c)(3) of this section, money appropriated by the General Assembly to implement this section may be reimbursed from money received under this section.

83 Del. Laws, c. 129, § 2