NAC610.438. Ratio of apprentices to journeymen.  


Latest version.
  •      1. Except as otherwise provided in subsection 3, if an employer uses apprentices on a project, the ratio of apprentices to journeymen at a job site must be:

         (a) In all programs of apprenticeship in the construction industry, not more than one apprentice for the first journeyman at the job site and not more than one apprentice for every three additional journeymen; or

         (b) In all other programs of apprenticeship, not more than one apprentice for every one journeyman.

         2. Except as otherwise provided in subsection 3, the ratio of apprentices to journeymen employed in any occupation on a job site must not be greater than the ratio approved for the employer as to the entire workforce pursuant to the program registered with the Council.

         3. The Council may increase or decrease the ratio set forth in subsection 1 or 2 on its own initiative or at the request of a sponsor if the Council determines that a different ratio is consistent with the proper supervision, training, safety and continuity of employment of an apprentice, and, if applicable, with any provisions of a collective bargaining agreement.

         4. A program must report any proposed change in the ratio set forth in subsection 1 or 2 to the Council for its approval or denial.

         5. If the Council denies a proposed change in the ratio, it will inform the applicant of the reasons for its denial and state the necessary corrections to the program that must be made before the change will be approved.

         6. Except as otherwise provided in subsection 7, the applicant may resubmit the proposed change in the ratio to the Council for approval only if:

         (a) All of the corrections to the program required by the Council have been made; and

         (b) The Director determines that the proposed change in the ratio is suitable for resubmission to the Council.

         7. If the Director determines that a proposed change in the ratio is unsuitable for resubmission to the Council, the proposed change may be placed on the agenda of the Council upon the affirmative vote of three or more members of the Council.

     (Added to NAC by Apprenticeship Council, eff. 11-14-97; A by R142-01, 12-17-2001)

Notation

REVISER’S NOTE.

      The regulation of the State Apprenticeship Council filed with the Secretary of State on November 14, 1997 (LCB File No. R092-93), the source of this section (section 6 of this regulation), became effective on that date and contains the following provision not included in NAC:

      “The provisions of subsection 2 of section 6 of this regulation [NAC 610.438] do not apply to any decrease or increase in the ratio of apprentices to journeymen on a job site approved by the Council before October 2, 1997.”