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DLLR's Division of Labor and Industry

 

July 9, 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 9:02 a.m. at Associated Builders and Contractors, Inc., Metropolitan Washington Chapter, ABC CraftMasters Training, Inc., 3403 East-West Highway, Hyattsville, Maryland 20782 and welcomed all Council members, staff and guests in attendance. He thanked Mr. Jason Roberts of the Metropolitan Washington Chapter of Associated Builders and Contractors, Inc. for hosting the Council meeting. He also announced the re-appointments of Council members Michael McNelly, Rosie Pointer, Grant Shmelzer and himself to new four-year terms on the Maryland Apprenticeship and Training 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
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
Grant Shmelzer - Employer Representative

Robert H. Laudeman - USDL/OA Ex Officio Consultant to the Council

OTHERS:
J. Ronald DeJuliis - Commissioner of Labor and Industry, DLLR
Kelton Addison - MATP
Charles Buttiglieri - MATP
Alfred M. FitzSimons - MATP
Kevin Johnson - MATP
William W. Saxman - MATP
John P. Taylor - MATP
Andrew Ager - Finishing Trades Institute of Maryland, Virginia, Washington, D.C. and Vicinities
Beth M. Arman - Community College of Baltimore County
Dr. Thomas Barrett - Mid-Atlantic Carpenters' Training Centers
Ronn Blaney - Harford County Electrical Contractors Association, Inc.
Thomas M. Blanton - Mid-Atlantic Regional Council of Carpenters
Shawn Cool - Spectrum Fire Protection, Inc.
Taylor Cool - Spectrum Fire Protection, Inc.
Linda Daigle-Jones - Plumbing Apprenticeship Program of Carroll County, Maryland
Angelica Faulkner - Associated Builders and Contractors, Inc., Chesapeake Shores Chapter
Dennis R. Felts - Harford County Electrical Contractors Association, Inc.
Kathy Gress - Associated Builders and Contractors, Inc., Cumberland Valley Chapter
Lisa D. Johnson - Associated Builders and Contractors, Inc., Metropolitan Washington Chapter
Jonathan R. Krasnoff - DLLR/OAG
Norbert R. Klusmann - Sheet Metal Workers Local No. 100 JATC, Washington, D.C. Area
Patricia Mikos - MSDE
Sean Myers - Washington, D.C. Electricians JATC, I.B.E.W. Local No. 26
Jackie Reantoquio - Washington, D.C. Joint Plumbing Apprenticeship Committee
Jason C. Roberts - Associated Builders and Contractors, Inc., Metropolitan Washington Chapter
John A. Rowley - Department of Public Safety and Correctional Services
Larry Rubin - Mid-Atlantic Regional Council of Carpenters
Wilford Seilhamer - Associated Builders and Contractors, Inc., Cumberland Valley Chapter
Richard Ward - Carroll Community College
Cynthia Weyant - Department of Public Safety Correctional Services

Mr. William Taylor recognized Mr. FitzSimons who introduced Mr. John Rowley from the Department of Public Safety and Correctional Services. Mr. Rowley made a presentation to the Council on the Public Safety Works Program. He made note of the efforts of men and women to reform themselves by taking trade classes while incarcerated. He added that there is a lapse between when they have completed their classes and their release dates and to address that lapse and to help them to keep their skills up-to-date, his department had created the Public Safety Works Program. That program would give inmates the opportunity to make use of their skills while performing needed projects for nonprofit organizations. He gave some examples of the types of projects that inmates had been involved in. He stated that the reason that he had come before the Council was that there was a need for volunteers with trades experience to volunteer for those projects in order to provide direction and supervision for the inmates performing the work. Mr. McNelly expressed the need for incarcerated veterans, particularly Vietnam veterans, to be included in the program.

I. The minutes of the May 14, 2013 Council meeting were approved as submitted.

Mr. Shmelzer requested that the Director provide a report to the Council at the September 10, 2013 Council meeting on the new apprenticeship fund including how many companies have registered and how the overall process is working. He also requested information on the reporting requirements for apprenticeship program sponsors receiving money contributed into the fund and suggested that the Department develop a standardized report for all apprenticeship program sponsors to use for that purpose.

A motion to request that the Director make a report on the implementation of the fund at the September 10, 2013 Council meeting was made by Mr. Shmelzer, seconded by Mr. Yeatman and unanimously approved.

II. DIRECTOR'S REPORT:

A. Mr. William Taylor informed Council members that there would not be a Director's Report for the July 9, 2013 Council meeting.

III. NEW BUSINESS:

A. NEW PROGRAMS:

1. Engineered Construction Products, LTD. (Alfred M. FitzSimons) - Occupation of Glazier. Related instruction to be in-house using the National Center for Construction Education and Research curriculum. [Printed Standards Forms]

This item of Council business was postponed until the September 10, 2013 Council meeting at the request of Engineered Construction Products, LTD.

