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DLLR's Division of Labor and Industry

 

March 13, 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 9:05 a.m. at the Washington, D.C. Electricians JATC, I.B.E.W. Local No. 26, 4371 Parliament Place, Suite A, Lanham, Maryland 20706 and welcomed all Council members, staff and guests in attendance. Mr. Charles Graham, Business Manager for I.B.E.W. Local No. 26, also welcomed the meeting to the JATC's training center.

Mr. William Taylor introduced Ms. Deyanira C. Alcantara and welcomed her to the Council. Ms. Alcantara noted that she is a Master Electrician and had had her own business for in Texas for eight years before coming to Maryland where she now serves as the Director of Apprenticeship and Workforce Development for I.E.C. Chesapeake, Inc.

PRESENT:

COUNCIL MEMBERS:
William C. Taylor - Chairperson Public Representative
James A. Williams, Sr. - Public Representative
Larry R. Greenhill, Sr. - Employee Representative
Michael J. McNelly - Employee Representative
David W. Norfolk - Employee Representative
Rosie L.D. Pointer - Employee Representative
Michelle L. Butt - Employer Representative
Christopher F. Kelly, Sr.- Employer Representative
George Maloney - Employer Representative
Grant Shmelzer - Employer Representative

Robert H. Laudeman - USDL/OA Ex Officio Consultant to the Council
Katharine M. Oliver - MSDE Ex Officio Consultant to the Council
Deyanira C. Alcantara - Consultant to the Council

OTHERS:
J. Ronald DeJuliis - 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
Michael L. Alexander - Baltimore City Joint Apprenticeship Committee
Larry A. Barker - Road Sprinkler Fitters Local Union 669
Dr. Thomas Barrett - Joint Carpentry Apprenticeship Committee of Washington, D.C. and Vicinity
Romina Byrd - Miller and Long
Brian S. Cavey - Heat and Frost Insulators and Allied Workers Local No. 24 JAC
Kevin M. Donohue - Mid-Atlantic Regional Council of Carpenters
Angelica Faulkner - Associated Builders and Contractors, Inc., Chesapeake Chapter
P.J. Goel - Goel Services, Inc.
Charles E. Graham - I.B.E.W. Local No. 26
Timothy T. Haley - Washington, D.C. Joint Plumbing Apprenticeship Committee
David Herman - Kinsley Construction, Inc.
Robert E. Humbertson - Bricklayers and Allied Craftworkers, Local 1
Lisa D. Johnson - Associated Builders and Contractors, Inc., Metropolitan Washington Chapter
Charles W. Ketner - Road Sprinkler Fitters Local Union 669 JATC
Norbert R. Klussman - Sheet Metal Workers Local No. 100 JATC, Washington, D.C. Area
Jonathan R. Krasnoff - DLLR/OAG
Carrie E. Liller - Associated Builders and Contractors, Inc., Metropolitan Washington Chapter
David A. McCord - Washington, D.C. Electricians JATC, I.B.E.W. Local No. 26
David L. McNair - Ironworkers Local No. 5 JATC
Jason C. Roberts - Associated Builders and Contractors, Inc., Metropolitan Washington Chapter
Hugh Riddell - Washington, D.C. Joint Plumbing Apprenticeship Committee
Deb Rohrbaugh - Kinsley Construction, Inc.
Kenneth M. Sellers - Plumbers and Pipefitters U.A. Local No. 782 JATC
David Smarte - Delaware Elevator
Jimmy Yuhase - Ironworkers Local No. 5 JATC

Commissioner DeJuliis thanked everyone in attendance for what they do on behalf of apprenticeship. He noted that Maryland had had over 10,000 apprentices prior to the downturn in the economy and stated he hoped to go back over that level as the economy improves and work becomes available.

The Commissioner reminded Council members of the work that had been done at the Victor Cullen Center, a facility for juveniles, where there had been training provided in the building and construction trades. That had led to some of the participants going into apprenticeship programs and gainful employment upon leaving that facility. Commissioner DeJuliis went on to note that the Division of Labor and Industry had held discussions with the Secretary of Corrections to start a training program in demolition where inmates would receive training in the building and construction trades while working to demolish closed correctional facilities. He stated that it was the Secretary of Correction's concept to select inmates with an aptitude for construction and who are close to their release dates.

