Montana Code Annotated 2021



Part 1. General Provisions

Contents Of Apprenticeship Agreements -- Credit For Prior Training Or Experience

39-6-106. Contents of apprenticeship agreements -- credit for prior training or experience. (1) Apprenticeship agreements must contain:

(a) a statement of the occupation to be taught and the required hours for completion of apprenticeship, which must be at least 2,000 hours of reasonably continuous employment;

(b) a statement of the processes in the occupational divisions in which the apprentice is to be taught and the approximate amount of time to be spent at each process;

(c) a statement of the number of hours to be spent by the apprentice in related and supplemental instruction. The recommended number of hours is at least 144 hours a year.

(d) a statement that apprentices must be at least 16 years of age;

(e) a statement of the progressively increasing scale of wages to be paid the apprentice using the criteria established in 39-6-108;

(f) provision for a period of probation during which the department shall terminate an apprenticeship agreement at the written request of any participating party. After the probationary period, the department may terminate the registration of an apprentice upon agreement of the parties.

(g) provision that the services of the department may be used for consultation regarding the settlement of differences arising out of the apprenticeship agreement if the differences cannot be adjusted locally or in accordance with the established occupational procedure;

(h) provision that, if an employer is unable to fulfill an obligation under the apprenticeship agreement, the employer may transfer the obligation to another employer if the other employer has been approved as a training facility;

(i) provision for the specification of the ratio of apprentices to journeymen. The department shall continue to honor and recognize ratio provisions as established in existing labor/management bargaining agreements or as established by an industry practice.

(j) additional standards as may be prescribed in accordance with this chapter.

(2) An apprentice who, prior to entering into an agreement, has had training or experience in the occupation in which the apprentice is employed as an apprentice may be granted full or partial credit for the training or experience on the recommendation of the employer or the joint apprenticeship committee and with the approval of the department.

History: En. Sec. 4, Ch. 149, L. 1941; R.C.M. 1947, 41-1204; amd. Sec. 2, Ch. 272, L. 1979; amd. Sec. 30, Ch. 397, L. 1979; amd. Sec. 4, Ch. 538, L. 2005; amd. Sec. 4, Ch. 15, L. 2013.