2. Spectrum Fire Protection, Inc. (William W. Saxman) - Occupation of Sprinkler Fitter. Related instruction to be through the National Center for Construction Education and Research/American Fire Sprinkler Association correspondence course. 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: This company has been previously registered with the Maryland Apprenticeship and Training Council.

Mr. Saxman introduced Mr. Shawn Cool and Ms. Taylor Cool who were in attendance to represent Spectrum Fire Protection, Inc.

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

3. Plumbing Apprenticeship Program of Carroll County, Maryland (John P. Taylor) - Occupation of Plumber. Related instruction to be in cooperation with Carroll Community College. Request for registration of an Affirmative Action Plan with apprentice selection procedures and goals and timetables for minority and female apprentices.

Mr. John Taylor introduced Ms. Linda Daigle-Jones and Mr. Richard Ward of Carroll Community College who were in attendance to represent the Plumbing Apprenticeship Program of Carroll County, Maryland.

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.

B. PROGRAM REVISIONS:

1. Electrical Apprenticeship Program of Carroll County, Maryland (Karl J. Matzdorf) - Revision to amend apprentice selection procedures for the occupation of Electrician.

Mr. John Taylor informed the Council that when Mr. Matzdorf conducted the review of this apprenticeship program, he had found that the actual process for selecting apprentices had changed over time from when the apprenticeship program was originally registered. At that time, the selection procedures stated that all applicants for the apprenticeship program would apply directly to the sponsor. However, over time, the practice had changed so that participating employers could also submit employees that they already had to become registered into the program as well and that the sponsor was now submitting a revised apprentice selection procedure that reflected this.

Mr. Shmelzer observed that the revised selection procedure referred to the occupation of Plumber rather than Electrician. Mr. John Taylor explained that the revised apprentice selection procedure for this program was developed concurrently with the apprentice selection procedure for the Plumbing Apprenticeship Program of Carroll County, Maryland and that the occupation should have been changed from Plumber to Electrician for this one.

A motion to approve this revision with references to Plumber be corrected to Electrician was made by Mr. McNelly, seconded by Mr. Shmelzer and unanimously approved.

2. Associated Builders and Contractors, Inc., Cumberland Valley Chapter (William W. Saxman) - Revision to add online related instruction through the National Center for Construction Education and Research's NCCERconnect.

Mr. Saxman explained to Council members the reasons why this sponsor saw the need to add the delivery of related instruction via distance learning. Mr. McNelly inquired about the history of the Council in approving distance learning. Mr. John Taylor made note of some of the other apprenticeship program sponsors that the Council had approved to deliver related instruction via distance learning including online classes, video and correspondence courses.

Mr. McNelly stated that he had concerns about how distance learning would be monitored. Mr. Shmelzer noted that when his apprenticeship program had requested approval to use distance learning, they had put a number of stipulations into the proposal as to who would be eligible to receive related instruction through distance learning.

Mr. Yeatman stated that he did not want to approve any request to use distance learning that was less than what the Council had already approved. Mr. Cluster concurred with that position and made a recommendation that a subcommittee be formed to study the questions surrounding distance learning and to make a report and recommendations to the full Council.

A motion to approve this revision was made by Ms. Pointer, seconded by Mr. Cluster and approved with five (5) Council members in favor of the motion, three (3) Council members opposed and one (1) abstention.

A motion to form a subcommittee to study the issues surrounding distance learning and to bring recommendations before the full Council on guidelines for the information that would be needed from apprenticeship program sponsors requesting to use distance learning in the future was made by Mr. Cluster, seconded by Mr. Shmelzer and unanimously approved.

Council members Michelle Butt, Edwin Cluster, Rosie Pointer and James Williams were designated to serve on this subcommittee.

3. Washington, D.C. Joint Plumbing Apprenticeship Committee (John P. Taylor) - Revision to adopt the Amended National Guidelines for Apprenticeship Standards (2011-Edition/2012-Update) developed by the International Pipe Trades Joint Training Committee.

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

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

1. Electrical Apprenticeship Program of Carroll County, Maryland (Karl J. Matzdorf).

Mr. Greenhill observed that much more needed to be done by this sponsor in regards to recruiting minorities and women into their apprenticeship program.

A motion to accept this review, with staff recommendations, was made by Mr. Cluster, seconded by Mr. McNelly and approved with eight (8) Council members in favor of the motion and one (1) abstention.

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. Hilgartner Natural Stone Company, Inc. (Alfred M. FitzSimons) - Occupation of Stone Finisher.

b. 1st Electric, Inc. (Karl J. Matzdorf) - Occupation of Electrician.

c. ATK Elkton (Karl J. Matzdorf) - Occupation of Maintenance Electrician.

d. Bausum & Duckett Electric, LLC (Karl J. Matzdorf) - Occupation of Electrician.

e. Holmatro, Inc. (Karl J. Matzdorf) - Occupation of Machinist.

f. Ilex® Woodworking, Inc. (Karl J. Matzdorf) - Occupation of Cabinetmaker.

g. Kleppinger Electric Company (Karl J. Matzdorf) - Occupation of Electrician.

h. Tony's Electrical Service (Karl J. Matzdorf) - Occupation of Electrician.

