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DLLR's Division of Labor and Industry

 

July 10, 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 9:10 a.m. at the Community College of Baltimore County - Randallstown, Liberty Center, 3637 Offut Road, Randallstown, Maryland 21133 and welcomed all Council members, staff and guests in attendance.

Ms. Beth Arman of the Community College of Baltimore County (CCBC) welcomed the Council meeting to their facility and introduced Ms. Tracy Tyler, Interim Manager of the Baltimore County Workforce Development Center also located there. Ms. Tyler provided Council members with an overview of the services provided by the Workforce Development Center to prepare individuals to enter the workforce with the primary focus being job readiness services.

Ms. Arman made a presentation to the Council on the CCBC's pre-apprenticeship training that is conducted at the center (PLEASE SEE ATTACHMENT [PDF document, 201KB, download Adobe Acrobat for free] TO THE MINUTES). She introduced Ms. Sarah High, a Master Electrician and an instructor and coordinator of the pre-apprenticeship training, Mr. Mike Meganhardt, a general contractor and outreach coordinator for pre-apprenticeship, and Mr. Kenneth Buck, the Center Director for CCBC. She stated that the college had used two grants from the U.S. Department of Labor to get their pre-apprenticeship training started and went on to describe the contents of the training and its outcomes. She invited all in attendance to take a tour the center at the conclusion of the Council meeting.

Mr. McNelly made note of a letter from Mr. William Saxman to Council members in which Mr. Saxman addressed a question raised at the May 8, 2012 Council meeting about the program review of the NewPage Corporation Multicraft Joint Apprenticeship Committee. Mr. Saxman provided the total number of minorities and women employed by the company that had been requested. Mr. McNelly thanked Mr. Saxman for obtaining this information for the Council in a timely fashion and noted that all of the staff have always been prompt in responding to requests for information from members of the Council.

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
Rosie L.D. Pointer - Employee Representative
David W. Norfolk - Employee Representative
Robert F. Yeatman, Jr. - 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

OTHERS:
C. Edward Poarch II - MATP
Kelton Addison - MATP
Alfred M. FitzSimons - 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
Dr. Thomas Barrett - Mid-Atlantic Carpenters' Training Centers
Matthew Bowes - Southern Maryland Electric Cooperative, Inc. JATC
Kenneth Buck - Community College of Baltimore County
Kevin M. Donohue - Mid-Atlantic Carpenters' Training Centers
Angelica Faulkner - Associated Builders and Contractors, Inc., Chesapeake Shores Chapter
Royce Hailstalk - Mid-Atlantic Carpenters' Training Centers
Sarah High - Community College of Baltimore County
Robert E. Humbertson - Bricklayers and Allied Craftworkers Local 1
Lisa D. Johnson - Associated Builders and Contractors, Inc., Metropolitan Washington Chapter
Jonathan R. Krasnoff - DLLR/OAG
George Krouse - International Union of Operating Engineers Local 77 Mike Meganhardt - Community College of Baltimore County
Paula Matthews - Department of Public Safety and Correctional Services
Sean Myers - Washington, D.C. Electricians JATC, I.B.E.W. Local No. 26
Jerry Owens - Naval Surface Warfare Center, Carderock Division
Holly M. Plummer - Bausum & Duckett Electric, LLC
Matthew Redabaugh - Bricklayers and Allied Craftworkers Local 1
Sam Redden - International Union of Operating Engineers Local 99
Jason C. Roberts - Associated Builders and Contractors, Inc., Metropolitan Washington Chapter
Forrest Shaw - Knorr Brake Corporation
Tracy Tyler - Baltimore County Workforce Development Center
Jodi Wathen - Southern Maryland Electric Cooperative, Inc. JATC
Neil Wilford - Baltimore JATC for the Electrical Industry

I. The first order of business was the approval of the minutes of the May 8, 2012 Council meeting.

Mr. Greenhill noted that there was a typographical error in the second paragraph under item number three on page five of the minutes.