Commissioner DeJuliis provided the Council with an update on the Division of Labor and Industry's Employment Rights and Safety Forum that had been held at Towson University in January. He noted that about 600 people had attended the forum. He went on to state that next year's forum would be expanded to a full day and cover more programs and have more speakers.

Council members were informed that the Commissioner's Construction Roundtable would resume after the General Assembly session ends. The Commissioner noted that it would probably be held the last Thursday in April and welcomed those interested to attend.

I. The first order of business was the approval of the minutes of the November 8, 2011 and January 10, 2012 Council meetings which were approved as submitted.

Mr. Shmelzer stated that both he and Mr. Greenhill had had some concerns about a further discussion of Affirmative Action Plans and apprentice selection procedures as had been noted in the minutes of the January 10, 2012 Council meeting. Mr. William Taylor replied that Mr. John Taylor had informed him that Mr. Krasnoff would be leading that discussion later in the meeting.

Mr. William Taylor stated that updated information had been received for Kinsley Construction, Inc. Mr. John Taylor reminded Council members that at the January 10, 2012 meeting, they had approved the Standards of Apprenticeship for Kinsley Construction, Inc. pending modifications to the apprentice selection procedure and a staff review of a proposed classroom facility in Timonium, Maryland. Mr. FitzSimons stated that he had reviewed the facility in Timonium that they would be using to conduct related instruction classes in Maryland. He also stated that the Council's concerns about the minimum qualifications and the apprenticeship applicant rating system had been addressed. Mr. David Herman of Kinsley Construction, Inc. explained to Council members the numerical ranking system that they would be using.

A motion to accept the modifications that the Council had requested at the January 10, 2012 Council meeting was made by Mr. McNelly, seconded by Mr. Shmelzer and unanimously approved.

II. NEW BUSINESS

A. PROGRAM REVISIONS:

1. Associated Builders and Contractors, Inc. Chesapeake Shores Chapter (Karl J. Matzdorf) - Revision to Standards of Apprenticeship to register additional methods of delivery of related instruction in the form of home study and NCCER's Contren Connect.

Mr. Shmelzer inquired as to how the additional methods of delivery of related instruction would be implemented. Ms. Faulkner replied that apprentices would still have to attend related instruction classes one night per week as well as the online instruction. She added that all tests and exams would take place in the classroom under the supervision of an instructor. She also noted that during the time that apprentices would be doing online instruction, an instructor would also be online to answer any questions that apprentices might have.

In response to a question from Ms. Pointer, Ms. Faulkner stated that any apprentice who did not have access to a computer at home could log onto the web site and do the instruction from any computer that they did have access to.

A motion to approve this revision with the understanding that at least fifty percent (50%) of the related instruction hours be physically in the classroom was made by Mr. McNelly, seconded by Mr. Maloney and approved with one abstention.

2. Sheet Metal Workers Local No. 100 JATC, Washington, D.C. Area (Karl J. Matzdorf) - Revision to section 5 of Standards of Apprenticeship (Term of Apprenticeship), section 7 (Suggested Schedule of Work Processes for Sheet Metal Apprentice), section 8 (Related Instruction) and a new Attachment No. 4 - Wage Scale for Apprentices in Four Year and Five Year Programs.

Mr. Klussman explained to Council members that technological changes in the industry have necessitated additional training requirements. He stated that the 5-year program would be phased in with new incoming apprentices. Apprentices already in the apprenticeship program would continue on in the 4-year program.

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

3 . Goel Services, Inc. (John P. Taylor) - Revision to Appendix III of Standards of Apprenticeship - Related Instruction Specific Information.

Mr. P.J. Goel informed Council members that the content of their related instruction curriculum has not been changed. Rather, they had found that it would be more efficient to have some of the classes that they had intended to do in-house be provided by outside vendors. He went on to explain that some of those classes would be conducted offsite and in 40 hour blocks. He also explained what arrangements would be made for apprentices to get to those classes.

