SB 1227

Introduced by Senator Durazo
An act to add Chapter 11 (commencing with Section 19999.9) to Part 2.6 of Division 5 of Title 2 of the Government Code, relating to employment.
employment
Department of Industrial Relations: apprenticeship pilot program.
Existing law provides for the establishment of apprenticeship programs in various trades, to be approved by the Chief of the Division of Apprenticeship Standards within the Department of Industrial Relations in any trade in the state or in a city or trade area whenever the apprentice training needs justify the establishment.
This bill would require, on or before January 1, 2029, the Department of Industrial Relations (DIR) and the Department of Human Resources to partner with the bargaining units representing employees of DIR to design and develop an apprenticeship pilot program that addresses DIR’s staffing challenges. The
			 bill would require the design, development, and administration of the program to meet specified requirements, including being consistent with the constitutional merit principle applicable to civil service employment. The bill would require the program to meet specified requirements, including that the apprenticeship program classification pay scales be determined by the collective bargaining process. The bill would include related legislative findings and declarations.
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature finds and declares all of the following:
(1) Staff shortages undermine the ability of the Department of Industrial Relations (DIR) to enforce labor law in California.
(2) In recent years, DIR has had vacancy rates in excess of 25 percent with hundreds of positions in its labor law enforcement divisions remaining vacant for extended periods.
(3) Recent investigations of DIR by the California State Auditor demonstrate the way inadequate staffing at the Division of Occupational Safety and
				Health and the Division of Labor Standards Enforcement weakens the state’s enforcement of California’s worker protections statutes, limiting DIR’s investigative reach, and contributing to workload backlogs and long case processing timelines.
(4) Registered apprenticeship is a time-tested, skills- and merit-based means of developing and staffing workforces in numerous sectors of the economy.
(5) Registered apprenticeship programs can provide pathways to good paying jobs, providing family sustaining wages with competitive benefits and retirement packages.
(6) Apprenticeship has provided career pathways to middle-class jobs for members of historically marginalized communities.
(7) The State of California has historically used apprenticeship programs as means to staff civil service positions at the Department of Forestry and Fire Protection, the Department of Water Resources, the Department of Corrections and Rehabilitation, and the Department of Transportation.
(8) Courts have given a “free hand” to the Legislature “to fashion laws relating to personnel administration for the best interests of the [s]tate,” provided that these laws are consistent with the merit principle contained in the California Constitution, as discussed in California State Personnel Bd. v. California State Employees Assn., Local 1000, SEIU, AFL-CIO (2005) 36 Cal.4th 758, 767.
(b) Therefore, it is the intent of the Legislature to promote the interest of the state
				and California’s workers by supporting apprenticeship as a means to address longstanding staffing inadequacies at the Department of Industrial Relations.
SEC. 2.
Chapter 11 (commencing with Section 19999.9) is added to Part 2.6 of Division 5 of Title 2 of the
Government Code
, to read:
11.
Department of Industrial Relations Apprenticeship Pilot Program
19999.9.
This chapter shall be known and may be cited as the Department of Industrial Relations Apprenticeship Pilot Program.
19999.91.
For purposes of this chapter, both of the following definitions apply:
(a) “Apprenticeship program” or “program” means the apprenticeship pilot program or programs established pursuant to this
						  chapter.
(b) “Constitutional merit principle” means the merit principle contained in subdivision (b) of Section 1 of Article VII of the California Constitution.
19999.92.
(a) On or before January 1, 2029, the Department of Industrial Relations and the Department of Human Resources shall partner with the bargaining units representing employees of the Department of Industrial
						  Relations to design and develop an apprenticeship program that addresses the Department of Industrial Relation’s staffing challenges for filling positions in civil service classifications.
(b) The design, development, and administration of the apprenticeship program shall meet all of the following requirements:
(1) Use the meet and confer process, collective bargaining, and joint apprenticeship committees in a manner that is consistent with the requirements of the Ralph C.
						  Dills Act (Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1), the Shelley-Maloney Apprenticeship Labor Standards Act of 1939 (Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code), and the provisions of
						  the Labor Code governing apprenticeship.
(2) Be consistent with the constitutional merit principle, including, but not limited to, both of the following:
(A) Selection for participation in an apprenticeship.
(B) Completion of an apprenticeship under the
						  program.
(3) Notwithstanding subdivision (b) of Section 3517.8, be implemented subject to an agreement between the parties consistent with the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1).
(c) Notwithstanding any other law or regulation, a joint apprenticeship committee operating under this section shall have
						  all powers afforded to it by the Labor Code and the regulations pertaining to joint apprenticeship committees arising from the Labor Code.
(d) Consistent with the selection requirements of subparagraph (A) of paragraph (2) of subdivision (b), apprenticeship program candidates may include incumbent state employees and prospective state employees not yet employed in the civil service.
(e) The apprenticeship program shall meet all
						  of the following requirements:
(1) Apprenticeship program classification pay scales shall be determined by the collective bargaining process.
(2) Apprenticeship program participants hired into a civil service apprenticeship classification consistent with the merit requirements of subparagraph (A) of paragraph (2) of subdivision (b) shall accrue state service for purposes of seniority credit pursuant to applicable bargaining agreements and shall accrue service credit for retirement benefits pursuant to the Public Employees’ Retirement Law (Part 3 (commencing with Section
						  20000)) for time employed in a civil service apprenticeship classification.
(3) Apprenticeship program participants who successfully complete an apprenticeship program pursuant to the merit requirements of subparagraph (B) of paragraph (2) of subdivision (b) shall be considered as qualified and eligible for appointment to the journey classification by way of an apprentice transfer.
(f) The apprenticeship program is intended to augment state capacity and improve recruitment and retention efforts for hard-to-fill job classifications and shall not displace incumbent workers employed in state service.
(g) This section shall not be construed to limit the jurisdiction or authority of
						  the State Personnel Board with respect to the powers and authorities granted to it under the California Constitution.