Mr. Shmelzer inquired about the three program sponsors noted in the minutes of the March 13, 2012 Council meeting who had been found not to be following their approved and registered apprentice selection procedures. Mr. Matzdorf responded that they would be on the agenda for the September 11, 2012 Council meeting.

The minutes of the May 8, 2012 Council meeting were approved with the second paragraph under item number three on page five to be corrected to read "(h)e introduced the representatives from Road Sprinkler Fitters Local Union 669 and their counsel who were in attendance at the Council meeting."

II. DIRECTOR'S REPORT:

A. Mr. Poarch announced that the Governor had re-appointed employee representative Robert F. Yeatman, Jr. and employer representative George Maloney to the Council.

B. Mr. Poarch informed Council members that he and the Commissioner of Labor and Industry were continuing to talk with corrections officials regarding the deconstruction project and that he expected it to be a very viable program. He stated that he anticipated having more to announce regarding this effort in the fall.

C. Council members were informed that the electronic system for certified payrolls was in place and that all new projects coming out were expected to submit certified payrolls electronically. Mr. Poarch stated that the Prevailing Wage Investigators were making presentations on the electronic system across that state. Mr. Shmelzer inquired about apprenticeship forms going electronic and Mr. Poarch responded that it could be considered.

Mr. William Taylor informed the Council that Mr. Krasnoff had some comments for the Council regarding a conversation that he had had with Mr. Krasnoff. Mr. Krasnoff stated that his comments were in regards to who may speak before the Council and about what. He went on to state that in the past, there was a sign-in sheet for speakers and that anyone on the sign-in sheet could speak on an item of business before the Council. There is a desire to encourage public participation, however, in some instances in the past, members of the general public have engaged in questioning parties bringing business before the Council which has raised some concerns.

Mr. Krasnoff recommended that the Council establish guidelines that the general public not engage in discussions with parties bringing business before the Council that the Council would be voting on. If there are interested parties in the public, they should present their questions or concerns to a Council member so that a member of the Council could address those concerns or questions to the party bringing the business before the Council. He added that there be an informal procedure that there would be a sign-in sheet for the general public to speak on general issues but not on specific items of business requiring a vote by the Council.

Mr. McNelly asked whether it would be appropriate to make a motion to accept counsel's recommendations as an informal policy.

A motion to accept the recommendation of counsel as an informal policy was made by Mr. McNelly and seconded by Mr. Norfolk.

On the discussion of the motion, Mr. Williams asked whether the Council was equipped to accept comments or questions from the public electronically. Mr. Krasnoff responded that they could address them to a specific Council member by electronic mail prior to the Council meeting or in person before the start of the meeting.

Mr. Shmelzer recommended that cut-off dates for Council meeting materials be adjusted so that Council members could have more time to review their materials prior to the meeting. Mr. John Taylor replied that the problem was not necessarily with the cut-off dates but rather with some parties wanting to bring business before the Council not submitting their materials by the established cut-off dates and then requesting more time to get their materials in to go on the Council meeting agenda. Holding the agenda mailing until all materials have finally been submitted delays mailing of the materials to Council members.

Mr. Yeatman questioned why it would be an informal policy. Mr. Krasnoff responded that if the motion were to be approved, it would be recorded in the Council meeting minutes and would be official going forward. He added that this was not the kind of issue that a board o commission would want to implement by regulation.

The motion to accept the recommendation of counsel as an informal policy carried with eight (8) members in favor of the motion, none opposed and one (1) abstention.

III. NEW BUSINESS:

A. NEW PROGRAMS:

1. International Union of Operating Engineers Local 99 Joint Apprenticeship and Training Committee (Alfred M. FitzSimons) - Occupation of Stationary Engineer. 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.

Mr. Greenhill asked Mr. Redden to provide some examples of actions that they would take in support of their Affirmative Action Plan. Mr. Redden provided Council members with some of the resources that they would be utilizing to recruit women and minorities.

Mr. Cluster asked why the number of minority and female journeypersons was not shown on the Workforce Analysis form.

