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DLLR's Division of Labor and Industry

 

March 11, 2014 - Minutes of Public Meetings - Maryland Apprenticeship and Training Program

 

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Mr. William C. Taylor called the Council meeting to order at 9:00 a.m. at the Washington, D.C. Electricians JATC, I.B.E.W. Local No. 26, 4371 Parliament Place Suite A, Lanham, Maryland 20706 and welcomed all Council members, staff and guests in attendance. He recognized Mr. Larry R. Greenhill, Sr., member of the Council and Vice President of Local No. 26, who welcomed the Council meeting to their training facility. He introduced Mr. David McCord, their Training Director, and his staff and stated that anyone interested in a tour of their training facility should see Mr. McCord after the Council meeting.

PRESENT:

COUNCIL MEMBERS:
William C. Taylor - Chairperson, 

Public Representative 
Larry R. Greenhill, Sr. – Employee Representative 
David W. Norfolk - Employee Representative 
Rosie L.D. Pointer - Employee Representative 
Robert F. Yeatman, Jr. – Employee Representative 
Michelle L. Butt - Employer Representative 
Christopher F. Kelly, Sr.- Employer Representative 
Grant Shmelzer - Employer Representative 

OTHERS:
C. Edward Poarch II MATP 
Charles Buttiglieri - MATP 
Alfred M. FitzSimons - MATP 
William W. Saxman - MATP 
John P. Taylor - MATP 
Michael Alexander - Baltimore City Joint Apprenticeship Committee 
Beth M. Arman - Community College of Baltimore County 
Bob Arnold - Bricklayers and Allied Craft- workers/International Masonry Institute 
Dr. Thomas Barrett - Mid-Atlantic Carpenters’ Training Centers 
Leon W. Bromley - Associated Builders and Contractors, Inc., Chesapeake Shores Chapter 
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 Joint Apprenticeship Committee 
Brian Courtian - Finishing Trades Institute of Maryland, Virginia, Washington, D.C. and Vicinities 
Chris Garvey - Associated Builders and Contractors, Inc., Chesapeake Shores Chapter 
Kathy Gress - Associated Builders and Contractors, Inc., Cumberland Valley Chapter 
Timothy T. Haley - Washington, D C. Joint Plumbing Apprenticeship Committee 
Sarah Harlan - DLLR/OAG 
Angelica Hicks - Associated Builders and Contractors, Inc., Chesapeake Shores Chapter 
Lisa D. Johnson - Associated Builders and Contractors, Inc., Metropolitan Washington Chapter 
Charles W. Ketner - Road Sprinkler Fitters Local Union 669 JATC 
Norbert R. Klusmann - Sheet Metal Workers Local No. 100 JATC, Washington, D.C. Area 
George Krouse - International Union of Operating Engineers Local 77
Dan Mathias - Associated Builders and Contractors, Inc., Chesapeake Shores Chapter 
David A. McCord - Washington, D.C. Electricians JATC, I.B.E.W. Local No. 26 
David L. McNair - Ironworkers Local No. 5 JATC 
Robert G. Migliaccio, Sr.- Reinforcing Ironworkers Local Union No. 201 JATC 
Sean 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 
Wilford Seilhamer - Associated Builders and Contractors, Inc., Cumberland Valley Chapter 
David Smarte - Delaware Elevator 
Sean T. Straser - Steamfitters Local No. 602 JATC 
Neil Wilford - Baltimore JATC for the Electrical Industry 

I.
The first order of business was the approval of the minutes of the November 12, 2013 and January 14, 2014 Council meetings. The minutes of the November 12, 2013 and January 14, 2014 Council meetings were approved as submitted.

II. DIRECTOR’S REPORT:

A. Mr. Poarch informed Council members that former Assistant Attorney General Jonathan Krasnoff had drafted a bill to go to the General Assembly to amend Maryland’s Apprenticeship and Training law to conform to the revised Title 29, part 29 of the Code of Federal Regulations. He added that Senate Bill 54 had passed in the Senate and would be crossing over to the House of Delegates.

