DLLR's Division of Labor and Industry

 

November 12, 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 9:15 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. Mr. Norfolk of the Baltimore JATC for the Electrical Industry also welcomed everyone in attendance to their training center. He recognized Mr. Pete Demchuk of the International Brotherhood of Electrical Workers, Local No. 24 and thanked him for their role in support of the apprenticeship program.

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 
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:
J. Ronald DeJuliis - Commissioner of Labor and Industry, DLLR 
C. Edward Poarch II - MATP 
Kelton Addison - MATP 
Charles Buttiglieri - MATP 
Alfred M. FitzSimons - MATP 
Kevin Johnson - MATP 
William W. Saxman - MATP 
John P. Taylor - MATP 
Michael Alexander - Baltimore City Joint Apprenticeship Committee 
Beth M. Arman - Community College of Baltimore County 
Jenny Baker - DLLR/OAG 
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 Joint Apprenticeship Committee 
Ann Cunningham - Glass Service of Cumberland, Inc. 
Pete Demchuk - International Brotherhood of Electrical Workers, Local No. 24 
Angelica Faulkner - Associated Builders and Contractors, Inc.,Chesapeake Shores Chapter 
Kathy Gress - Associated Builders and Contractors, Inc., Cumberland Valley Chapter 
Jonathan R. Krasnoff - DLLR/OAG 
Karl J. Matzdorf - Retired MATP Staff 
Pat Matzdorf - 
David A. McCord - Washington, D.C. Electricians JATC, I.B.E.W. Local No. 26 
Sean Myers - Washington, D.C. Electricians JATC, I.B.E.W. Local No. 26 
Patricia Mikos - MSDE 
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 
Sean T. Straser - Steamfitters Local No. 602 JATC  

I. The first order of business was the approval of the minutes of the September 10, 2013 Council meeting. The minutes of the September 10, 2013 Council meeting were approved as submitted.

II. DIRECTOR’S REPORT:

A. Mr. Poarch provided Council members with an update on the Apprenticeship Training Fund. He stated that any project that had a designation of 16890 or above was formed after July 1, 2013 when the law took effect requires the payment of $0.25 per hour into the fund or proof of credit in the same amount by contractors having a contract of $100,000 or greater. He noted that currently there were two contracts working; one with Whiting & Turner Contracting Company and the other with Emjay Engineering & Construction Company.

B. Council members were informed that work had started on rebuilding the Apprenticeship Information Management System (AIMS). With the new system, sponsors would be able to input information into AIMS.

C. Mr. Poarch informed the Council that the Apprenticeship Navigators have been working extremely hard to expand apprenticeship into both traditional and non-traditional areas.

The chair welcomed Commissioner of Labor and Industry, J. Ronald DeJuliis to the Council meeting and extended an invitation to him to address the meeting.

Commissioner De Juliis followed-up on the Director’s discussion of electronic recordkeeping and stated that he looked forward to when the Council meeting materials could be distributed to Council members by electronic media rather than paper.

The Commissioner stated that he would like to see a time when no money would be coming into the Apprenticeship Training Fund with the possible exception of transient contractors and that all contractors would instead be making their required contributions to apprenticeship program sponsors.

Commissioner DeJuliis gave the Council an update on the work of the Economic Development and Apprenticeship Taskforce that had been mandated by the legislature. He stated that the taskforce had discussed several of the apprenticeship models being used elsewhere and would try to take the best from each of the models and find out how employers would respond.

Commissioner DeJuliis invited retired Apprenticeship and Training Specialist Karl J. Matzdorf to the front and extended his appreciation to him for his service to apprenticeship. Mr. Shmelzer presented Mr. Matzdorf with a retirement gift on behalf of the members of the Council. Commissioner DeJuliis and Mr. William Taylor presented Mr. Matzdorf with a plaque in thanks for his outstanding service. Mr. Matzdorf thanked the Commissioner and Council members for their recognition and stated that it had been a pleasure working for apprenticeship.

The chair next recognized Mr. Jonathan Krasnoff. Mr. Krasnoff informed those in attendance at the Council meeting that he would be retiring from state service at the end of the year. He introduced Ms. Jenny who has been a lawyer with the Attorney General’s Office for over twenty years and has been counsel to the Office of the Commissioner of Labor and Industry for 18 years. He stated that Ms. Baker would be working as interim counsel to the Council.

