DLLR's Division of Labor and Industry

 

May 14, 2013 - Minutes of Public Meetings - Maryland Apprenticeship and Training Program

 

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Mr. William C. Taylor called the Council meeting to order at 9:10 a.m. at the International Union of Elevator Constructors Local No. 10 Joint Apprenticeship Committee, 9600 Martin Luther King Highway, Lanham, Maryland 20706. He thanked Mr. Yeatman and the International Union of Elevator Constructors Local No. 10 Joint Apprenticeship Committee for hosting the Council meeting. Mr. Yeatman welcomed the Council meeting to their facility. He introduced two of their instructors, George Pugh and Dave Settle, and invited those in attendance to stay for a tour of the facility at the conclusion of the meeting.

PRESENT:

COUNCIL MEMBERS:
William C. Taylor - Chairperson Public Representative
Larry R. Greenhill, Sr. - Employee Representative
Michael J. McNelly - Employee Representative
Rosie L.D. Pointer - 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:
C. Edward Poarch II - MATP
Kelton Addison - MATP
Charles Buttiglieri - 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
Linda Ambrose - M.S Willett, Inc.
Beth M. Arman - Community College of Baltimore County
Dr. Thomas Barrett - Mid-Atlantic Carpenters' Training Centers
Kevin Burton - Washington, D.C. Electricians JATC, I.B.E.W. Local No. 26
Brian S. Cavey - Heat and Frost Insulators and Allied Workers Local No. 24 JAC
Carol A. Cole - Nickle Electrical Companies
Raichel Houde - Badger Electric, Inc.
Lisa D. Johnson - Associated Builders and Contractors, Inc., Metropolitan Washington Chapter
Stevie Keeley - Badger Electric, Inc.
Jonathan R. Krasnoff - DLLR/OAG
Charles McGee - Operating Engineers Local 37 JATC
Patricia Mikos - MSDE
James Miller - Operative Plasterers and Cement Masons, Local No. 891
George Pugh - International Union of Elevator Constructors, Local No. 10 JAC
Jason C. Roberts - Associated Builders and Contractors, Inc., Metropolitan Washington Chapter
Arthur E. Rodgers - International Union of Elevator Constructors, Local No. 7 JAC
Dave Settle - International Union of Elevator Constructors, Local No. 10 JAC

I. Minutes of the March 12, 2013 Council meeting.

Mr. Shmelzer inquired as to whether under the discussion of the proposed apprenticeship program presented by the Clark Construction Group, LLC on page number 6 of the minutes, the second motion had been omitted. Mr. John Taylor responded that there were two motions on the floor simultaneously; the first to deny approval and registration of the apprenticeship program and the second to go into closed session. Once the first motion carried, the second motion became moot.

Mr. Greenhill observed that there was a typographical error on page number 6.

The minutes of the March 12, 2013 Council meeting were approved with the typographical error on page number 6 to be corrected.

II. DIRECTOR'S REPORT:

A. Mr. Poarch stated that at the previous Council meeting, he had noted that it was being found that a number of apprentices were being underpaid on fringe benefits on State Prevailing Wage projects. The Prevailing Wage Unit has been working with the contractors involved to get the apprentices properly paid and once everything has been completed, a report would be presented to the Council.

B. Mr. Poarch informed Council members that he would be going around the state with the Commissioner of Labor and Industry to do presentations on the State Apprenticeship Training Fund that would be going into effect on July 1, 2013. He invited anyone who needed further information about the fund to contact him.

III. OLD BUSINESS:

A. NEW PROGRAMS:

1. Badger Electric, Inc. (Alfred M. FitzSimons) - Occupation of Electrician. Related instruction to be through New Castle County Vo-Tech in Wilmington, De. and/or Polytech High School in Woodside, De. [Printed Standards Forms]

Mr. FitzSimons introduced the representatives from Badger Electric, Inc. who were in attendance at the Council meeting.

Mr. Yeatman inquired about drug testing. Ms. Keeley responded that it is not required initially, however, it is in the company's employee handbook that on certain contracts, if the general contractor requires it, the company would administer drug testing. Mr. Yeatman also asked how the company would determine whether an applicant was physically able to perform the work of the trade. Ms. Keeley replied that it would be mostly by eyesight.

