TITLE 11 LABOR AND WORKERS’ COMPENSATION
CHAPTER 1 LABOR GENERAL PROVISIONS
PART 3 PUBLIC
WORKS APPRENTICESHIP AND TRAINING ACT POLICY MANUAL
11.1.3.1 ISSUING
AGENCY: New Mexico Department of Workforce Solutions, Labor
Relations Division, Labor and Industrial Bureau, Public Works Unit.
[11.1.3.1 NMAC - Rp, 11.1.3.1 NMAC, 04/30/2014]
11.1.3.2 SCOPE:
All contractors, subcontractors, employers or any person acting as a contractor
employing laborers or mechanics on public works projects.
[11.1.3.2 NMAC - Rp, 11.1.3.2 NMAC, 04/30/2014]
11.1.3.3 STATUTORY
AUTHORITY: Section 13-4D-1 to 13-4D-8 NMSA 1978.
[11.1.3.3 NMAC - Rp, 11.1.3.3 NMAC, 04/30/2014]
11.1.3.4 DURATION:
Permanent.
[11.1.3.4 NMAC - Rp, 11.1.3.4 NMAC, 04/30/2014]
11.1.3.5 EFFECTIVE
DATE: 04/30/ 2014, unless a later date is written at the end of
section.
[11.1.3.5 NMAC - Rp, 11.1.3.5 NMAC, 04/30/2014]
11.1.3.6 OBJECTIVE:
The purpose of the Public Works Apprentice and Training Act is to ensure
funding, through contributions made by employers, to establish an
apprenticeship program that will develop skilled building trades’ craftsmen in
occupations recognized by the United States department of labor, office of
apprenticeship or the New Mexico state apprenticeship agency. The funding will
ensure adequate training during economic downturns, increase the number of New
Mexicans possessing skills that will enhance their opportunities for employment
and maintain the high standards of craftsmanship in our state.
[11.1.3.6 NMAC - Rp, 11.1.3.6 NMAC, 04/30/2014]
11.1.3.7 DEFINITIONS:
A. “Approved program” means building
trades apprenticeship and training programs in New Mexico that are recognized
by the United States department of labor, office of apprenticeship or the New
Mexico state apprenticeship agency.
B. “Qualified apprentices” mean
participants in approved apprenticeship and training programs that have had 90%
of 144 hours of classroom instruction and not less than 1000 hours of
on-the-job training for the fiscal year.
[11.1.3.7 NMAC - Rp, 11.1.3.7 NMAC, 04/30/2014]
11.1.3.8 DISBURSEMENT/CREATION
OF FUNDS: The director of the labor relations division, New Mexico
department of workforce solutions, shall disburse the public works apprentice
and training fund in accordance with NMSA 1978, Section 13-4D-5.
A. The director shall develop an annual
budget taking into account the crafts that participated in the same fiscal year
beginning July 1 and ending the following year on June 30.
B. The director shall utilize no more
than 15% of the funds to be used by the public works unit to administer the
Public Works Apprentice and Training Act.
C. The remainder of the funds shall be
disbursed by the director to approved apprenticeship and training programs in
New Mexico.
(1) Disbursement of funds. The
director shall disburse the funds to approved apprenticeship and training
programs in proportion to amount collected and participants within such
programs.
(a) The director, in
disbursing the funds, shall take into account participants who have had 90% of
144 hours of classroom instruction and not less than 1000 hours of on-the-job
training for the fiscal year.
(b) The funds shall be
disbursed in proportion to the number of qualified apprentices within each
approved program.
(2) Method of calculation. The
director shall take into account the number of participants in each approved
program, the total amount collected (minus the administrative fee) divided by
the total amount of approved participants for that fiscal year and disburse to
each participating sponsor.