A motion to approve this revision was made by Mr. Greenhill, seconded by Mr. Williams and approved with two abstentions.

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

1. Associated Builders and Contractors, Inc., Baltimore Metropolitan Chapter (Karl J. Matzdorf).

Employer Representative Michelle L. Butt recused herself from this item of Council business.

Mr. Matzdorf noted that he had found that there was under- utilization of women in this apprenticeship program. He also informed Council members that while apprentices are selected from the sponsor's eligibility list, participating employers also send employees that they have selected to be registered in the apprenticeship program.

Mr. Greenhill asked about what happens to people on the eligibility list. Ms. Butt responded that they stay on the eligibility list until they request to be removed from it. If they find a contractor while waiting, they will be registered as an apprentice.

Mr. Greenhill also inquired about the graduation rate for minorities. Ms. Butt replied that she would like to see it improve but made note of both current economic conditions as well as problems with getting plumbing apprentices to pass the licensing examination for Plumbers.

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

2. Plumbers and Pipefitters U.A. Local No. 782 JATC (Karl J. Matzdorf).

Mr. Matzdorf stated that there was underutilization of both minorities and women in the apprenticeship program despite documented outreach and recruitment efforts.

Mr. Krasnoff explained the difference between registered apprenticeship and the apprentice license issued by the Maryland Board of Plumbing in the Division of Occupational and Professional Licensing. He added that an individual cannot get a journey plumbing license without passing an examination. He observed that he understood from the Board that there are people who are "lifetime apprentices" because they do not take or cannot pass the licensing examination. He also added that both he and Mr. Poarch had attended the last meeting of the Maryland Board of Heating, Ventilation, Air Conditioning and Refrigeration Contractors to discuss a similar situation for that occupation.

Mr. McNelly asked whether someone from the Maryland Board of Plumbing could come before the Council to address the issue. He also asked that Mr. Laudeman coordinate advising U.S. Department of Labor personnel of the difference between "licensed apprentices" and "registered apprentices" as it applies to federal prevailing wage projects in the State of Maryland.

Mr. Greenhill asked Mr. Sellers about the number of contractors. Mr. Sellers replied that the number of signatory contractors varies as out-of-town contractors need to become signatory for the time that they are working in Local No. 782's jurisdiction.

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

C. PROGRAM REVIEWS (Fewer Than Five (5) Apprentices):

1. The following program reviews were performed and the programs were found to be conducted in a satisfactory manner. [No Council Action Required]:

a. Eckhardt Funeral Chapel (Karl J. Matzdorf) - Occupation of Mortician.

b. Eline Funeral Home (Karl J. Matzdorf) - Occupation of Mortician.

c. Matthews & Pierce Masonry, Inc. (Karl J. Matzdorf) - Occupation of Bricklayer.

d. Primo Electric Company (IES Commercial, Inc.) (Karl J. Matzdorf) - Occupation of Electrician.

2. The following program reviews were performed and deficiencies were found in the manner in which the programs were being conducted. Staff has provided technical assistance to the sponsors and the sponsors were sent letters informing them that follow-up reviews would be conducted or the sponsors have submitted requests for voluntary cancellation of Standards of Apprenticeship. [No Council Action Required]:

a. Frederick Manufacturing Division/SFA, Inc. (Karl J. Matzdorf) - Occupation of Machinist.

b. Larry Ay, Inc. (Karl J. Matzdorf) - Occupation of Plumber.

c. Painting and Decorating Contractors of America, Baltimore Chapter (Karl J. Matzdorf) - Occupation of Painter.

D. VOLUNTARY REQUESTS FOR CANCELLATION OF STANDARDS OF APPRENTICESHIP:

1. Associated Builders and Contractors, Inc., Eastern Shore Chapter effective July 25, 2011, Eckhardt Funeral Chapel effective December 20, 2011, Eline Funeral Home effective January 10, 2012, IES Commercial, Inc. (formerly Primo Electric Company) effective January 1, 2012, Larry Ay, Inc. effective December 19, 2011, Painting and Decorating Contractors of America, Baltimore Chapter effective December 21, 2011 and Soltera Defense Solutions, Inc. (formerly Frederick Manufacturing Division/SFA, Inc. effective December 14, 2011.

