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DLLR's Division of Labor and Industry

 

November 8, 2011 - 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 Baltimore JATC for the Electrical Industry, 2699 West Patapsco Avenue, Baltimore, Maryland 21230 and welcomed all Council members, staff and guests in attendance. He introduced the newest member of the Washington, D.C. Area Building Trades Committee; Ms. Mary Battle of the Operative Plasterers and Cement Masons Local No. 891. Mr. Taylor thanked Mr. J T Thomas of the Maryland Chapter of the National Electrical Contractors Association for hosting the Council meeting.

Mr. David Norfolk welcomed the Council meeting to the Baltimore JATC for the Electrical Industry's training center and also thanked Mr. Thomas and Mr. Roger M. Lash, Jr., Business Manager of Local No. 24 of the International Brotherhood of Electrical Workers for their roles in hosting the meeting.

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
Robert F. Yeatman, Jr. - Employee Representative
Michelle L. Butt - Employer Representative
Edwin Cluster - 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

OTHERS:
J. Ronald DeJuliis - Commissioner of Labor and Industry, DLLR
Craig Lowry - Deputy Commissioner of Labor and Industry, DLLR
Kym Nelson - Office of the Secretary, DLLR
C. Edward Poarch II - MATP
Kelton Addison - 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
Beth M. Arman - Community College of Baltimore County
William J. Bailey - Finishing Trades Institute
Dr. Thomas Barrett - Joint Carpentry Apprenticeship Committee of Washington, D.C. and Vicinity
Mary Battle - Operative Plasterers and Cement Masons, Local No. 891
Sarah Blusiewicz - International Brotherhood of Electrical Workers, Local No. 24
Christina Canas-Herron - Blastech Enterprises, Inc.
Terry Carman - University of Maryland, College Park
Brian S. Cavey - Heat and Frost Insulators and Allied Workers, Local No. 24 JAC
Allen Clinedinst - Plumbers and Steamfitters Local No. 486 JATC
Robert Correll - PC Construction Company
Kevin M. Donohue - Mid-Atlantic Regional Council of Carpenters
Rod Easter - Baltimore Building & Construction Trades Council
Angelica Faulkner - Associated Builders and Contractors, Inc., Chesapeake Chapter
David Graham - The Bechdon Company, Inc.
Royce Hailstalk - Joint Carpentry Apprenticeship Committee of Washington, D.C. and Vicinity
Andy Herron - Blastech Enterprises, Inc.
Robert Humbertson - Bricklayers and Allied Craftworkers, Local 1
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
Jonathan R. Krasnoff - DLLR/OAG
Daniel R. Kuczinski - Mid-Atlantic Regional Council of Carpenters
Roger M. Lash, Jr. - International Brotherhood of Electrical Workers, Local No. 24
Major Robert A. Lee - National Guard Bureau
Kevin Markuardt - PC Construction Company
James Miller - Operative Plasterers and Cement Masons, Local No. 891
Gary Murdock - Steamfitters Local No. 602 JATC
Richard G. Murphy - Washington D.C. Electricians JATC
Sean P. Myers - Washington, D.C. Electricians JATC, I.B.E.W. Local No. 26
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
Sean T. Straser - Steamfitters Local No. 602 JATC
Jim Taylor - The Bechdon Company, Inc.
J T Thomas - National Electrical Contractors Association, Maryland Chapter
H. Adam Wahl III - Quality Heating and Air Conditioning Company, Inc.

I. The first order of business was the approval of the minutes of the September 13, 2011 Council meeting. Mr. Maloney inquired as to whether there had been a legal review of the minimum age stated for any conflicts with child labor laws for Judd Fire Protection LLC's apprenticeship program. Mr. Krasnoff responded that there were no specific prohibitions for Sprinkler Fitter in the Employment of Minors Law. Mr. Shmelzer inquired as to whether an outline of the safety training to be provided by E-Structors, Inc. had been received. Mr. FitzSimons replied that it had been received and added into their Standards of Apprenticeship. The minutes of the September 13, 2011 Council meeting were approved as submitted.