Commissioner DeJuliis thanked Mr. Krasnoff for his service and informed Council members that Mr. Krasnoff had recently settled agreements for $1.2 million in back wages on two projects.

Mr. Shmelzer asked the Commissioner whether the Department had filed any bills for the upcoming session of the legislature. Commissioner DeJuliis replied that there had been some ideas about legislation but that they would have to flow through the Governor’s office. Mr. Shmelzer requested an update on legislation at the January 14, 2014 Council meeting.

III. OLD BUSINESS:

A. OTHER BUSINESS:

1. Sheet Metal Workers Local No. 100 JATC, Baltimore, Maryland Area (Alfred M. FitzSimons) – Request for registration of an apprentice Sheet Metal Worker with credit for on-the-job training and/or related instruction beyond the fifty percent (50%) level due to delayed registration

This request was tabled at the September 10, 2013 Council meeting and staff was requested to find out whether there had been any prevailing wage issues involving the individual for whom the request was being made.

Mr. FitzSimons informed Council members that following the previous Council meeting, he had checked with the State Prevailing Wage Unit and had found that there were no prevailing wage issues for that individual

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

IV. NEW BUSINESS:

A. NEW PROGRAMS:

1. Glass Service of Cumberland, Inc. (William W. Saxman) - Occupation of Glazier. Related instruction to be in-house and through manufacturer/vendor courses. Request for registration of an Affirmative Action Plan with apprentice selection procedures and goals and timetables for minority and female apprentices.

Mr. Saxman introduced Ms. Ann Cunningham who was in attendance at the Council meeting to represent Glass Service of Cumberland, Inc.

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

B. PROGRAM REVISIONS:

1. Associated Builders and Contractors, Inc., Cumberland Valley Chapter (William W. Saxman) – Request for reactivation of the occupation of Construction Craft Laborer with updated schedule of on-the-job training work processes and related instruction curriculum.

A motion to approve this revision was made by Mr. McNelly, and seconded by Mr. Shmelzer. The motion was subsequently withdrawn by Mr. McNelly.

Mr. Greenhill questioned Mr. Saxman about what the sponsor would do to make the occupation of Construction Craft Laborer more successful that before. Mr. Saxman responded that when the sponsor had had this occupation previously, it was for a special project and that the state had recruited the applicants for the program. This time, the sponsor’s member contractors would be involved in the recruitment process.

Mr. Norfolk inquired about the journeyperson hourly wage rate for Construction Craft Laborer. Mr. Saxman replied that the sponsor had provided that rate to him but that it did not get entered on the Standards Report Form.

A motion to table this request until the end of the agenda in order for the sponsor to obtain the average journeyperson hourly wage rate for Construction Craft Laborer was made by Mr. McNelly, seconded by Mr. Shmelzer and unanimously approved.

Later in the meeting, Mr. Saxman noted that it was an error on his part that the journeyperson rate had been omitted on the Standards Report Form and that the average journeyperson hourly wage rate was $17.75 per hour.

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

2. NewPage Corporation Joint Apprenticeship Committee (William W. Saxman) – revision to update the schedule of on-the-job training work processes, related instruction curriculum, apprentice progress review process, length of probationary period for new hires, apprentice wage progression schedule and provision to allow overtime hours to count towards completion for the occupation of Multicraft Welder-Pipefitter.

Mr. Greenhill inquired about the number of minority and women journeypersons in the sponsor’s workforce and asked when the Council would see some change in those numbers. Mr. Saxman noted that there is one major employer in the Cumberland, Maryland area that aggressively recruits qualified minorities from other employers in that area by offering them higher wage rates.

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

3. Heat and Frost Insulators and Allied Workers Local No. 24 Joint Apprenticeship Committee (John P. Taylor) Revision to apprentice application and selection procedures to specify that the Joint Apprenticeship Committee will determine the dates and times that the program will accept applications and to add a $25.00 fee to cover the cost of an on-line application and assessment process.

