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DLLR's Division of Labor and Industry

 

January 12, 2012 - Minutes of Public Meetings - Maryland Apprenticeship and Training Program

 

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Mr. William C. Taylor called the Council meeting to order at 9:07 a.m. at the Department of Labor, Licensing and Regulation, Lower Level Training Room, 1100 North Eutaw Street, Baltimore, Maryland 21201 and welcomed all Council members, staff and guests in attendance. New Apprenticeship Navigator, Paula Kuessner, was introduced to Council members.

PRESENT:

COUNCIL MEMBERS:
William C. Taylor - Chairperson Public Representative
James A. Williams, Sr. - Public Representative
Larry R. Greenhill, Sr. - Employee Representative
David W. Norfolk - Employee Representative
Robert F. Yeatman, Jr. - Employee Representative
Michelle L. Butt - Employer Representative
Edwin Cluster - Employer Representative
Christopher F. Kelly, Sr.- Employer Representative
Grant Shmelzer - Employer Representative

Robert H. Laudeman - USDL/OA Ex Officio Consultant to the Council

OTHERS:
J. Ronald DeJuliis - Commissioner of Labor and Industry, DLLR
Craig Lowry - Deputy Commissioner of Labor and Industry, DLLR
C. Edward Poarch II - MATP
Kelton Addison - MATP
Alfred M. FitzSimons - MATP
Kevin Johnson - MATP
Paula M. Kuessner - MATP
Karl J. Matzdorf - MATP
William W. Saxman - MATP
John P. Taylor - MATP
Marie Anderson - Heating and Air Conditioning Contractors of Maryland
Beth M. Arman - Community College of Baltimore County
Charles Ayres - Air Conditioning Contractors of America, National Capital Chapter
John Brown - Carpenters JAC of Philadelphia and Vicinity
Romina Byrd - Miller and Long
David Crothers - Union Memorial Hospital
Kevin M. Donohue - Mid-Atlantic Regional Council of Carpenters
Angelica Faulkner - Associated Builders and Contractors, Inc., Chesapeake Chapter
Kevin Gallimore - International Union of Operating Engineers, Local No. 99
David Herman - Kinsley Construction, Inc.
Robert E. Humbertson - Bricklayers and Allied Craftworkers, Local 1
Juan C. Jiminez - Operative Plasterers and Cement Masons, Local No. 891
Lisa D. Johnson - Associated Builders and Contractors, Inc., Metropolitan Washington Chapter
Norbert R. Klussman - Sheet Metal Workers Local No. 100 JATC, Washington, D.C. Area
Cindy Koenig - National Guard Apprenticeship Program
Frank Kollman - Kollman & Saucier, PA - Representing the Air Conditioning Contractors of America, National Capital Chapter
Jonathan R. Krasnoff - DLLR/OAG
Roger M. Lash, Jr. - International Brotherhood of Electrical Workers, Local No. 24
Major Robert A. Lee - National Guard Bureau
Warren Lupson - Air Conditioning Contractors of America, National Capital Chapter
Tony Matthews - Matthews & Pierce Masonry, Inc.
David A. McCord - Washington, D.C. Electricians JATC, I.B.E.W. Local No. 26
Patricia Mikos - MSDE
James Miller - Operative Plasterers and Cement Masons, Local No. 891
Mike Mooney - The American Legion
Troy Parham - State Highway Administration
Henry L. Pierce III - Matthews & Pierce Masonry, Inc.
Sabrina Raccuglia - State Highway Administration
Matthew Redabaugh - Bricklayers and Allied Craftworkers, Local 1
Kristen Reese - Bozzuto Management Company
Jason C. Roberts - Associated Builders and Contractors, Inc., Metropolitan Washington Chapter
Arthur E. Rodgers - International Union of Elevator Constructors, Local No. 7 JAC
Barbara Sardella - Kinsley Construction, Inc.
Scott Skokan - Bozzuto Management Company
Ellie Webb - Delaware Elevator
Debora Weinberg - The Johns Hopkins Hospital

I. Review and approval of the minutes of the November 8, 2011 Council meeting was postponed until the March 13, 2012 Council meeting.

Commissioner DeJuliis distributed two graphs to Council members that had been produced by the University of Baltimore's Jacob France Institute. One showed the changes in median annual earnings for the 2000 cohort of apprentices in the construction trades comparing all, those who completed and those who had been cancelled. The other graph showed median annual earnings for the 2000 cohort of apprentices comparing those in construction, machining and the service industries.