A motion to approve the voluntary requests for cancellation of Standards of Apprenticeship for Associated Builders and Contractors, Inc., Eastern Shore Chapter, Eckhardt Funeral Chapel, Eline Funeral Home, IES Commercial, Inc. (formerly Primo Electric Company), Larry Ay, Inc., Painting and Decorating Contractors of America, Baltimore Chapter, and Soltera Defense Solutions, Inc. (formerly Frederick Manufacturing Division/SFA, Inc. as per the dates requested was made by Mr. Greenhill, seconded by Mr. McNelly and unanimously approved.

E. OTHER BUSINESS:

1. Associated Builders and Contractors, Inc., Chesapeake Shores Chapter (Karl J. Matzdorf) - Request to register an apprentice Electrician 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. Maloney and unanimously approved.

2. Discussion of apprentice selection procedures (Jonathan R. Krasnoff).

Mr. Krasnoff distributed copies of the Equal Employment Opportunity in Apprenticeship and Training Regulations to the members of the Council. He stated that sponsors are required to adopt one of the four selection methods stated the regulations which are selection in rank order from a pool of eligible applicants, random selection from a pool of eligible applicants, selection from a pool if current employees in accordance with provisions of a collective bargaining agreement, if one exists or by a company's established promotion policy or an alternative selection method. He went on to explain a sponsor's obligations under each of the four selection methods. In addition, he stated that a sponsor using an alternative selection method could be required to adopt a different selection method if they were not meeting their Affirmative Action goals and timetables.

Mr. Shmelzer inquired about what is being done or will be done about those sponsors identified at the previous Council meeting as not following their approved selection procedures.

Mr. John Taylor asked Mr. Krasnoff if the requirements of an alternative selection method would be flexible enough to cover participating employers sending their existing employees to the sponsor to be registered provided that the sponsor was meeting its goals and timetables. Mr. Krasnoff responded that that would need to be considered by the Council on a case by case basis.

A motion to give direction to Mr. Krasnoff and staff to meet with those sponsors whose program reviews indicated that they were not following their presently approved selection procedures was made by Mr. McNelly, seconded by Mr. Shmelzer and unanimously approved.

Mr. John Taylor asked Mr. Laudeman when the U.S. Department of Labor would be putting a proposed revised Part 30 of Title 29 of the Code of Federal Regulations out for public comment and if there would be any differences in apprentice selection methods in the proposed revised 29CFR30. Mr. Laudeman replied that he did not have an answer to that question as he had not yet seen the proposed revised 29CFR30.

3. Report from the Regulations Subcommittee.

Mr. Krasnoff informed the Council that the regulations subcommittee had met in February to review the letter that had been sent by Mr. John Ladd, Administrator of DOL's Office of Apprenticeship, to Commissioner DeJuliis outlining the status of Maryland's application for continued recognition as a state apprenticeship registration agency for federal purposes. The subcommittee had developed a draft of a response to Mr. Ladd's letter and that letter had been sent to Mr. Ladd by the Commissioner on February 24, 2012. Copies of that letter had been sent to the members of the Council and Mr. Krasnoff provided the full Council with an overview of that letter.

Mr. Krasnoff stated that some the changes to Maryland's proposed revised Apprenticeship and Training regulations being requested by DOL's Office of Apprenticeship were relatively minor and could easily be made. Other changes would require additional work on the part of the regulations subcommittee. If changes are required to Maryland's apprenticeship statute, those changes would not be able to go before the General Assembly until the 2013 legislative session. Mr. Krasnoff recommended another meeting of the regulations subcommittee prior to the May 8, 2012 Council meeting to develop a draft of the minor changes that he could present to the Council for its review at the May meeting.

Mr. Greenhill made the Council aware a a bill before the current General Assembly session to establish a taskforce to do a study of apprenticeship.

There being no further business to come before the Council, the meeting of the Maryland Apprenticeship and Training Council was adjourned at 10:55 a.m.

Respectfully submitted,

C. Edward Poarch II
Secretary
Maryland Apprenticeship and Training Council