Mr. Shmelzer inquired about the validation process for the assessment instrument that the sponsor was proposing to use. Mr. Cavey responded that the vendor, Apprentice Performance Solutions was working with current apprentices throughout the country to validate the assessment process. He also noted that they would continue to use a paper application form that would be completed in person when the applicant applies which would be prior to the on-line assessment and interview. Interviewers would be provided with the assessment scores.

Ms. Pointer stated that she had concerns about the $25.00 fee for the on-line assessment. Mr. Cavey responded that this fee was being charged by Apprentice Performance Solutions to perform the assessment. Ms. Pointer in turn stated that this fee would be unfair to those who wanted to get into the apprenticeship program but could not afford the fee.

A motion to approve this revision was made by Mr. Greenhill, seconded by Mr. Kelly and approved with seven (7) Council members in favor of the motion and two (2) Council members opposed.

4. Mid-Atlantic Carpenters Training Centers (John P. Taylor) - Revision to the probationary period, drug test policy, Work Experience and Related Training Schedules (Appendix A) and addition of a Student Accountability Rating System and Prohibition and Reporting of Harassment in the Student Handbook (Appendix D).

Mr. John Taylor informed Council members that these changes were to correct some errors and omissions that had occurred when the sponsor’s updated Standards of Apprenticeship had been previously submitted for approval and registration.

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

5. Washington, D.C. Electricians JATC (John P. Taylor) – Revision to register updated Standards of Apprenticeship based upon National Guidelines for Apprenticeship Standards developed by the National Joint Apprenticeship and Training Committee for the Electrical Industry for the occupations of Electrician and Telecommunications Installer-Technician.

Employee Representative Larry R. Greenhill, Sr. recused himself from the consideration of this item of Council business.

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

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

1. HMI Insulation, LLC (Alfred M. FitzSimons).

Mr. FitzSimons informed Council members that the representative from HMI Insulation, LLC had not yet arrived for the Council meeting and questioned whether the consideration of this review could be postponed until later in the meeting.

A motion to table this review until the end of the agenda in order to provide additional time for a representative from HMI Insulation, LLC to arrive for the Council meeting was made by Mr. Williams, seconded by Mr. McNelly and unanimously approved.

No one ever arrived from HMI Insulation, LLC by the end of the Council meeting.

A motion to table this review until the January 14, 2014 Council meeting was made by Mr. McNelly, seconded by Mr. Kelly and unanimously approved.

D. VOLUNTARY REQUESTS FOR CANCELLATION OF STANDARDS OF APPRENTICESHIP:

1. Aircon Engineering, Inc. effective October 8, 2013.

Mr. Saxman explained that due to economic conditions in the sponsor’s region, it was no longer possible for them to maintain a viable apprenticeship program.

A motion to approve the voluntary request for cancellation of Standards of Apprenticeship for Aircon Engineering, Inc. as per the date requested was made by Mr. Greenhill, seconded by Mr. McNelly and unanimously approved.

E. OTHER BUSINESS:

1. Associated Builders and Contractors, Inc., Chesapeake Shores Chapter (Alfred M. FitzSimons) – Request for after-the-fact registration and completion of an apprentice HVACR Technician.

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

2. Report on related instruction attendance requirements for apprentices attending related instruction classes in Delaware (John P. Taylor)

Mr. John Taylor stated that at the July 9 2013 Council meeting he had been requested to obtain information about the number of hours per year that apprentices taking related instruction classes in the State of Delaware are required to attend. He stated that under Delaware Regulation 6.0 Standards of Apprenticeship, 6.2.5 established the same requirement for apprenticeship program sponsors for providing related instruction as exists in the State of Maryland. In Delaware, however, the 144 hours per year is interpreted as a recommended minimum requirement for what sponsors are required to provide rather than as an attendance requirement for apprentices. Unlike Maryland, Delaware also has a separate regulation, 9.0 Related Instruction Requirement that established an attendance policy by regulation for all apprentices registered in that state. All vocational-technical schools in Delaware that offer apprentice related instruction classes are required to adhere to that attendance requirement.