Council members were reminded of the Division of Labor and Industry's Employment Rights and Safety Forum that would be held on January 18, 2012 at Towson University. Commissioner DeJuliis explained that the intent of the forum was to show the public the various services provided by the Division of Labor and Industry.

II. DIRECTOR'S REPORT

A. Mr. Poarch informed Council members that for the month of November 2011 156 new apprentices were registered, 92 apprentices completed and there were 8,029 apprentices registered as of the end of that month. For December 2011 97 new apprentices were registered, 66 apprentices completed and there were 7,844 apprentices registered as of the end of the month.

B. Council members were informed that an update on the status of the Apprenticeship Training Fund regulations would be presented later in the Council meeting.

C. The Council was informed that a response had been received from DOL's Office of Apprenticeship to Maryland's application for continued recognition as an apprenticeship registration agency. Mr. Poarch added that there would be a discussion of that response later in the Council meeting.

D. Mr. Poarch also invited all Council members to attend the Division of Labor and Industry's Employment Rights and Safety Forum.

III. OLD BUSINESS:

A. PROGRAM REVISIONS:

1. Carpenters JAC of Philadelphia and Vicinity (Karl J. Matzdorf) - Revision to apprentice wage progression schedules for the occupations of Carpenter, Floor Layer and Millwright.

This item was tabled at the November 8, 2011 Council meeting in order for a representative of the sponsor to be in attendance at the next Council meeting.

Mr. Matzdorf informed Council members that Mr. John Brown was in attendance to represent the request.

Mr. Kelly asked whether this sponsor was from Philadelphia, Pennsylvania. Mr. Brown replied that the District Council's main training center was in Philadelphia and added that they also have a training center in Seaford, Delaware. He stated that his local's jurisdiction covered the Eastern Shore of Maryland.

A motion to approve this revision was made by Mr. Yeatman, seconded by Mr. Shmelzer and unanimously approved.

2. Matthews & Pierce Masonry, Inc. (Karl J. Matzdorf) - Revision to change related instruction from Penn Foster to the Mason Contractors of America Training Series as Penn Foster has discontinued providing related instruction for Bricklayer.

This item was tabled at the November 8, 2011 Council meeting in order for a representative of the sponsor to be in attendance at the next Council meeting.

Mr. Greenhill asked Mr. Matthews how many apprentices were employed by the company. Mr. Matthews responded that they have two apprentices. He then asked Mr. Matthews to explain to the Council how they recruited their apprentices. Mr. Matthews stated that they were a small company and usually worked from 40 to 65-70 employees. Usually, 25 to 30 are Laborers/Mason Tenders and those that show initiative are offered the chance to enter the apprenticeship program. He also stated that Saint Mary's Tech Center was a feeder school for the company. Mr. Greenhill asked whether they recruited from the schools in Charles County as well. Mr. Matthews replied that Charles County had discontinued their masonry program.

Mr. Shmelzer stated that he had not noted any set hours for related instruction and asked whether the instruction would be self-paced. Mr. Matthews replied that as of yet they did not use a classroom setting and added that it had been that way when he was an apprentice.

Mr. William Taylor inquired as to whether there were monthly reports on apprentice progress. Mr. Matthews responded that they did not have a log for hours of training in the field.

Mr. Shmelzer asked Mr. Matzdorf when the last program review for this apprenticeship program had been conducted. Mr. Matzdorf replied that he had made a visit to the sponsor to conduct one and that was when he had found that Penn Foster had discontinued providing related instruction for Bricklayer. Mr. Matzdorf offered to assist the sponsor with on-the-job training recordkeeping.

A motion to approve this revision was made by Mr. Cluster, seconded by Ms. Butt and unanimously approved.

IV. NEW BUSINESS:

A. NEW PROGRAMS:

1. Bozzuto Management Company (Alfred M. FitzSimons) - Occupation of Residential Maintenance Technician. Related instruction to be in-house. [Printed Standards Forms]

Mr. FitzSimons introduced Ms. Kristen Reese and Mr. Scott Skokan who were in attendance representing Bozzuto Management Company's request.

Mr. Greenhill asked about time schedules for related instruction classes. Ms. Reese responded that there were two community colleges in Maryland, Montgomery College and the Community College of Baltimore County, that provided classroom instruction specifically for apartment maintenance occupations and the related instruction schedule was based upon when those colleges offered the courses needed.

Mr. Shmelzer observed that many jurisdictions have license requirements that cover some of the work that would be performed by Residential Maintenance Technicians. He asked how apprentices would be trained if there was not a licensed journeyperson to supervise the training. Mr. Skokan replied that complex systems work was contracted out rather than performed by their own personnel.