B. Council members were provided with an update on the activities of the Apprenticeship Navigators to develop new apprenticeship programs.

III. OLD BUSINESS:

A. PROGRAM REVISIONS:

1. Associated Builders and Contractors, Inc., Baltimore Metropolitan Chapter (Alfred M. FitzSimons) – Revision to apply the percentages of the apprentice wage progression schedule to wages and fringe benefits.

Employer Representative Michelle L. Butt recused herself from the consideration of this item of Council business.

A motion to approve this revision was made by Mr. Shmelzer and seconded by Ms. Pointer.

Mr. Greenhill asked Ms. Butt what fringe benefits were being referred to in the requested revision to their Standards. Ms. Butt responded by referring to the provisions of the State procurement regulations pertaining to the payment of wages and fringe benefits to apprentices. He also asked Ms. Butt whether the sponsor’s fringe benefits were based upon hours worked and whether the monies were paid into a benefits fund. Ms. Butt responded that it was the individual participating contractors who pay the fringe benefits.

Mr. Yeatman asked Ms. Butt that if the contractors were allowed to pay less than one hundred percent of the benefits such as health care, who would make up the difference and whether it would come out of the pay of apprentices.

A motion to table this revision in order to obtain further clarity about what was being requested was made by Mr. Norfolk, seconded by Mr. Kelly and approved with five (5) Council members in favor of the motion and one (1) opposed.

Mr. Kelly requested that further information pertaining to this request by provided to Council members prior to the May 13, 2014 Council meeting.

2. Associated Builders and Contractors, Inc., Baltimore Metropolitan Chapter (Alfred M. FitzSimons) – Revision to add the occupation of Construction Craft Laborer with related instruction to be provided by Associated Builders and Contractors, Inc.

Employer Representative Michelle L. Butt recused herself from the consideration of this item of Council business.

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

3. Associated Builders and Contractors, Inc., Chesapeake Shores Chapter (Alfred M. FitzSimons) – Revision apply the percentages of the apprentice wage progression schedule to wages and fringe benefits.

A motion to table this revision was made by Yeatman, seconded by Mr. Norfolk and approved with six (6) Council members in favor of the motion and one (1) opposed.

4. Associated Builders and Contractors, Inc., Chesapeake Shores Chapter (Alfred M. FitzSimons) – Request for reactivation of the occupations of Plumber and Sprinkler Fitter with updated schedules of on-the-job training work processes, related instruction curriculums and apprentice wage progression schedules.

Mr. Greenhill inquired as to why those occupations had been discontinued. Ms. Hicks replied that they had stopped doing them in the early 2000s due to lack of employer participation at that time. She added that they were now doing a big marketing campaign to bring more employers into their apprenticeship program and already had two employers ready to place apprentices into those occupations.

A motion to approve the request for the reactivation of the occupations of Plumber and Sprinkler Fitter was made by Mr. Kelly, seconded by Mr. Shmelzer and unanimously approved.

5. Associated Builders and Contractors, Inc., Cumberland Valley Chapter (William W. Saxman) – Revision to apply the percentages of the apprentice wage progression schedule to wages and fringe benefits.

Mr. Saxman informed Council members that the Cumberland Valley Chapter was withdrawing their request for this revision.

6. Associated Builders and Contractors, Inc., Cumberland Valley Chapter (William W. Saxman) – Request for reactivation of the occupations of Heavy Equipment Operator and Cement Mason with updated schedules of on-the-job training work processes and related instruction curriculums.

Mr. Shmelzer inquired as to whether there were any licensing requirements for Heavy Equipment Operator. Ms. Gress replied that there were none that she was aware of.
A motion to approve the request for the reactivation of the occupations of Heavy Equipment Operator and Cement Mason was made by Mr. Shmelzer, seconded by Mr. Yeatman and unanimously approved.