Mr. McNelly requested that the Director look into what type of training Workforce Development provided to individuals looking to get into pre-apprenticeship programs regarding drugs.

Mr. FitzSimons explained to Ms. Pointer that the number of minority and female journeypersons was not available at the time that the Workforce Analysis form was completed. Mr. Redden added that the federal government did not allow them to track the number of minorities and women. He added that it was on their application for apprenticeship but was optional for applicants to provide that information.

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 Ms. Pointer and approved with six (6) Council members in favor of the motion, two (2) opposed and one (1) abstention.

B. PROGRAM REVISIONS:

1. International Union of Operating Engineers Local 77 Joint Apprenticeship and Training Committee (Alfred M. FitzSimons) - Request for reactivation of Standards of Apprenticeship for the occupation of Operating Engineer with an updated schedule of on- the-job training work processes, related instruction curriculum, apprentice wage progression schedule and Affirmative Action Plan. Request for cancellation of the occupations of Construction Equipment Mechanic and Field Engineer.

Mr. Greenhill asked Mr. Krouse how their apprenticeship program had become inactive. Mr. Krouse replied that it had happened in the late 1970s.

Ms. Pointer asked Mr. Krouse how they would enforce having apprentices report one half hour prior to journeypersons without pay. Mr. Krouse replied that it was in their collective bargaining agreement and that it gave apprentices time to get the equipment warmed up and ready by starting time. Mr. Shmelzer then asked whether this time would count towards their on-the-job training hours as they were nor working under the supervision of a journeyperson. Mr. Krouse responded that he did not have an answer to that question. Mr. Shmelzer asked that he get back to the Council later on the question.

A motion to approve the request for reactivation of Standards of Apprenticeship for the occupation of Operating Engineer with an updated schedule of on-the-job training work processes, related instruction curriculum and apprentice wage progression schedule and cancellation of the occupations of Construction Equipment Mechanic was made by Mr. Norfolk, seconded by Mr. Greenhill and unanimously approved.

A motion to approve the updated Affirmative Action Plan was made by Mr. McNelly, seconded by Mr. Norfolk and unanimously approved.

2. Knorr Brake Corporation (Karl J. Matzdorf) - Request for reactivation of Standards of Apprenticeship for the occupation of Machinist.

Mr. Greenhill inquired as to how many years the program had been registered before it became inactive. Mr. Matzdorf responded that the program was registered on December 17, 1991. Mr. Shaw added that their last apprentice had completed seven or eight years ago. Mr. Greenhill then asked why it had become inactive and Mr. Shaw replied that it was due to business conditions.

A motion to approve the request for reactivation of Standards of Apprenticeship for the occupation of Machinist was made by Mr. McNelly, seconded by Mr. Shmelzer and unanimously approved.
3. Maryland Division of Correction (Karl J. Matzdorf) - Revision to cancel the occupations of Bindery Operator, Bookbinder, Chemical Operator, Lithographic Platemaker and Offset Striper.

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

4. Southern Maryland Electric Cooperative, Inc. JATC (Karl J. Matzdorf) - Revisions to Standards of Apprenticeship as per Attachment "A" and change of related instruction provider from the Virginia- Maryland- Delaware Association of Electric Cooperatives to the Northwest Lineman College.

Mr. Shmezler asked whether the related instruction through the Northwest Lineman College would be done on-line. Mr. Bowes responded that they had purchased the textbooks from the Northwest Lineman College and would be teaching the classes themselves in their new classroom facility.

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

5. Washington, D.C. Joint Plumbing Apprenticeship Committee (John P. Taylor) - Revision to apprentice selection procedures to discontinue the October application date.

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

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

1. Mid-Atlantic Carpenters' Training Centers (Karl J. Matzdorf).

A motion to accept this review, with staff recommendations, was made by Mr. Norfolk, seconded by Mr. Cluster and approved with two (2) Council members opposed.

2. Bricklayers and Allied Craftworkers District Council of West Virginia JATC, Local 15 (William W. Saxman).

Mr. Saxman noted that there were no women in the apprenticeship program, however, they were making dedicated efforts to recruit women and provided examples of some of the resources that they utilized for recruitment.