Mr. John Taylor went on to state that he had learned from Mr. Kevin Calio, Administrator of the Apprenticeship and Training Section for Delaware, that in New Castle County, all of the vocational-technical schools provide 159 hours per year of related instruction for the first year for all occupations. Thus, even if a first year apprentice had the maximum number of absences allowed under Delaware regulations, he/she would still have attended 144 hours of class time and would be advanced to the next level of related instruction classes provided they had demonstrated proficiency in the first year subject matter by attaining a passing grade on the final examination. Related instruction classes for years two through four ranged from 150 to 153 hours per year. Thus hypothetically, an apprentice in years two through four could advance to the next level of related instruction and/or complete his her apprenticeship with less than 144 hours of actual class time provided that they had demonstrated proficiency in the subject matter for the year that they had just completed by attaining a passing grade on the final examination.

The vocational-technical schools in Kent and Sussex Counties provide 144 hours of related instruction per year for all levels of related instruction classes. In those counties, apprentices are not permitted to be absent on more occasions than allowed under Delaware regulations, however, make up classes are offered to those apprentices whose absences are due to exceptional circumstances. Again, hypothetically, an apprentice whose total number of absences did not exceed the maximum number allowed by regulation could advance to the next level of related instruction classes with less than 144 hours of actual class time by demonstrating proficiency in the subject matter for the year that they had just completed by attaining a passing grade on the final examination.

Finally, Mr. John Taylor informed Council members that the Apprenticeship and Training Section office in Delaware does not receive nor maintain individual apprentice attendance and grade records. However, in all instances where an apprentice exceeds the maximum number of absences allowed or does not attain a passing grade, that office is notified, in writing, by the schools that provide the related instruction classes.

Mr. McNelly asked Mr. Krasnoff whether there was anything in this agenda item that created a legal problem between the State of Maryland and the State of Delaware. Mr. Krasnoff replied that the procedures in Delaware evidence that they have control over the attendance issue.

Mr. Shmelzer inquired as to whether Maryland registered apprentices are held to the same standards as Delaware apprentices. Mr. John Taylor responded that if a Maryland registered apprentice exceeds the maximum number of absences permitted than they are removed from related instruction classes the same as an apprentice registered in Delaware. Additionally, Maryland apprenticeship program sponsors receive written notice when their apprentices’ absences exceed certain thresholds. Additionally, apprentices registered in Maryland must provide a copy of their registered Apprenticeship Agreement at the time of registration for classes so that the schools in Delaware know who their sponsors are.

A motion to accept the findings in this report was made by Mr. Shmelzer, seconded by Mr. Kelly and unanimously approved.

3. Proposed schedule of Maryland Apprenticeship and Training Council meetings for calendar year 2014.

A motion to approve the proposed schedule of Maryland Apprenticeship and Training Council meetings for calendar year 2014 was made by Mr. Greenhill, seconded by Mr. Kelly and unanimously approved.

The schedule of meeting dates and meeting locations for calendar year 2014 are as follows:

Tuesday, January 14, 2014 at 9:00 a.m.

Community College of Baltimore County
Center for the Arts Building Lounge
800 South Rolling Road
Catonsville, Maryland 21228

Tuesday, March 11, 2014 at 9:00 a.m.

Washington, D.C. Electricians JATC
I.B.E.W. Local No. 26
4371 Parliament Place, Suite A
Lanham, Maryland 20706

Tuesday, May 13, 2014 at 9:00 a.m.

Mid-Atlantic Carpenters’ Training Centers
8510 Pennsylvania Avenue
Upper Marlboro, Maryland 20772

Tuesday, July 8, 2014 at 9:00 a.m.

Associated Builders and Contractors, Inc.
Metropolitan Washington Chapter
6901 Muirkirk Meadows Drive
Beltsville, Maryland 20705

Tuesday, September 9, 2014 at 9:00 a.m.

Steamfitters Local No. 602 JATC
8509 Ardmore-Ardwick Road
Landover, Maryland 20785

Tuesday, November 18, 2014 at 9:00 a.m.

To be arranged

There being no further business to come before the Council, the meeting of the Maryland Apprenticeship and Training Council was adjourned at 11:15 a.m.

Respectfully submitted,


C. Edward Poarch II
Secretary
Maryland Apprenticeship and Training Council