January 12, 2016 - Minutes of Public Meetings - Apprenticeship and Training Council

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Mr. William C. Taylor called the Council meeting to order at 9:05 a.m. at the Maryland Department of Labor, Licensing and Regulation, 1100 North Eutaw Street, Lower Level Training Room, Baltimore, Maryland 21201 and welcomed all Council members, staff and guests in attendance.

PRESENT:

COUNCIL MEMBERS:
William C. Taylor - Chairperson, Public Representative
Brian S. Cavey - Employee Representative
David W. Norfolk - Employee Representative
David J. Wilson, Sr. – Employee Representative
Robert F. Yeatman, Jr. – Employee Representative
Leon W. Bromley - Employer Representative
Michelle L. Butt - Employer Representative
Edwin Cluster - Employer Representative
Grant B. Shmelzer - Employer Representative
David Smarte - Employer Representative

Ronald Leonard - USDL/OA Ex Officio Consultant to the Council
C. Jeff Beeson - Consultant to the Council

OTHERS:
Thomas J. Meighen - Commissioner of Labor and Industry, DLLR
Kathleen S. Sibbald - MATP
Kelton Addison - MATP
Alfred M. FitzSimons - MATP
John P. Taylor - MATP
John Vontran - MATP
Michael L. Alexander - Baltimore City Joint Apprenticeship Committee
Jenny Baker - DLLR/OAG
John Baldwin - University of Maryland Medical System
Kevin Burton - Washington, D.C. Electricians JATC, I.B.E.W. Local No. 26
Jessica Carter - DLLR/OAG
Chuck Cain - Holmatro, Inc.
Otto Girr - Miller and Long Company, Inc.
Kathy Gress - Associated Builders and Contractors, Inc., Cumberland Valley Chapter
Robert A. Johnston - SimplexGrinnell LP
Norbert R. Klusmann - Sheet Metal Workers Local No. 100 JATC, Washington, D.C. Area
Charles Lenderking - Joseph M. Zimmer, Inc.
Tim Medford - Baltimore JATC for the Electrical Industry
Pat Mikos - MSDE
Thomas J. Moloney - Mid-Atlantic States District Council of Ironworkers
Diane Peters - DLLR/Office of the Secretary
Renee Rarden - University of Maryland Medical System
Jason C. Roberts - Associated Builders and Contractors, Inc., Metropolitan Washington Chapter
Wilford Seilhamer - PAssociated Builders and Contractors, Inc., Cumberland Valley Chapter
Vik Singh - Specialty Construction Management, Inc.
Darryl J. Strathy - Elliott Dredges, LLC
Leonard Taylor - University of Maryland Medical System
Nancy J. Tretick - Associated Builders and Contractors, Inc.,
Chesapeake Shores Chapter
Charles Wallace - MSDE
Neil E. Wilford, Jr. - Baltimore JATC for the Electrical Industry

I.The first order of business was the approval of the minutes of the November 10, 2015 Council meeting. The minutes of the November 10, 2015 Council meeting were approved as submitted.

II. DIRECTOR’S REPORT:

A. Ms. Sibbald informed Council members of the memorandum of January 4, 2016 from Secretary Schulz regarding legislative policy. They were reminded that no DLLR employees, including Board members, may offer testimony on a particular bill before the General Assembly without authorization from the Legislative Office and the Secretary of DLLR. Copies of the memorandum were distributed to the Council members.

B. Council members were provided an update on the Apprenticeship and Training Fund. Ms. Sibbald informed Council members that since the beginning of State Fiscal Year 2016, the fund had received $122,631.07. There had been expenditures of $22,250.20 leaving a balance in the fund of approximately $100,380.87 as of the end of December 2015. The fund can be used to cover the salaries of up to three contractual Apprenticeship Navigators although there is presently only one.

Ms. Sibbald reminded sponsors that receive funds from their members that they are required to file quarterly reports with DLLR to account for those funds being received. She stated that those reports could be filed on the DLLR website. Mr. Shmelzer noted that he had requested the department to provide information to the sponsors about their responsibilities regarding the fund and whether that information had been developed. Ms. Sibbald responded that that information could be placed on the website.