Ms. Reese made Council members aware that they are in a customer service industry and that the work is done in people's homes. She stated that they were looking for people with the behavioral competencies to be successful in the hospitality industry who they could train to perform minor repairs.

Mr. Kelly stated that he was concerned that the proposed program did not provide enough time to adequately train someone.

Commissioner DeJuliis stated that the Council looks for minimum standards that are to be maintained. He recommended that there be further clarification of what individuals would be upon completion of the one year of training.

Mr. Kevin Gallimore of the International Union of Operating Engineers Local No. 99 stated that he was opposed to the approval and registration of this program as presented.

Mr. Shmelzer offered to work with the Bozutto Management Company and Mr. FitzSimons in order to clarify and refine just what the company was proposing to do.

A motion to table this request was made by Mr. Shmelzer, seconded by Mr. Williams and unanimously approved.

2. Kinsley Construction, Inc. (Alfred M. FitzSimons) - Occupations of Carpenter, Carpenter - Highway and Bridge and Ironworker. Related instruction to be in-house. Request to register an Affirmative Action Plan with apprentice selection procedures and goals and timetables for minority and female apprentices. [Printed Standards Forms}

Mr. Shmelzer inquired as to where the related instruction clases would be held. Mr. Herman replied that they have their training facility in York, Pennsylvania. He added that they also have a location in Timonium, Maryland that could be utilized for classroom training.

Mr. Shmelzer observed that they are requiring applicants to have a high school diploma or GED but only an eighth grade reading level. Mr. Herman stated that they do a basic reading and math test as a pre-requirement for the application and interview process. He went on to note that someone with a reading level below that of the eighth grade would have difficulty completing the related instruction curriculum. Mr. Shmelzer asked how that fit into the ranking of applicants. Mr. Herman replied that it was not used in ranking of applicants. It is only used in an overall evaluation of the applicants. Mr. Shmelzer stated that he wanted to see an applicant rating system.

Mr. Shmelzer asked why it had taken them so long to seek to register an apprenticeship program in Maryland. Mr. Herman responded that the volume of work that they perform in Maryland is increasing and they were looking to attract a workforce that would be closer to the work.

Mr. Yeatman asked how many of their apprentices registered in Pennsylvania were from Maryland. Mr. Herman replied that they had one; a resident of Monkton, Maryland. He added that they had attempted to recruit apprentices from Maryland high schools.

In response to a question from Mr. Norfolk, Mr. Herman explained the job functions of occupation of Carpenter - Highway and Bridge and explained how it differed from the occupation of Carpenter.

A motion to approve this program pending modifications to the apprentice selection procedure and a staff review of a proposed classroom facility in Timonium, Maryland was made by Mr. Shmelzer, seconded by Mr. Yeatman and unanimously approved.

A motion to approve the Affirmative Action Plan with apprentice selection procedures and goals and timetables for minority and female apprentices was made by Mr. Yeatman, seconded by Mr. Shmelzer and unanimously approved.

B. PROGRAM REVISIONS:

1. The Johns Hopkins Hospital (Alfred M. FitzSimons) - Revision to change the related instruction for the occupation of Carpenter from the Baltimore Metropolitan Chapter of Associated Builders and Contractors, Inc. to the Metropolitan Washington Chapter of Associated Builders and Contractors Inc.

A motion to approve this revision was made by Mr. Williams, seconded by Mr. Cluster and unanimously approved.

2. Union Memorial Hospital (Alfred M. FitzSimons) - Request for reactivation of Standards of Apprenticeship for the occupations of Maintenance Electrician and Plumber. Request to add the occupation of HVACR Technician with related instruction to be through the Baltimore Metropolitan Chapter of Associated Builders and Contractors, Inc.

Mr. Yeatman asked how the apprenticeship program had become inactive. Mr. Crothers replied that there had been personnel changes. The apprentice who they had had left and they did not have any qualified individuals to place into the apprenticeship program. They now have two individuals who they would like to register as apprentices.

A motion to approve the request for reactivation of Standards of Apprenticeship for the occupations of Maintenance Electrician and Plumber and the addition of the occupation of HVACR Technician with related instruction to be through the Baltimore Metropolitan Chapter of Associated Builders and Contractors, Inc. was made by Mr. Shmelzer, seconded by Mr. Williams and unanimously approved.

3. Plumbers and Steamfitters Local No. 489 JATC (William W. Saxman) - Revisions to Section 17 of the Standards - Responsibilities of Apprentices; Appendix E, Section VII - Alternative Selection Method and Appendix H - Self Elimination Point System.