Commissioner DeJuliis introduced Ms. Kym Nelson, Chief of Staff for Secretary Alexander Sanchez, to Council members and informed them of her support for apprenticeship.

The Commissioner expressed appreciation for the efforts made on behalf of apprenticeship by former Directors Roger M. Lash, Jr. and C. Jeff Beeson. He announced the selection of C. Edward Poarch II as the new Director of the Maryland Apprenticeship and Training Program as well as the Administrator of the Prevailing Wage Unit. He noted the advent of the new Apprenticeship and Training Fund law that was in the process of being finalized through regulations that would bring in some revenue to apprenticeship.

The Commissioner acknowledged Craig Lowry, Deputy Commissioner of the Division of Labor and Industry who was in attendance at the Council meeting.

Commissioner DeJuliis distributed a flyer for the Division of Labor and Industry's Employment Rights and Safety Forum that was to be held on January 18, 2012 at Towson University and invited all in attendance to attend the forum.

II. NEW BUSINESS:

A. NEW PROGRAMS:

1. Blastech Enterprises, Inc. (Alfred M. FitzSimons) - Occupation of Bridge/Industrial Painter. Related instruction to be provided in-house. Request for registration of an Affirmative Action Plan with apprentice selection procedures and goals and timetables for minority and female apprentices. [Printed Standards Forms]

Mr. Greenhill inquired as to why there were no standardized days or nights for conducting related instruction classes. Mr. Herron responded that it was because their business was seasonal with the peak work being in the spring and summer. It was their intent to do the related instruction during the off peak period.

Mr. Shmelzer asked whether safety training would be conducted prior to apprentices going on the job. Mr. Herron stated that all apprentices would receive two days of safety training before being placed on the job. He added that what was shown on the related instruction schedule was more advanced safety training related to the actual tasks to be performed by apprentices. Mr. Shmezler then asked about the source of the related instruction curriculum. Mr. Herron replied that the curriculum and the instructional materials came through their industry association.

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

2. PC Construction Company (Alfred M. FitzSimons) - Occupations of Carpenter, Cement Mason, Construction Craft Laborer, Form Builder, Millwright, Operating Engineer, Pipefitter and Pipelayer. Related instruction to be provided in-house using the National Center for Construction Education and Research curriculums. Request for registration of an Affirmative Action Plan with apprentice selection procedures and goals and timetables for minority and female apprentices. [Printed Standards Forms]. PLEASE NOTE: The occupations of Form Builder and Pipelayer have not been previously recognized as apprenticeable by the Maryland Apprenticeship and Training Council.

Mr. FitzSimons introduced Mr. Robert Correll, Training Manager, and Mr. Kevin Markuardt who were representing PC Construction Company.

Mr. Greenhill stated that he had questions about the occupations of Form Builder and Pipelayer which were not previously recognized as apprenticeable by the Council.

Mr. Correll stated that the company had a long history of doing construction work in Maryland. He added that they did not have a location where they would conduct the apprenticeship program but were bidding on a job in Baltimore that would require them to have an apprenticeship program. They did not have plans for implementing their apprenticeship program immediately but wanted to have one in place for when one would be needed for a project.

Mr. Greenhill questioned Mr. Correll as to how long the company had been involved in apprenticeship. Mr. Correll responded that they were relatively new to apprenticeship but had just had an apprenticeship program registered in the District of Columbia.

Mr. McNelly stated that he had a major problem about approving an apprenticeship program without a location in which to train apprentices.

Mr. Shmelzer recommended that PC Construction Company become a participating employer in an already approved and registered apprenticeship program.

A motion to deny approval and registration of this program was made by Mr. McNelly, seconded by Mr. Yeatman and approved with none opposed.

After the request to approve and register the apprenticeship program had been denied, Mr. Jason Roberts inquired as to whether the Council had ever approved a mobile training facility. Mr. McNelly replied that that would be looked at on a case-by-case basis.