C. Updated information on Apprenticeship Maryland, the youth apprenticeship initiative, was presented to Council members. The focus of Apprenticeship Maryland would be on occupations in science, technology, engineering and mathematics (STEM). School systems in Frederick and Washington Counties had been selected to pilot the initiative. Proposed regulations for the initiative had been published in the Maryland Register. MATP staff is involved in the recruitment of employers in the Frederick and Hagerstown areas that would be interested in participating in this initiative. John Vontran would be the point of contact for this.

D. Council members were informed by Ms. Sibbald that she and MATP staff had meet with representatives of the U.S. Department of Labor’s Office of Apprenticeship regarding Maryland using the Registered Apprenticeship Partners Information Data System (RAPIDS). It was concluded that the current version of RAPIDS does not meet MATP’s needs. However, when a new version of RAPIDS is released sometime in the summer, MATP could take another look at RAPIDS.

E. Ms. Sibbald noted that the comment period for the proposed revised federal Equal Employment Opportunity/Affirmative Action regulations for apprenticeship had been extended to January 20, 2016. Commissioner Meighen expressed some concerns that he had about those proposed revised regulations. He observed that the Office of Federal Contract Compliance Programs (OFCCP) which is also under the U.S. Department of Labor already has EEO/AA requirements within federal contracts. The proposed revised EEO/AA requirements for apprenticeship are entirely different from the OFCCP requirements.

Council members were also brought up-to-date on the progress of bringing Maryland’s Apprenticeship and Training regulations into conformance with the revised federal regulations for apprenticeship found at Title 29 Code of Federal Regulations, Part 29. Ms. Sibbald asked Ms. Carter to explain to the Council the additional areas that John Ladd of the Office of Apprenticeship had requested be addressed. Ms. Carter stated that there were four areas that needed further work.

The Office of Apprenticeship still had a concern that Maryland’s Apprenticeship and Training regulations do not clearly provide for a state apprenticeship registration agency and that the Apprenticeship and Training Council operates under the direction of the state apprenticeship registration agency. Ms. Carter stated that there would be further discussion with the Office of Apprenticeship regarding Maryland’s position on this.

The Office of Apprenticeship also had a concern about use of the terms “trades” and “crafts” in Maryland’s regulations rather than the term “occupations.” They contended that those terms limited the applicability of apprenticeship. The Office of Apprenticeship recommended that Maryland’s regulations use the term “occupations” rather than “trades” or “crafts” and Ms. Carter recommended to the Council that they accept that recommendation.

A motion to accept that recommendation was made by Mr. Smarte, seconded by Mr. Shmelzer and unanimously approved.

Their third concern was that the probationary period in Maryland’s regulations did not conform to the federal regulations. The federal regulations provide that the probationary period cannot exceed one quarter of the term of apprenticeship or one year. The probationary period cannot go beyond one year. The Office of Apprenticeship recommended that the probationary period in Maryland’s regulations be amended to conform to the federal regulations.

A motion to accept that recommendation was made by Mr. Shmelzer, seconded by Mr. Cavey and unanimously approved.

Their fourth area of concern was a provision in Maryland’s Apprenticeship and Training regulations precluding employers from both having an individual apprenticeship program and participating in a group non-joint apprenticeship program for the same occupation in the same Standard Metropolitan Statistical Area. Ms. Carter explained that a July 23, 2015 letter from the Commissioner to Mr. Ladd had stated Maryland’s position as to why that provision should be retained in Maryland’s regulations and that if further efforts the persuade the Office of Apprenticeship that that provision should be retained proved to be unsuccessful then Maryland might not have any other choice than to remove it from Maryland’s regulations.

III.OLD BUSINESS:

A. PROGRAM REVISIONS:

1. Holmatro, Inc. (John Vontran) – Request for reactivation of Standards of Apprenticeship for the occupation of Machinist. A review of their Standards had found that the Work Processes and Related Instruction curriculum continued to meet industry standards.