A motion to approve this revision was made by Mr. Greenhill, seconded by Mr. Yeatman and unanimously approved.

C. PROGRAM REVIEWS (Five (5) or More Apprentices):

1. Air Conditioning Contractors of America, National Capital Chapter (Karl J. Matzdorf).

Mr. Matzdorf informed Council members that he had found that there was underutilization of women in the apprenticeship program. He also stated that the sponsor did not have applicants' rating sheets, interview records or an eligibility pool list. In practice, participating employers are selecting and hiring the apprentices and the sponsor is submitting their Apprenticeship Agreements for registration. Mr. Matzdorf went on to explain the approved Affirmative Action Plan and apprentice selection procedure for this apprenticeship program.

Mr. Kelly asked where the apprenticeship program was doing their related instruction. Mr. Warren Lupson responded that they are using Montgomery College and have been there for the past 22 years.

Mr. Greenhill inquired as to why they were not following their approved apprentice selection procedure. Mr. Kollman responded that they are doing Affirmative Action but are not doing the paperwork. He went on to state that they do not rate applicants as virtually everyone interested in getting into the apprenticeship program is accepted. He assured the Council that the sponsor would comply with whatever it is that the Council requests that they do.

Mr. Greenhill asked Mr. Matzdorf when this apprenticeship program had been previously reviewed. Mr. Marzdorf replied that the previous review had been performed in 1996.

Mr. Matzdorf asked Council members what the Council wanted to see done. Mr. Shmelzer responded that either at the next review of the program, the information that was not available for this review would be available then or that the sponsor amend their Affirmative Action Plan and apprentice selection procedure to do something different.

A motion to accept this review, with staff recommendations, was made by Mr. Greenhill, seconded by Mr. Yeatman and unanimously approved.

2. Associated Builders and Contractors, Inc., Metropolitan Washington Chapter (Karl J. Matzdorf).

Mr. Matzdorf informed Council members that the last review of this apprenticeship program had been performed in 1996. He went on to note that there was underutilization of women in the apprenticeship program and information was not available on apprentice selection.

Mr. Shmelzer asked Mr. Roberts what their plan was in regards to apprentice selection.

Mr. John Taylor observed that in both this review and the previous one, the Affirmative Action Plans were set up for the apprenticeship program sponsor to be the focal point for the recruitment and selection of apprentices. However, it appears that the individual participating employers have taken over that function which is a fundamental change.

Mr. Greenhill observed that at some future point, there needs to be a Council discussion of Affirmative Action Plan requirements. It was proposed that this discussion take place at the March 13, 2012 meeting. Mr. Shmelzer asked Mr. Krasnoff about what needed to be done about this situation. Mr. Krasnoff responded that the starting point should be the regulations.

A motion to accept this review, with staff recommendations was made by Mr. Shmelzer, seconded by Mr. Cluster and unanimously approved.

3. Sheet Metal Workers' Local Union No. 100 JATC, Washington, D.C. Area (Karl J. Matzdorf).

Mr. Matzdorf explained that there was also underutilization of women in this apprenticeship program. He stated that he had also found that the on-the-job training progress records were being maintained at the signatory contractors.

Mr. Shmelzer asked Mr. Norbert Klussman about on-the-job training records. Mr. Klussman responded that the program was in the process of updating the work cards and would have all of the work cards come to the training center.

A motion to accept this review, with staff recommendations, was made by Mr. Greenhill, seconded by Mr. Shmelzer and unanimously approved.

4. Washington, D.C. Electricians JATC, I.B.E.W. Local No. 26 (Karl J. Matzdorf).

Employee Representative Larry R. Greenhill, Sr. recused himself from this item of Council business.

A motion to accept this review, with staff recommendations, was made by Mr. Shmelzer, seconded by Kelly and unanimously approved.

5. Associated Builders and Contractors, Inc., Cumberland Valley Chapter (William W. Saxman).

A motion to accept this review, with staff recommendations, was made by Mr. Kelly, seconded by Mr. Yeatman and unanimously approved.

D. VOLUNTARY REQUESTS FOR CANCELLATION OF STANDARDS OF APPRENTICESHIP:

1. Good Humor - Breyers Ice Cream, Inc. effective December 9, 2011, R & H Electric, Inc. effective November 22, 2011 and Saint Paul's Christian Children's Center effective October 26, 2011.

A motion to approve the voluntary requests for cancellation of Standards of Apprenticeship for Good Humor - Breyers Ice Cream, Inc., R & H Electric, Inc. and Saint Paul's Christian Children's Center as per the dates requested was made by Mr. Kelly, seconded by Mr. Norfolk and unanimously approved.

