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DLLR's Division of Labor and Industry

 

May 8, 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 9:06 a.m. at the City of Baltimore Cylburn Arboretum Vollmer Center, 4915 Greenspring Avenue, Baltimore, Maryland 21209 and welcomed all Council members, staff and guests in attendance. He thanked Mr. Michael Alexander, Administrator of the Baltimore City Joint Apprenticeship Program for facilitating the Maryland Apprenticeship and Training Council meeting. Ms. Sharon Green Middleton, Baltimore City Council member for the Sixth District, welcomed the meeting to her City Council district and gave an overview of some of the activities carried out at the arboretum.

PRESENT:

COUNCIL MEMBERS:
William C. Taylor - Chairperson/Public Representative
James A. Williams, Sr. - Public Representative
Michael J. McNelly - Employee Representative
David W. Norfolk - Employee Representative
Michelle L. Butt - Employer Representative
Edwin Cluster - Employer Representative
Grant Shmelzer - Employer Representative
Robert H. Laudeman - USDL/OA 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
Alfred M. FitzSimons - MATP
Kevin Johnson - MATP
Karl J. Matzdorf - MATP
William W. Saxman - MATP
John P. Taylor - MATP
Michael L. Alexander - Baltimore City Joint Apprenticeship Committee
Stephanie Anderson - Heating and Air Conditioning Contractors of Maryland
Beth M. Arman - Community College of Baltimore County
Larry A. Barker - Road Sprinkler Fitters Local Union 669
Pam Beckham - City of Baltimore
Louis DeGraff - Maryland Laborers’ Joint Apprenticeship and Training Committee
Gary English - American Federation of State, County and Municipal Employees Local No. 44
David Eppelheimer - J.F. Sobieski Mechanical Contractors, Inc.
Angelica Faulkner - Associated Builders and Contractors, Inc., Chesapeake Shores Chapter
Joe Griffin - Loyola University Maryland
Maxine Holmes - City Union of Baltimore
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
Jonathan R. Krasnoff - DLLR/OAG
Aaron Lloyd - O’Donoghue & O’Donoghue LLP representing Road Sprinkler Fitters Local Union 669 JATC
David A. McCord - Washington, D.C. Electricians JATC, I.B.E.W. Local No. 26
David L. McNair - Ironworkers Local No. 5 JATC
Sharon Middleton - DLLR/DLI
Patricia Mikos - MSDE
Larissa Parrish - City of Baltimore Labor Commission
Matthew Redabaugh - Bricklayers and Allied Craftworkers Local 1
Jason C. Roberts - Associated Builders and Contractors, Inc., Metropolitan Washington Chapter
Arthur E. Rodgers - International Union of Elevator Constructors, Local No. 7 JAC
David Smarte - Delaware Elevator
Sean T. Straser - Steamfitters Local No. 602 JATC
Robert Wallett - Loyola University Maryland
Randy Watson - Department of Public Safety and Correctional Services
Jimmy Yuhase - Ironworkers Local No. 5 JATC

I. The first order of business was the approval of the minutes of the March 13, 2012 Council meeting.

Mr. Shmelzer inquired as to whether there had been staff follow-up on those apprenticeship program sponsors who had been found not to be following their approved and registered apprentice selection procedures. Mr. Matzdorf responded that he had met with two of the three of those sponsors and had scheduled a meeting with the third one. They will be coming back before the Council when they have reached a decision on how they intend to resolve those issues. Depending upon when there is another follow-up meeting with them, they would have something to present to the Council at either the July 10, 2012 Council meeting or the September 11, 2012 meeting.

The minutes of the March 13, 2012 Council meeting were approved as submitted.

II. DIRECTOR’S REPORT

A. Mr. Poarch informed Council members that he and Commissioner DeJuliis had been meeting with the State Highway Administration. The State Highway Administration is looking at doing some type of Heavy Equipment Operator training that could eventually lead to becoming an apprenticeship program. He and the Commissioner had also continued to meet with Secretary Gary D. Maynard of the Department of Public Safety and Correctional Services regarding using the demolition of the closed prison facility in Jessup, Maryland to provide training for inmates.

B. Council members were informed that the new electronic certified payroll process had been put in place. That new system will allow the tracking of apprentices across projects. Mr. Shmelzer inquired as to when the next wage survey would come out. Mr. Poarch replied that the survey would open on September 1, 2012 and close on October 31, 2012, the 60-day period required by law, and the results would be posted on December 1, 2012.

C. Mr. Poarch stated that the staff had had to do a considerable amount of work to respond to a number of Public Information Act (PIA) requests that had come from attorneys. Mr. McNelly questioned whether there were avenues available to direct requesters to more narrowly state their requests to lessen the impact on the staff. Mr. Krasnoff stated that he had worked with PIA requests for a number of years and observed that the State had been criticized on several occasions for asking requesters why they wanted the information or offering help to narrow the request. He went on to state that strictly speaking, under the PIA, it is generally not acceptable to question requesters as to why they want the information that they are requesting.