This item was tabled at the November 10, 2015 Council meeting in order for a representative of the sponsor to be present at the Council meeting.

Mr. Vontran introduced Chuck Cain who was in attendance representing Holmatro, Inc. Mr. Vontran then explained to Council members that he had reviewed this apprenticeship program and found that it continued to meet industry standards and that if the Council approved the reactivation of the apprenticeship program, Holmatro, Inc. had two individuals that they would be submitting for registration as apprentices.

A motion to approve the reactivation of Standards of Apprenticeship for Holmatro, Inc. for the occupation of Machinist was made by Mr. Shmelzer, seconded by Ms. Butt and unanimously approved.

B. OTHER BUSINESS:

1. SimplexGrinnell LP (Alfred M. FitzSimons) – Request for after- the-fact re-registration and completion of an apprentice Sprinkler Fitter.

This item was tabled at the November 10, 2015 Council meeting in order for a representative of the sponsor to be in attendance at the Council meeting.

Mr. FitzSimons introduced Robert Johnston who was in attendance representing SimplexGrinnell LP. A motion to approve this request was made by Mr. Shmelzer, seconded by Mr. Wilson and unanimously approved.

IV. NEW BUSINESS:

A. NEW PROGRAMS:

1. University of Maryland Medical System (Alfred M. FitzSimons) - Occupation of Building Automation Technician. Related instruction to be provided by the Community College of Baltimore County, EMS Technologies, Associated Builders and Contractors, Inc. (Baltimore), Carrier University, National Balancing Council and the American Society for Healthcare Engineering. [PLEASE NOTE: This occupation had not been previously reviewed and approved by the Maryland Apprenticeship and Training Council]

Mr. FitzSimons introduced John Baldwin, Renee Rarden and Leonard Taylor who were representing the University of Maryland Medical System (UMMS).

Mr. Shmelzer observed that the on-the-job training work processes were broken out on a year to year basis rather than being arranged by skill areas showing in detail what each skill area consisted of along with the total number of on-the-job training hours required for each skill area.

Mr. Shmelzer also noted that some of the related instruction consisted of community college courses and inquired as to whether they needed to be taken sequentially or were they stand alone modules. Mr. Baldwin responded that ideally, they would be taken in sequence when available. Mr. Shmelzer also inquired as to how the UMMS would verify hours of attendance for courses taken through the community colleges. Mr. FitzSimons responded that he had been in contact with the Community College of Baltimore County and had been informed that they do keep records of hours of attendance.

Mr. Yeatman asked what would happen if there were not enough students for a community college to conduct a particular class. Mr. Baldwin replied that if it came to that situation, they present alternatives to the Council at that time.

Mr. Shmelzer noted that it stated in the minimum qualifications that applicants must pass math, drug, English and reading tests and asked how and when those tests would be administered. Mr. Baldwin stated that they would be normal standardized tests used by the University.

Mr. Cluster observed that there were some references to safety included in the related instruction curriculum but suggested there be some additional safety training such as OSHA 10, OSHA 30 or First Aid and CPR training.

Ms. Carter advised Council members that since the UMMS was proposing a new occupation, there should be separate votes on whether to recognize the occupation as being apprenticeable and then whether to approve and register their apprenticeship program.

A motion to approve the recognition of Building Automation Technician as an apprenticeable occupation was made by Mr. Cluster, seconded by Ms. Butt and approved with eight (8) Council members in favor of the motion and one (1) Council member opposed.

A motion to table this request for registration of Standards of Apprenticeship until the March 8, 2016 Council meeting in order for the UMMS to address the concerns presented by Council members was made by Mr. Cluster, seconded by Mr. Bromley and unanimously approved.

It was then recommended to the UMMS that they add the OSHA 10- hour General Industry Training Course, that the on-the-job training work processes by organized by skill areas and that information be provided as to when how the minimum qualifications for apprenticeship would be evaluated. Mr. Shmelzer also recommended that the related instruction curriculum show only course titles and not the names of a specific educational institution providing them so that if it was necessary to make a substitution, there would not be a need for the UMMS to come back before the Council for approval.