E. OTHER BUSINESS:

1. Heating and Air Conditioning Contractors of Maryland (Karl J. Matzdorf) - Request to reregister an apprentice HVACR Technician with credit for on-the-job training and/or related instruction beyond the fifty percent (50%) level due to delayed registration.

A motion to approve this request was made by Mr. Greenhill, seconded by Mr. Yeatman and unanimously approved.

2. International Union of Elevator Constructors Local No. 10 JAC (Karl J. Matzdorf) - Request for after-the-fact re-registration and completion of an apprentice Elevator Constructor.

Employee Representative Robert F. Yeatman, Jr. recused himself from this item of Council business.

A motion to approve this request was made by Mr. Kelly, seconded by Mr. Norfolk and unanimously approved.

3. Council discussion of when it shall be required for an apprenticeship program sponsor or prospective sponsor to be in attendance when they have business before the Council.

Mr. John Taylor stated that at the November 8, 2011 Council meeting, two requests for revisions to Standards of Apprenticeship had been tabled as there were no representatives of either sponsor in attendance at the Council meeting. He went on to state that at the November 9, 2010 Council meeting, there had been a similar situation. At the January 11, 2011 Council meeting, the Council decided that there should be someone in attendance to represent the sponsor for requests for the registration of new apprenticeship programs and for requests for after-the-fact registration and completion of apprentices. Staff have a need to know when a representative of a sponsor needs to be in attendance so that they can advise sponsors accordingly and avoid having requests before the Council tabled.

Mr. Greenhill stated that apprenticeship is important business and that he believed that someone representing the sponsor should be in attendance anytime that a sponsor has a request before the Council. As a result of further discussion of the question, it was decided that in addition to new apprenticeship programs and after-the-fact registrations and completions, someone should be in attendance to represent a sponsor when that sponsor is requesting a revision to their apprenticeship program.

A motion to add program revisions to the list of when someone representing the sponsor needs to be in attendance was made by Mr. Greenhill, seconded by Mr. Shmelzer and unanimously approved.

Mr. William Taylor introduced Mr. Mike Mooney from the American Legion and Major Robert Lee from the National Guard Bureau.

Mr. Mooney stated that he was at the Council meeting to speak on behalf of the veterans of the State of Maryland; especially those who are transitioning from military service to the civilian workforce. He reviewed with the Council the efforts that are being made to match military skills to civilian occupations. He stated that the U.S. Department of Defense had identified a little over 100 military occupations that are directly transferable to civilian jobs. There was Council discussion of some of the factors putting limitations on the efforts to transition returning veterans to civilian occupations.

To follow on to the discussion, Major Lee provided the Council with an overview of the Returning Heroes and Wounded Warrior Tax Credits.

Mr. Poarch informed Council members that late in November a letter had been received from Mr. John Ladd of DOL's Office of Apprenticeship in response to Maryland's application for continued recognition as a state apprenticeship registration agency for federal purposes. Mr. Krasnoff provided the Council with a summary of that response. He noted that they had had a number of comments regarding Maryland's proposed revised Apprenticeship and Training Regulations. Some of those were minor matters that could easily be changed and some would require further discussion by the Council. He went on to review with the Council some of the major matters.

He also stated that DOL had raised concerns about Maryland's Apprenticeship Act as it pertains to the role of the Council as a decision making body and its relationship with the Division of Labor and Industry.

Mr. Krasnoff stated that the Department of Labor, Licensing and Regulation needed to make a response to the letter from Mr. Ladd by the end of February.

In response to a question from Mr. Yeatman, Mr. Krasnoff stated that he preferred to not provide legal advice to the Council in public session.

A motion to go into closed session in accordance with the State Government Article, §10-508 (7) and (8) for the purpose of receiving the legal advice of counsel was made by Mr. Yeatman, seconded by Mr. Williams and unanimously approved. The Maryland Apprenticeship and Training Council went into closed session at 12:18 p.m.

A motion to re-convene in public session was made by Mr. Yeatman, seconded by Mr. Williams and unanimously approved. The Maryland Apprenticeship and Training Council re-convened in public session at 12:37 p.m. Mr. William Taylor stated that the Council had obtained the legal advice of counsel.

A motion to reconvene the regulations subcommittee was made by Mr. Yeatman, seconded by Mr. Shmelzer and unanimously approved.

There being no further business to come before the Council, the meeting of the Maryland Apprenticeship and Training Council was adjourned at 12:40 p.m.

Respectfully submitted,

C. Edward Poarch II
Secretary
Maryland Apprenticeship and Training Council