Mr. Greenhill requested an overview of their recruitment process and Ms. Keeley explained that the company recruits through area vocational high schools.

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

2. Dedicated Circuits, LLC (Alfred M. FitzSimons) - Occupation of Electrician. Related instruction to be through Sussex Tech Adult Division in Georgetown, De. [Printed Standards Forms]
A motion to approve this program was made by Mr. Shmelzer and seconded by Mr. McNelly.

On discussion of the motion, Mr. Shmelzer noted that it would be in the best interest to be certain that the State of Delaware be compliant with the company's Standards of Apprenticeship. He further stated that he was concerned that apprentices using related instruction classes in Delaware are not receiving the necessary amount of related instruction based upon Delaware's attendance policies. It would be in the best interests to authorize staff to facilitate a meeting with officials in Delaware to ascertain the situation for all of the occupations offered there and for staff to report at the next Council meeting about attendance policies and oversight of the program to assure that all apprentices are receiving the minimum required amount of related instruction per year.

Mr. Yeatman questioned the journeyworker rate of $13.85 per hour. Mr. John Taylor responded that after this question had come up at the previous Council meeting, staff had looked at the wage rates for other Electrical apprenticeship programs on the Eastern Shore and those findings had been included in the mailing to Council members under informational items on the agenda. Mr. John Taylor added that it had been found that wage rates for Electrician ranged from $11.00 per hour to $20.00 per hour.

The motion to approve the program carried with five (5) Council members in favor of the motion, two (2) members opposed and one (1) abstention.

Following the vote, Mr. McNelly inquired about the process for addressing the issues that had been raised and called upon Mr. Krasnoff for some recommendations.

Mr. Krasnoff observed that there were two separate issues involved; one being the issue of the journeyworker hourly wage rate and the other being verification of compliance with the requirement for a minimum of 144 hours of related instruction per year.

Mr. Matzdorf offered to invite Delaware's Apprenticeship Administrator to come to a Maryland Apprenticeship and Training Council meeting to discuss the issues with Council members.

Mr. Laudeman stated that he would be attending the next meeting of Delaware's Apprenticeship Council on June 11, 2013 and that he could address the issues with their Apprenticeship Administrator at that time.

Mr. Laudeman informed Council members that the way that Delaware is able to keep their related instruction costs where they are is that every state gets Perkins funding. Delaware uses some of those funds for Adult Education and that is the reason why the related instruction classes there are through the high schools rather than through community colleges. Ms. Mikos interjected that in Maryland, Adult Education is now under the Department of Labor, Licensing and Regulation rather than under the Maryland State Department of Education.

A motion for staff to facilitate a meeting to gather additional information regarding related instruction classes in Delaware was made by Mr. Shmelzer, seconded by Mr. McNelly and unanimously approved.

B. PROGRAM REVISIONS:

1. Bricklayer and Allied Craftworkers District Council of West Virginia JATC, Local 15 (William W. Saxman) - Revision to raise the minimum requirements to operate a masonry saw, modify the ratio formula and increase the related instruction requirement.

This request, which was combined with a request to add a new occupation of Pointer-Cleaner-Caulker, was denied at the March 12, 2013 Council meeting due to concerns about the occupation of Pointer-Cleaner Caulker.

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

2. Bricklayers and Allied Craftworkers District Council of West Virginia JATC, Local 15 (William W. Saxman) - Revision to add the occupation of Pointer-Cleaner-Caulker.

A motion to approve this revision was made by Mr. McNelly, seconded by Mr. Greenhill and approved with seven (7) Council members in favor of the motion and one (1) abstention.

IV. NEW BUSINESS:

A. PROGRAM REVISIONS:

1. Baltimore City Joint Apprenticeship Committee (Alfred M. FitzSimons) - Request to cancel seven (7) inactive occupations.

Mr. Alexander explained that none of the inactive occupations that they were requesting to cancel had been utilized for quite some time and that the departments that had used them did not anticipate doing so again in the foreseeable future. He added that if the need arises to use them again, they would request that they be re-registered.