A motion to accept this review, with staff recommendations, was made by Mr. Williams, seconded by Mr. Cluster 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. Cap Electric, Inc. (Karl J. Matzdorf) - Occupation Electrician.

b. Delcard Associates, Inc. (Karl J. Matzdorf) - Occupations of HVACR Technician, Plumber and Sheet Metal Worker.

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

d. Liberty Electric, Inc. (Karl J. Matzdorf) - Occupation of Electrician.

e. RYT Plumbing, Inc. (Karl J. Matzdorf) - Occupation of Plumber.

f. S.S P C Children's Center (Karl J. Matzdorf) - Occupation of Child Care Development Specialist.

g. Sure Service, Inc. (Karl J. Matzdorf) - Occupation of Electrician.

E. VOLUNTARY REQUESTS FOR CANCELLATION OF STANDARDS OF APPRENTICESHIP:

1. Delcard Associates, Inc. effective April 17, 2012, Marada Industries, Inc. effective July 31, 2010, Stella Maris, Inc. effective May 26, 2012, Sure Service, Inc. effective April 27, 2012 and Triton Construction Company t/a Triton Electric effective June 1, 2012.

A motion to approve the voluntary requests for cancellation of Standards of Apprenticeship for Delcard Associates, Inc., Marada Industries, Inc., Stella Maris, Inc., Sure Service, Inc. and Triton Construction Company t/a Triton Electric as per the dates requested was made by Mr. Williams, seconded by Mr. McNelly and unanimously approved.

F. OTHER BUSINESS:

1. Baltimore JATC for the Electrical Industry (Alfred M. FitzSimons) - Request for after-the-fact registration and completion of an apprentice Electrician.

Employee Representative David W. Norfolk recused himself from this item of Council business.

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

2. Bausum & Duckett Electric, LLC (Karl J. Matzdorf) - Request for after-the-fact registration and completion of an apprentice Electrician.

A motion to approve this request was made by Mr. McNelly, seconded by Mr. Shmelzer and approved with one (1) Council member opposed.

3. I.E.C. Chesapeake (Karl J. Matzdorf) - Request for after-the- fact registration and completion of an apprentice Electrician.

Employer Representative Grant Shmelzer recused himself from this item of Council business.

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

4. Report from the regulations subcommittee.

Mr. Krasnoff reported that the regulations subcommittee had met to discuss what to do in response to the letter from Mr. John Ladd, the Administrator of the U.S. Department of Labor's Office of Apprenticeship. The subcommittee had suggested a meeting with the U.S. Department of Labor and Mr. Poarch, Commissioner DeJuliis and Mr. Krasnoff met with Mr. Ladd, Ms. Franchella Kendall and Mr. Ron Johnson, Deputy Administrator. The meeting focused on some of the more difficult issues such as reciprocity and whether Maryland's statute would need to be amended. The Department of Labor's attorney was not present at that meeting. Mr. Krasnoff added that he had had a follow-up discussion with the Department of Labor's attorney but that he would prefer to discuss the results of that discussion with Council members in closed 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. McNelly, seconded by Mr. Greenhill and unanimously approved. The Maryland Apprenticeship and Training Council went into closed session at 10:50 a.m.

A motion to re-convene in public session was made by Mr. McNelly, seconded by Mr. Shmelzer and unanimously approved. The Maryland Apprenticeship and Training Council re-convened in public session at 11:40 a.m. Mr. William Taylor stated that the Council had obtained the legal advice of counsel on amending the Maryland Apprenticeship and Training law and regulations to conform to the revised federal apprenticeship regulations in order to continue to be recognized as a State Apprenticeship Registration Agency for federal purposes.

There being no further business to come before the Council, the meeting of the Maryland Apprenticeship and Training Council was adjourned at 11:42 a.m.

Respectfully submitted,

C. Edward Poarch II
Secretary
Maryland Apprenticeship and Training Council