3. Quality Heating & Air Conditioning Company, Inc. (Alfred M. FitzSimons) - Occupation of Sheet Metal Worker. Related instruction to be through Delcastle Vo-Tech in Wilmington, Delaware. Request for registration of an Affirmative Action Plan with apprentice selection procedures and goals and timetables for minority and female apprentices. [Printed Standards Forms]

Mr. Yeatman asked how many apprentices the company intended to register. Mr. Wahl stated that they have 12 apprentices. Mr. Yeatman then asked Mr. Wahl how many of their employees were Maryland residents. Mr. Wahl replied that 9 were Maryland residents and added that they had begun to solicit applications for apprenticeship for the Baltimore area.

Mr. William Taylor inquired about how the company would recruit apprentices. Mr. Wahl explained the process and stated that they would utilize the One Stop Career Center in Elkton, Maryland.

Mr. Cluster asked if Maryland apprentices would need to go to DelCastle Vo-Tech in Wilmington. Mr. Wahl replied that they had acquired a van in which to transport the apprentices.

A motion to approve this program was made by Mr. McNelly, seconded by Mr. Shmelzer and approved with one Council member opposed.

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. Greenhill, seconded by Mr. Williams and unanimously approved.

4. Spectrum Fire Protection, Inc. (William W. Saxman) - Occupation of Sprinkler Fitter. Related instruction to be provided in-house using the National Center for Construction Education and Research curriculum. Request for registration of an Affirmative Action Plan with apprentice selection procedures and goals and timetables for minority and female apprentices. [Printed Standards Forms]

This item was withdrawn from the agenda at the request of the company due to the fact that a representative of the company would not be able to be in attendance at the Council meeting.

B. 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.

Mr. McNelly asked if any representatives of the sponsor were in attendance at the Council meeting. There were none. Mr. Shmelzer motioned to table the request. Mr. Krasnoff observed that in the past, the way that the Council had handled revisions was not the same as for new apprenticeship programs.

A motion to table this revision until the January 10, 2012 Council meeting in order for a representative of the sponsor to be in attendance at the Council meeting was made by Mr. Shmelzer, seconded by Mr. Greenhill and unanimously approved.

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

A motion to table this revision until the January 10, 2012 Council meeting in order for a representative of the sponsor to be in attendance at the Council meeting was made by Mr. Maloney, seconded by Mr. Greenhill and unanimously approved.

3. University of Maryland, College Park (Karl J. Matzdorf) - Revision to apprentice wage progression schedules and request to cancel eight occupations no longer used by the University.

Ms. Pointer questioned why the sponsor was requesting the cancellation of the eight occupations. Mr. Carman explained that he had been the program manager for apprenticeship for 22 years and had never had an apprentice in some of those occupations. Some had never had an apprentice since the apprenticeship program was registered in 1984.

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

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

1. The Bechdon Company, Inc. (Karl J. Matzdorf).

Mr. Matzdorf stated that he had found there was underutilization of minorities and women in the apprenticeship program.

Mr. David Graham of The Bechdon Company, Inc. informed Council members that they utilized the Center of Applied Technology North in Anne Arundel County as their main source of apprentices. Mr. William Taylor noted that the company was located in Prince George's County and asked that they work with the Prince George's County Public Schools in developing a program that could feed high school graduates into their apprenticeship program.

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

2. University of Maryland, College Park (Karl J. Matzdorf).

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

3. International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers Local No. 568 JATC (William W. Saxman).

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

D. VOLUNTARY REQUESTS FOR CANCELLATION OF STANDARDS OF APPRENTICESHIP:

1. Danzansky-Goldberg Memorial Chapels, Inc. effective July 28, 2011 and Fleck Funeral Home, Inc. effective September 21, 2011.

A motion to approve the voluntary requests for cancellation of Standards of Apprenticeship for Danzansky-Goldberg Memorial Chapels, Inc. and Fleck Funeral Home, Inc. as per the dates requested was made by Mr. Greenhill, seconded by Mr. Yeatman and unanimously approved.

