Objections to state apprenticeship programs to follow a more consistent, efficient process per newly proposed standards

by <a href="mailto:brandyd@awcnet.org">Brandy DeLange</a>, <a href="mailto:briannam@awcnet.org">Brianna Morin</a> | Jan 12, 2024
A bipartisan apprenticeship bill would establish new procedures for submitting and reviewing objections regarding the formation and revision of apprenticeship programs.

A bipartisan apprenticeship bill would establish new procedures for submitting and reviewing objections regarding the formation and revision of apprenticeship programs.

HB 2087, from Reps. Suzanne Schmidt (R–Spokane Valley) and Mari Leavitt (D–University Place), builds on a 2022 law that promoted the increase of apprenticeship programs throughout Washington to expand the state’s workforce. Currently, in addition to reviewing, approving, and providing oversight of apprenticeship programs, Washington State must allow competing contractors to object to the approval of such programs, to their expansion or to some other aspect of a state-approved apprenticeship program.

According to HB 2087, the Apprenticeship and Training Council, who reviews and rules on objections, has seen significant backups due to “frivolous claims designed to delay or discourage business and labor organizations from developing apprenticeship programs.” As a result, the bill sponsors aim to create consistent standards for the Council to follow when adjudicating competitor objections.

The bill’s proposed standards include the following:

  • A competing contractor may object to an apprenticeship program if the program does not conform to Washington’s apprenticeship rules. 
  • An objecting competitor must have “standing based on standards established by the” Dept. of Labor and Industries (L&I) and must file the objection no fewer than 20 days prior to the scheduled review hearing.
  • If the Council determines that the competitor has standing:
    • The competitor may have the opportunity to explain their position.
    • The Council may allow the program sponsor 30 days to provide a rebuttal and to meet with the Council.
      • If the Council deems it necessary, L&I will investigate further and provide a recommendation to the Council on how to rule on the case.
      • The applicant, competitor and L&I staff will have the opportunity to provide testimony thereafter, at a special meeting with the Council.
      • The Council must rule on the objection at that meeting.
  • The Council may require a competitor to pay the program applicant’s attorney’s fees and costs

As the number of apprenticeship utilization requirements continue to increase, the bill’s streamlining is intended to create consistency and ease some of the challenges associated with standing up successful apprenticeship programs.

 

Dates to remember


HB 2087 is scheduled for public hearing in the House Labor & Workplace Standards Committee on Tuesday, January 16, at 10:30 am.

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