7. Associated Builders and Contractors, Inc., Metropolitan Washington Chapter (John P. Taylor) –Revision to apply the percentages of the apprentice wage progression schedule to wages and fringe benefits.

A motion to table this revision was made by Mr. Norfolk, seconded by Mr. Yeatman and approved with six (6) Council members in favor of the motion and one (1) opposed.

8. Steamfitters Local No. 602 Joint Apprenticeship and Training Committee (John P. Taylor) – Revision to Section XI of Standards of Apprenticeship – Wage Scale – Apprentice Wages and Advancement per Collective Bargaining Agreement commencing on August 1, 2013.

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

B. VOLUNTARY REQUESTS FOR CANCELLATION OF STANDARDS OF APPRENTICESHIP:

1. W.B. Maske Sheet Metal Works, Inc. effective December 31, 2013.

Mr. John Taylor explained that the reason why this sponsor was requesting cancellation of their Standards of Apprenticeship was that the owner was retiring and closing the business.

A motion to approve the voluntary request for cancellation of Standards of Apprenticeship for W.B. Maske Sheet Metal Works, Inc. as per the date requested was made by Mr. Yeatman, seconded by Mr. Shmelzer and unanimously approved.

C. OTHER BUSINESS:

1. International Union of Elevator Constructors, Local No 10 Joint Apprenticeship Committee (Alfred M. FitzSimons) – Request for registration of an apprentice Elevator Constructor with credit for on-the-job training and/or related instruction beyond the fifty percent (50%) level.

Employee Representative Robert F. Yeatman, Jr. recused himself from the consideration of this item of Council business.

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

2. Steamfitters Local No. 602 Joint Apprenticeship and Training Committee (John P. Taylor) –Request for re-registration of an apprentice Steamfitter with credit for on-the-job training and/ or related instruction beyond the fifty percent (50%) level due to delayed registration.

Mr. Shmelzer inquired about a State Prevailing Wage project that this individual was reported to have worked on during the period that he was not a registered apprentice. Mr. Poarch replied that one of his Investigators had found that the contractor had reported this individual as a registered apprentice on certified payrolls and that the contractor had been cited for it. Mr. Shmelzer then asked what effect it would have by registering this individual now. Mr. John Taylor responded that the individual had not been a registered apprentice since March 28, 2011 when the sponsor had cancelled his previous Apprenticeship Agreement and that approving his re-registration now would only permit him to be listed as an apprentice on certified payrolls from March 11, 2014 until the time that he completes his apprenticeship.

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

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. Norfolk, seconded by Mr. Yeatman and unanimously approved. The Maryland Apprenticeship and Training Council went into closed session at 9:44 a.m.

A motion to re-convene in public session was made by Mr. Greenhill, seconded by Mr. Shmelzer and unanimously approved. The Maryland Apprenticeship and Training Council re-convened in public session at 10:42 a.m. Mr. William Taylor stated that the Council had obtained the legal advice of counsel on the interpretation of the State Procurement law and regulations provisions applicable to the payment of wages and fringe benefits on State Prevailing Wage projects.
A motion to table the requests from the Baltimore Metropolitan, Chesapeake Shores, Cumberland Valley and Metropolitan Washington Chapters of Associated Builders and Contractors, Inc. to revise their Standards of Apprenticeship to apply the percentages of the apprentice wage progression schedule to wages and fringe benefits until the May 13, 2014 Council meeting was made by Mr. Shmelzer, seconded by Mr. Norfolk and approved with five (5) Council members in favor of the motion, one (1) opposed and one (1) abstention.

There being no further business to come before the Council, the meeting of the Maryland Apprenticeship and Training Council was adjourned at 10:47 a.m.

Respectfully submitted,


C. Edward Poarch II
Secretary
Maryland Apprenticeship and Training Council