D. VOLUNTARY REQUESTS FOR CANCELLATION OF STANDARDS OF APPRENTICESHIP:

1. 1st Electric, Inc. effective May 1, 2013, Myers Funeral Home effective May 7, 2013 and Pritts Funeral Home effective May 7, 2013.

A motion to approve the voluntary requests for cancellation of Standards of Apprenticeship for 1st Electric, Inc., Myers Funeral Home and Pritts Funeral Home as per the dates requested was made by Mr. McNelly, seconded by Mr. Williams and unanimously approved.

E. OTHER BUSINESS:

1. Badger Electric, Inc. (Alfred M. FitzSimons) - Request to register two (2) apprentice Electricians with credit for related instruction beyond the fifty (50%) level.

Mr. Shmelzer brought to the attention of the Council the concerns that he had raised at the previous Council meeting and inquired as to whether the two individuals for whom the request was being made had been verified to have actually received a minimum of 144 hours per year of related instruction.

A motion to approve this request was made by Mr. Greenhill, seconded by Mr. McNelly and approved with eight (8) Council members in favor of the motion and one (1) Council member opposed.

A motion to have Mr. John Taylor contact Delaware officials in regards to how hours of related instruction attendance are verified for related instruction classes in that state was made by Mr. McNelly, seconded by Mr. Shmelzer and approved with six (6) Council members in favor of the motion, one (1) Council member opposed and one (1) abstention.

2. Baltimore JATC for the Electrical Industry (Alfred M. FitzSimons) - Request to re-register an apprentice Electrician with credit for on-the-job training and/or related instruction beyond the fifty percent (50%) level.

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

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

3. Finishing Trades Institute of Maryland, Virginia, Washington, D.C. and Vicinities. (Karl J. Matzdorf) - Request to register an apprentice Drywall Finisher with credit for on-the job training and/or related instruction beyond the fifty percent (50%) level.

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

4. Nickle Electrical Companies (Karl J. Matzdorf) - Request to register an apprentice Electrician with credit for related instruction beyond the fifty percent (50%) level.

This request was withdrawn by Nickle Electrical Companies prior to the Council meeting.

5. United Union of Roofers, Water-proofers and Allied Workers Local Union No. 34 JATC (William W. Saxman) - Request to register four (4) apprentice Roofers with credit for on-the-job training and/or related instruction beyond the fifty percent (50%) level.

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

6. Report from the regulations subcommittee (Jonathan Krasnoff).

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. Yeatman and unanimously approved. The Maryland Apprenticeship and Training Council went into closed session at 11:33 a.m.

A motion to re-convene in public session was made by Mr. Shmezler, seconded by Mr. Cluster and unanimously approved. The Maryland Apprenticeship and Training Council re-convened in public session at 11:46 a.m. Mr. William Taylor stated that the Council had obtained the legal advice of counsel on proposed legislation.

A motion to accept the recommendation from the regulations subcommittee on proposed legislation was made by Mr. Yeatman, seconded by Mr. Shmelzer and unanimously approved.

7. Report on the promulgation of a new State Prevailing Wage regulation that addresses the payment of fringe benefits to apprentices on State Prevailing Wage projects (Jonathan Krasnoff).

Mr. Krasnoff explained to Council members the purpose of the proposed new regulation. He stated that under the present interpretation of the State Prevailing Wage law, apprentices receive 100% of the specified fringe benefits. He added that a number of parties, both union and nonunion, had brought concerns about this to the attention of the Commissioner. Mr. Krasnoff also noted that none of the apprenticeship programs presently registered address the payment of fringe benefits.

Commissioner DeJuliis added that in the past, when certified payrolls were submitted on paper, the Prevailing Wage Unit did not have the means to check the amount of fringe benefits actually paid; only whether they were being paid or not.

8. Informational Items - The following item was 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. Information from Hilgartner Natural Stone Company, Inc. on how the journeyperson hourly wage rate for Stone Finisher was determined and copy of the program review for this program.

Mr. FitzSimons summarized the information that he had obtained from the Hilgartner Natural Stone Company, Inc. for the members of the Council.

The chair recognized Commissioner DeJuliis and invited him to address the Council. Commissioner DeJuliis gave an overview of the efforts being made to recruit apprenticeship program sponsors in nontraditional occupations. He also provided an update on the first meeting of the Taskforce on Economic Development and Apprenticeship as well as how other initiatives related to apprenticeship such as the German Skills Initiative could tie in with the work of the taskforce. He also spoke of the Maryland Transit Administration's Red Line and Purple Line projects and how they would provide opportunities for both pre-apprenticeship and apprenticeship.

There being no further business to come before the Council, the meeting of the Maryland Apprenticeship and Training Council was adjourned at 11:48 a.m.

Respectfully submitted,


C. Edward Poarch II
Secretary
Maryland Apprenticeship and Training Council