E. OTHER BUSINESS:

1. Associated Builders and Contractors, Inc., Chesapeake Chapter (Karl J. Matzdorf) - Request for after-the-fact re-registration and completion of an apprentice Electrician.

Mr. Poarch made note of prevailing wage issues involving the individual's employer, EMS Technologies, Inc., including claiming unregistered individuals as apprentices on prevailing wage jobs and ratio issues.

Mr. Krasnoff responded to Mr. Greenhill's concerns about after-the-fact. He explained that the regulations provide the Council with the authority and discretion to consider those requests. He observed that the Council has done a good job in determining whether a showing of good cause had been made in those situations.

Mr. Shmezler inquired as to how this situation had come to light. Ms. Faulkner replied that when she had requested a Certificate of Completion of Apprenticeship for the individual, Mr. Matzdorf had informed her that he was not registered.

Mr. McNelly noted that there were no penalties for sponsors when they fail to register apprentices. Mr. Krasnoff responded that it would require changing the statute in order to give the Council the authority to levy fines; this could not be accomplished through regulations. He added that as for cancelling the program, that might be too drastic an action to take for failure to timely register an apprentice. The Council could take it up with the Department regarding setting other penalties.

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

2. Ironworkers Local No. 5 JATC (John P. Taylor) - Request for re-registration of 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. Williams, seconded by Ms. Pointer and unanimously approved.

3. Proposed schedule of Maryland Apprenticeship and Training Council meetings for calendar year 2012.

A motion to approve the proposed schedule of Maryland Apprenticeship and Training Council meetings for calendar year 2012 was made by Mr. Greenhill, seconded by Mr. Shmelzer and unanimously approved.

The schedule of Maryland Apprenticeship and Training Council meetings for calendar year 2012 will be as follows:

Tuesday, January 10, 2012 at 9:00 a.m.
Department of Labor, Licensing and Regulation
1100 North Eutaw Street, Lower Level Training Room
Baltimore, Maryland 21201

Tuesday, March 13, 2012 at 9:00 a.m.
Washington, D.C. Electricians JATC
4371 Parliament Place, Suite A
Lanham, Maryland 20706

Tuesday, May 8, 2012 at 9:00 a.m.
City of Baltimore
Cylburn Arboretum Vollmer Center
4915 Greenspring Avenue
Baltimore, Maryland 21209

Tuesday, July 10, 2012 at 9:00 a.m.
Community College of Baltimore County - Randallstown
Liberty Center
3637 Offutt Road
Randallstown, Maryland 21133

Tuesday, September 11, 2012 at 9:00 a.m.
Heat and Frost Insulators and Allied Workers Local No. 24 Joint Apprenticeship Committee
901 Montgomery Street
Laurel, Maryland 20707

Tuesday, November 13, 2012 at 9:00 a.m.
Baltimore JATC for the Electrical Industry
2699 West Patapsco Avenue
Baltimore, Maryland 21230

Mr. Greenhill expressed the position that sponsors should come before the Council for any and all matters that they have before the Council. Mr. John Taylor replied that this had come up previously and the Council had made a decision as to which matters before the Council would require that a representative be in attendance.

Mr. Shmezler inquired about the status of the application for Maryland to continue to be recognized as an apprenticeship registration agency. Mr. Laueman responded that letters to the State Apprenticeship Agencies would be forthcoming from Mr. John Ladd, the Administrator of DOL's Office of Apprenticeship. Mr. Krasnoff added that the need for the regulations subcommittee to meet again would depend upon the findings in the letter from the Office of Apprenticeship.

Mr. Greenhill brought up the previous discussion of apprentice licenses. Mr. Krasnoff noted that the Council needed to designate two liaisons to the licensing boards who could attend their board meetings and take up the issue with those boards.

There being no further business to come before the Council, the meeting of the Maryland Apprenticeship and Training Council was adjourned at 11:35 a.m.

Respectfully submitted,

C. Edward Poarch II
Secretary
Maryland Apprenticeship and Training Council