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

2. Baltimore Operating Engineers Joint Apprenticeship and Training Committee (Alfred M. FitzSimons) - Revision to apprentice wage progression schedule for Operating Engineer.

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

3. M.S. Willett, Inc. (Alfred M. FitzSimons) - Revision to add Carroll Community College as a provider of a Computer-Aided Design/Drafting course for the occupations of Machinist and Tool & Die Maker.

A motion to approve this revision was made by Mr. McNelly, seconded by Mr. Shmelzer and approved with seven (7) Council members in favor of the motion and one (1) abstention.

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

1. Nickle Electrical Companies (Karl J. Matzdorf).

Mr. Greenhill noted that whatever Nickle Electrical Companies was doing towards recruiting women and minorities was not working. He asked that the sponsor's representative explain how they were going to address these issues going forward. Ms. Cole responded that their plan was to go to places such as the Delaware Skills Centers and to community-based organizations serving minority populations. She added that the female population did not want to be Electricians and did not know how they could reach that goal within one year. Mr. Greenhill suggested that they should probably reach out to the Urban League, the NAACP and to churches as well.

A motion to accept this review, with staff recommendations, was made by Mr. McNelly, seconded by Mr. Kelly and approved with seven (7) Council members in favor of the motion and one (1) member opposed.

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

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

a. Another Little Sunshine Day Care (Karl J. Matzdorf) - Occupation of Child Care Development Specialist.

D. VOLUNTARY REQUESTS FOR CANCELLATION OF STANDARDS OF APPRENTICESHIP:

1. Aiarpax Corporation, LLC effective February 22, 2013, Another Little Sunshine Day Care effective December 30, 2009 and Blastech Enterprises, Inc. effective March 22, 2013.

A motion to approve the voluntary requests for cancellation of Standards of Apprenticeship for Airpax Corporation, LLC, Another Little Sunshine Day Care and Blastech Enterprises Inc. as per the dates requested was made by Mr. Yeatman, seconded by Mr. Kelly and unanimously approved.

E. OTHER BUSINESS:

1. Apprentice Complaint - A complaint was received from an apprentice regarding the termination of his apprenticeship by his apprenticeship program sponsor. Based upon a preliminary review of the complaint, it was recommended that a subcommittee be appointed to conduct a full investigation into the complaint and to make a report to the full Council of its findings and recommendations for resolution of the complaint.

Mr. Krasnoff provided Council members with an overview of the nature of the complaint and recommended that a three member subcommittee be selected to investigate the complaint, interview the parties involved and make a recommendation to the full Council.

A motion to appoint a subcommittee to investigate the complaint was made by Mr. Yeatman, seconded by Mr. McNelly and unanimously approved.

Employee Representative Michael J. McNelly, Employer Representative Edwin Cluster and Public Representative James A. Williams, Sr. were appointed to serve on this subcommittee.

2. Informational Items - The following items were provided to the members of the Council in response to questions and/or requests for additional information made by Council members at the March 12, 2013 Council meeting:

a. Printed Standards forms

b. Attendance policies for related instruction classes in Delaware

c. Average journeyperson wage rates for apprenticeship programs for Electrician on the Eastern Shore

d. Number of apprentices that had completed the apprenticeship program of Graham Packaging Plastic Products, Inc.

Mr. Laudeman reported that the Governor's German Skills Initiative Workgroup had recently meet with representatives of the German Embassy at the I.B.E.W. Local No. 26 - NECA apprenticeship program so that the representatives from the German Embassy could learn about the apprenticeship system in the United States.

Mr. Krasnoff informed the Council that there was a need for the regulations subcommittee to meet again to review suggested changes to Maryland's apprenticeship statute that he would be drafting so that a report could be presented to the full Council at the July 9, 2013 meeting and the Council could move forward on having proposed revisions to the statute ready to be presented during the 2014 General Assembly session.

There being no further business to come before the Council, the meeting of the Maryland Apprenticeship and Training Council was adjourned at 10:50 a.m.

Respectfully submitted,

C. Edward Poarch II
Secretary
Maryland Apprenticeship and Training Council