III. NEW BUSINESS

A. NEW PROGRAMS:

1. First Class Electric, Inc. (Alfred M. FitzSimons) – Occupation of Electrician. Related instruction to be through Delcastle Vo-Tech in Wilmington, DE. [Printed Standards Forms]

Mr. FitzSimons presented this request for registration of Standards of Apprenticeship to the Council. He noted that he had requested that a representative of the company be in attendance at the Council meeting; however, no one from the company had arrived. Mr. William Taylor suggested holding this item until later in the meeting to allow additional time for a company representative to get to the Council meeting. When by the end of the meeting no one had arrived to represent the company, it was recommended that this request be tabled.

A motion to table this request until the July 10, 2012 Council meeting in order for a representative of the company to be in attendance at the Council meeting was made by Mr. McNelly, seconded by Mr. Shmelzer and unanimously approved.

2. Loyola University Maryland (Alfred M. FitzSimons) – Occupation of Maintenance Electrician. Related instruction to be through Associated Builders and Contractors, Inc., Baltimore Metropolitan Chapter. [Printed Standards Forms]

Mr. FitzSimons presented this request for registration of Standards of Apprenticeship and introduced Robert Wallett and Joe Griffin who were in attendance representing Loyola University Maryland. Mr. Willett expressed his appreciation for the assistance that Mr. FitzSimons had provided them in the development of their apprenticeship program.

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

3. Road Sprinkler Fitters Local Union 669 Joint Apprenticeship and Training Committee (John P. Taylor) – Occupation of Sprinkler Fitter. Related instruction to be provided by the Joint Apprenticeship and Training Committee. Request for registration of an Affirmative Action Plan with Apprentice Selection Procedures and goals and timetables for minority and female apprentices. Request to register 42 current apprentices with full credit for their current level of progress in the apprenticeship program.

Mr. John Taylor presented this request for registration of Standards of Apprenticeship to the Council. He introduced the representatives from Road Sprinkler Fitters Local Union 669 and their counsel who were in attendance at the Council meeting.

Mr. Williams questioned where the 42 individuals for whom credit was being requested had received their prior training. Mr. Ketner replied that their apprenticeship program had been in existence for over 30 years and all of their apprentices have been federally registered.

Mr. Shmelzer inquired as to why they were choosing to register with the Maryland Apprenticeship and Training Council at this time. Mr. Ketner responded that the purpose of seeking registration was for State prevailing wage purposes. He added that in the past, their federally registered apprentices had been recognized for State prevailing wage purposes. Mr. Poarch added that this step was necessary in order for them to comply with the State prevailing wage law.

A motion to approve this program was made by Mr. McNelly, seconded by Mr. Norfolk and approved with one abstention.

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. McNelly, seconded by Mr. Norfolk and approved with one Council member opposed.

A motion to approve the request to register 42 current apprentices with full credit for their current level of progress in the apprenticeship program was made by Mr. McNelly, seconded by Mr. Norfolk and unanimously approved.

B. PROGRAM REVISIONS:

1. Baltimore Bricklayers JATC for the Masonry Industry (Alfred M. FitzSimons) – Revision to add the occupations of Masonry Finisher, Stone Carver and Cutter and Stone/Marble Mason; update the occupations of Bricklayer, Terazzo Worker and Tile Setter and cancel the occupations of Marble Setter and Stone Mason.

Ms. Butt inquired as to whether the occupations that the sponsor was requesting to add to their Standards were recognized as apprenticeable. She added that she had raised the question on account of the Council’s concerns about some of the new occupations for which sponsors had sought registration.

Mr. McNelly asked Mr. Poarch if he or the staff had any problems with any of those occupations. Mr. Poarch replied that he was recusing himself from this item of Council business.

Mr. Roberts stated that he had been unable to find that Masonry Finisher had ever been recognized by the Maryland Apprenticeship and Training Council or nationally. Mr. Redabaugh explained that it had evolved from combining the trades of Tile Finisher and Marble Finisher into a broader occupation which was the direction that the industry had gone in. He also explained they were cancelling Stone Mason and combining it with Marble Mason to become Stone/Marble Mason although in some places they are still practiced as separate occupations. He added that the distinction between Stone Mason and Marble Mason is based upon the nature of the wall with Marble Mason being interior and Stone Mason being exterior.

A motion to approve this revision was made by Mr. McNelly, seconded by Mr. Williams and approved with four Council members in favor of the motion and two Council members opposed.

2. J.F. Sobieski Mechanical Contractors, Inc. (Karl J. Matzdorf) - Revision to add the occupation of Sheet Metal Worker. Related instruction to be through New Castle County Vo-Tech in Wilmington, DE.

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

3. International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers Local No. 568 JATC (William W. Saxman) - Revision to related instruction curriculum and updated Workforce Analysis form. [PLEASE NOTE: There were also administrative revisions shown on the Form 2000]

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

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

1. Maryland Division of Correction (Karl J. Matzdorf).

Mr. Matzdorf presented the findings of the review of this apprenticeship program to the Council. He explained that the contact person for the sponsor, Paula Matthews, was not able to be in attendance due to a scheduling conflict and that in her place, Randy Watson was representing the sponsor.