|
EXAMPLE:
MULTIPLE PROGRAMS |
|
|
Funds
collected by public works unit: |
|
|
Hours times contribution (1000 times $.50/hour) |
$500.00 |
|
Minus 15% administration fee |
-$75.00 |
|
Funds
available |
$425.00 |
|
|
|
|
Approved
apprenticeship programs |
Qualified
apprentices |
|
Associated builders and contractors |
20 |
|
Northern New Mexico IEC |
80 |
|
Ironworkers JATC |
20 |
|
Plumbers and pipefitters JATC |
100 |
|
Total apprentices |
220 |
|
Funds
available divided by participants ($425.00 divided by 220) |
$1.9318/participant |
|
Programs |
Participants |
Amount
per participant |
Amount
to be distributed |
|
ABC |
20 |
$1.9318 |
$38.64 |
|
NNMIEC |
80 |
$1.9318 |
$154.54 |
|
IEC
Las Cruces |
20 |
$1.9318 |
$38.64 |
|
Electricians
JATC |
100 |
$1.9318 |
$193.18 |
|
Total |
|
|
$425.00* |
|
*Any remaining amount reverts to the public works
apprentice and training fund. |
|||
D. A single apprentice contribution
rate will be determined annually by the director. All approved apprenticeship
and training programs shall submit to the director by July 30 of each year, the
apprenticeship costs data for the program’s most recent completed fiscal year
and the total number of registered apprentices. The director will take into
account all submissions in determining the apprenticeship contribution rate
that will be in effect on qualifying public works projects at the beginning of
each new calendar year.
[11.1.3.8 NMAC - Rp, 11.1.3.8 NMAC, 04/30/2014]
11.1.3.9 STATEMENT
OF COMPLIANCE ON CERTIFIED PAYROLLS: Statement
of compliance on certified payrolls shall contain a statement identifying the
program approved by the United States department of labor, office of
apprenticeship or the New Mexico state apprenticeship agency or paid to the
public works apprentice and training fund.
A. A monthly record of contributions
shall be submitted to the public works unit of the labor relations division,
New Mexico department of workforce solutions, identifying the project by state
wage decision number, week ending, employee’s name, number of hours, and rate
in the following format by all contractors/subcontractors employing
laborers or mechanics requiring apprenticeship contributions in the following
sample form.
|
EXAMPLE:
COMPLIANCE STATEMENT |
|
|||||||||
|
WAGE DECISION NO.: |
(SA 93-990 A and B) |
|
||||||||
|
NAME OF PROJECT: |
(Constr. Of Labor and Industrial Div. Offices/Street
Paving) |
|
||||||||
|
NAME OF COMPANY: |
(XYZ CONSTRUCTION CO., INC.) |
|
||||||||
|
ADDRESS: |
(111 Oak St., Santa Fe, NM 87501) |
|
||||||||
|
PAYMENT FOR MONTH/YEAR: (APRIL) 20 (xx) TOTAL OF CHECK:
$12.75 CHECK NO. (17895) |
|
|||||||||
|
EMPLOYEE |
WK END |
WK END |
WK END |
WK END |
WK END |
TOTAL HOURS |
RATE/HOUR |
TOTAL CONTRIB. |
||
|
|
(4/2) |
(4/09) |
(4/16) |
(4/23) |
(4/30) |
|
|
|
||
|
(John
Doe) |
2 |
0 |
3 |
5 |
5.5 |
15.5 |
$.50 |
$7.75 |
||
|
(Tom
Smith) |
0 |
0 |
5 |
0 |
5.0 |
10.0 |
$.50 |
$5.00 |
||
|
SIGNATURE |
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B. The above information shall be submitted
no later than the 15th of the following month with a copy of check paid to
apprenticeship and training fund by contractors that do pay into an
approved apprenticeship and training program in New Mexico.
C. A monthly check of contributions and
the above compliance statement shall be submitted by contractors that do not
participate in an approved apprenticeship and training program to the
apprenticeship and training fund, labor relations division, New Mexico
department of workforce solutions.
D. A notation shall be made in each
certified payroll indicating where payment is being sent when applicable.
E. The director shall publish a list of
approved apprenticeship and training programs in New Mexico to be furnished
upon request.
[11.1.3.9 NMAC - Rp, 11.1.3.9 NMAC, 04/30/2014]
HISTORY OF 11.1.3 NMAC:
Pre-NMAC History: The
material in this part was derived from that previously filed with the State
Records Center:
PWAT 93-1, Rules and Regulations under the New Mexico Public
Works Apprenticeship and Training Act, filed 6/24/93.
History of
Repealed Material:
11 NMAC 1.3, Public Works Apprenticeship and Training
Act Policy Manual, filed 7/23/1998, repealed 04/30/2014.