B. PROGRAM REVISIONS:

1. Ellicott Dredges, LLC (Alfred M. FitzSimons) – Revision to add the occupation of Machinist. Related instruction to be through the Community College of Baltimore County, Catonsville Campus and specialized in-house instruction.

Mr. FitzSimons introduced Darryl Strathy who was in attendance representing Ellicott Dredges, LLC.

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

2. Associated Builders and Contractors, Inc., Cumberland Valley Chapter (John P. Taylor) – Revision to Qualifications for Apprenticeship to permit the registration of high school students participating in an approved School–to-Apprenticeship Program.

Mr. John Taylor introduced Wilford Seilhamer and Kathy Gress who were representing the sponsor. He went on to inform Council members that at one time this sponsor had had school-to- apprenticeship. However, the last time that their Standards had been updated, being a high school student enrolled in an approved school-to-apprenticeship program was eliminated from their minimum qualifications for apprenticeship.

Mr. Cavey inquired as to where the school-to apprenticeship apprentices would be on the sponsor’s apprentice wage progression schedule. Mr. Seilhamer responded that they would be high school seniors who would start as first year apprentices at the fifty percent level.

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

3. Joseph M. Zimmer, Inc. (John Vontran) – Revision to add the occupation of HVACR Technician. Related instruction to be through Sussex Tech Adult Division in Georgetown, DE.

Mr. Vontran introduced Charles Lenderking who was representing Joseph M. Zimmer, Inc. at the Council meeting.

Mr. Shmelzer inquired as to whether Joseph M. Zimmer, Inc. would receive copies of their apprentices’ grades and attendance from Sussex Tech. Council members discussed various ways that this could be accomplished.

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

4. Parker Fuel Company, Inc. (John Vontran) – Revision to change the related instruction to be through the Heating and Air Conditioning Contractors of Maryland, Inc.

A motion to table this revision until the March 8, 2016 Council meeting in order for a representative of the sponsor be in attendance at the Council meeting was made by Mr. Shmelzer, seconded by Mr. Cavey and unanimously approved.

C. PROGRAM REVIEWS (Fewer Than Five (5) Apprentices)

1. The following program reviews had been performed and the programs had been found to be conducted in a satisfactory manner. [No Council Action Required]:

a. British American Auto Care, Inc. (John Vontran) – Occupation of Automotive Mechanic Technician.

b. Flowserve Corporation (John Vontran) – Occupation of Machinist.

c. Parker Fuel Company, Inc. (John Vontran) – Occupation of HVACR Technician.

d. SimplexGrinnell LP (John Vontran) – Occupations of Protective Signal Installer and Sprinkler Fitter.

D. OTHER BUSINESS:

1. Associated Builders and Contractors, Inc., Metropolitan Washington Chapter (John P. Taylor) – Request to register an apprentice HVACR Technician with credit for on-the-job training and related instruction beyond the fifty percent (50%) level.

Mr. John Taylor introduced Jason Roberts who was present at the Council meeting to represent Associated Builders and Contractors, Inc.

A motion to approve this request was made by Mr. Smarte, seconded by Mr. Cluster and approved with seven (7) Council members in favor or the motion and two (2) Council members opposed.

2. Specialty Construction Management, Inc. (John Vontran) – Request for after-the-fact registration and completion of an apprentice HVACR Technician and an apprentice Plumber.

Mr. Vontran introduced Vik Singh who was representing Specialty            Construction Management, Inc.

A motion to approve this request was made by Mr. Cluster, seconded by Ms. Butt and unanimously approved.

Mr. Charles Wallace informed Council members that the Skills USA Maryland state championship competition would be held on April 15 and April 16, 2016.

There being no further business to come before the Council, the meeting of the Maryland Apprenticeship and Training Council was adjourned at 11:05 a.m.

Respectfully submitted,

Kathleen S. Sibbald
Secretary
Maryland Apprenticeship and Training Council