Several Council members suggested tabling this item until the September 11, 2012 Council meeting in order for Ms. Matthews to be in attendance to discuss the findings with the Council. In response, Commissioner DeJuliis stated that he had had several conversations with Secretary Maynard of the Department of Public Safety and Correctional Services and that the Secretary is intent on utilizing their apprenticeship program to the fullest extent. Mr. Watson interjected that the Division of Correction had submitted a proposal to DLLR to implement the Virginia apprenticeship model in Maryland. Commissioner DeJuliis clarified that Correctional Education in the Division of Workforce Development and Adult Learning was separate from the Maryland Apprenticeship and Training Program in the Division of Labor and Industry and that the Division of Correction needed to communicate with MATP.

A motion to accept this review with the understanding that the Commissioner of Labor and Industry and the Secretary of Public Safety and Correctional Services work to resolve the issues addressed in the review and to improve the program was made by Mr. McNelly, seconded by Mr. Cluster and approved with one Council member opposed.

2. Maryland Laborers’ Joint Apprenticeship and Training Committee (Karl J. Matzdorf).

Employee Representative Michael J. McNelly recused himself from this item of Council business.

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

3. NewPage Corporation Multicraft JAC (William W. Saxman).

Mr. Saxman noted that there was underutilization of minorities and women in the sponsor’s apprenticeship program. He stated that nearly all apprentices are selected from within the company and that when openings in the apprenticeship program become available, they are posted internally for bid. Mr. McNelly asked about the percentage of the company’s total workforce that were women or minorities. Mr. Saxman stated that he did not have that data available but that he would obtain it from the sponsor.

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

D. 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. Carroll Child Care Center, Inc. (Karl J. Matzdorf) - Occupation of Child Care Development Specialist.

b. Catholic Charities Head Start of Carroll County (Karl J. Matzdorf) - Occupation of Child Care Development Specialist.

c. Flowserve Corporation (Karl J. Matzdorf) - Occupation of Machinist.

d. Shiloh Stepping Stones Child Care Center (Karl J. Matzdorf) - Occupation of Child Care Development Specialist.

e. Thomas D. Fletcher & Son Funeral Home (Karl J. Matzdorf) - Occupation of Mortician.

E. VOLUNTARY REQUESTS FOR CANCELLATION OF STANDARDS OF APPRENTICESHIP:

1. Alpha Electrical Services, Inc. effective February 23, 2012, Carroll Child Care Center, Inc. effective March 19, 2012, Catholic Charities Head Start of Carroll County effective March 8, 2012, Shiloh Stepping Stones Child Care Center effective March 8, 2012 and Thomas D. Fletcher & Son Funeral Home effective March 8, 2012.

A motion to approve the voluntary requests for cancellation of Standards of Apprenticeship for Alpha Electrical Services, Inc., Carroll Child Care Center, Inc., Catholic Charities Head Start of Carroll County, Shiloh Stepping Stones Child Care Center and Thomas D. Fletcher & Son Funeral Home as per the dates requested was made by Mr. Shmelzer, seconded by Ms. Butt and unanimously approved.

F. OTHER BUSINESS:

1. Heating and Air Conditioning Contractors of Maryland, Inc. (Karl J. Matzdorf) – Request for after-the-fact re-registration and completion of an apprentice HVACR Technician.

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

2. I.E.C. Chesapeake, Inc. (Karl J. Matzdorf) – Request to award a posthumous Certificate of Completion of Apprenticeship. Employer Representative Grant Shmelzer recused himself from this item of Council business.

A motion to approve this request and to send a letter of condolence to the apprentice’s family was made by Mr. McNelly, seconded by Ms. Butt and unanimously approved.

3. Ironworkers Local No. 5 JATC (John P. Taylor) – Request to register an apprentice Ironworker 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. McNelly, seconded by Mr. Norfolk and unanimously approved.

Commissioner DeJuliis provided the Council with an update on the status of the State Apprenticeship and Training Fund. He stated that a bill had been submitted before the 2012 session of the General Assembly to clarify some of the language of the law; however, that bill had not received favorable action. The Department believes that there is enough flexibility in the present law to implement the fund without additional legislation and efforts would be going forward in that direction.

The Commissioner also informed Council members that a bill had been enacted, House Bill 493, to create a task force to study economic development and apprenticeship.

Commissioner DeJuliis also discussed the initiative with the Department of Public Safety and Correctional Services to use the demolition of closed correctional facilities for providing training to inmates in building and construction skills.

There being no further business to come before the Council, the meeting of the Maryland Apprenticeship and Training Council was adjourned at 10:33 a.m.

Respectfully submitted,

C. Edward Poarch II
Secretary
Maryland Apprenticeship and Training Council