January 10, 2017 - Minutes of Public Meetings - Apprenticeship and Training Council

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Mr. William C. Taylor called the Council meeting to order at 9:00 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
Jennifer D. Runkles - Public Representative
Brian S. Cavey – Employee Representative
Allen B. Clinedinst III – Employee Representative
Norbert R. Klusmann, Sr. - Employee Representative
Alexander E. Poling – 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

Charles J. Most, Jr. – Consultant to the Council

OTHERS:
James Rzepkowski - Assistant Secretary for Workforce Development and Adult Learning, DLLR
Brandon S. Butler - Deputy Assistant Secretary for Workforce Development and Adult Learning, DLLR
Christopher D. MacLarion – MATP
Kelton Addison - MATP
John P. Taylor - MATP
John Vontran - MATP
Stephanie Anderson - Heating and Air Conditioning Contractors of Maryland
Sandro Baiza - International Union of Painters and Allied Trades, District Council 51
Jenny Baker - DLLR/OAG
James Balderson, Jr. – Steamfitters Local No. 602 JATC
John Barber - Carpenters Local 177
George Boecker - International Union of Elevator Constructors, Local No. 7
Darren Bonass - Northeast Regional Council of Carpenters
James Brown - Baltimore Area Roofers Joint Apprenticeship Committee, Local No. 30
John Brown - Northeast Regional Council of Carpenters
Justin Brown - Plumbers and Steamfitters U.A. Local No. 489
Thomas Brune - Ironworkers Local No. 16
Kirk Brungard - Foundation for Fair Contracting
Jessica Carter - DLLR/OAG
Christopher M. Cash - Washington, D.C. Electricians JATC, I.B.E.W. Local No. 26
Raul Castro - Keystone+Mountain+Lakes Regional Council of Carpenters
Mark Coles - CHOICE – D.C. and Baltimore Building Trades
Brian Courtian - Finishing Trades Institute of Maryland, Virginia, Washington, D.C. and Vicinities
Oden H. Cowan - International Union of Elevator Constructors, Local No. 7
Pete Demchuk - International Brotherhood of Electrical Workers, Local No. 24
Reggie Garner - International Union of Elevator Constructors, Local No. 10
Scott Garvin - Bricklayers and Allied Craftworkers Local 1
James J. Gauvin - Ironworkers Local No. 16 Joint Apprenticeship and Training Committee
Gary Glab - Plumbers and Steamfitters Local No. 486
Jeff Guido - CHOICE – D.C. and Baltimore Building Trades
Timothy T. Haley - Washington, D C. Joint Plumbing Apprenticeship Committee
Daniel Harrigan - H & D Mechanical
Tom Hayes - CHOICE – D.C. and Maryland Building Trades
Vitro Hilton - Maryland State Pipe Trades Association
George Hogan - International Brotherhood of Electrical Workers, Local No. 26
Bob Holsey - International Union of Operating Engineers, Local No. 37
Gerald Jackson - Plumbers and Steamfitters Local No. 486
Tom Killeen - Sheet Metal Workers Local 100
Lewis Kimball - Kimball Construction Company
Tim Kirlin - American Combustion Industries, Inc.
Richard LaBille - Sheet Metal Workers Local 100
Daniel Loveless - Steamfitters Local No. 602
Fred Matusky - Flo-Tron Contracting, Inc.
Charles Meeks - Delaware Elevator, Inc.
Roxana Mejia - International Union of Painters and Allied Trades, District Council 51
Robert G. Migliaccio, Sr.- Reinforcing Ironworkers Local Union No. 201 JATC
Brian Miller - Millwrights Local 219
Timothy F. Miller - Mid-Atlantic Carpenters’ Training Centers
Mike Moneymaker - Heat and Frost Insulators and Allied Workers Local No. 24
Aaron Morningstar - Glaxo Smith Kline Gary Murdock - Steamfitters Local No. 602 JATC
Richard G. Murphy - International Brotherhood of Electrical Workers, Local No. 26
Thomas Myers - International Brotherhood of Electrical Workers, Local No. 26
Mike Nahar - Sheet Metal Workers Local 100
Adam Pashkevich - Piledrivers Local 179
Sergio Perez - International Union of Painters and Allied Trades, District Council 51
Diane Peters - DLLR/Office of the Secretary
Michelle Phillips - Delaware Elevator, Inc.
Edwin Recinos - Heat and Frost Insulators and Allied Workers, Local No. 24
Matthew Redabaugh - Bricklayers and Allied Craftworkers Local 1
Jason C. Roberts - Associated Builders and Contractors, Inc., Metropolitan Washington Chapter
Alex Sanchez - Laborers International Union of North America
Charles Sewell - Sheet Metal Workers Local 100
Don Smith - North East Contractors, Inc.
Jeffrey Smith - DLLR/DWDAL
David Springham - Baltimore JATC for the Electrical Industry
James L. Spencer - Plumbers & Gasfitters Local No. 5
Jack Taylor - Plumbers & Gasfitters Local No. 5
Nancy Tretick - Associated Builders and Contractors, Inc., Chesapeake Shores Chapter
Dale Troll - Maryland State Pipe Trades Association
Scott Upole - Plumbers and Steamfitters U.A. Local No. 489
Charles Wallace - Maryland State Department of Education
Ellie Webb - Delaware Elevator, Inc.
Stephen Weissenberger - Mechanical Contractors Association of Maryland
Edward Whalen - Sheet Metal Workers Local 100 Joint Apprenticeship Committee
Neil E. Wilford, Jr. - Baltimore JATC for the Electrical Industry
James J. Yuhase, Jr. - Ironworkers Local No. 5 Joint Apprenticeship and Training Committee

I. The first order of business was the approval of the minutes of the November 15, 2016 Maryland Apprenticeship and Training Council meeting. The minutes of the November 15, 2016 Council meeting were approved as submitted.

II. DIRECTOR’S REPORT:

A. Mr. MacLarion reported that the Maryland Apprenticeship and Training Fund held $326,156.15. Last fiscal year, it collected $124,536.88. In December of 2016, it collected approximately $13,000 and that prior to December, the monthly average had been approximately $20,000 per month.

B. Council members were given an update on the events for the 2016 National Apprenticeship Week that was held during this past November. Following the Maryland Apprenticeship and Training Council meeting on Tuesday, November 15, 2016 there was a business roundtable event to promote registered apprenticeship held at the Community College of Baltimore County. On Wednesday, November 16, 2016 there was a Youth Apprenticeship event held at Frederick Memorial Hospital. On Thursday, November, 17, 2016 there was a signing event held at TranZed Apprenticeship Services, LLC for their newly approved apprenticeship program. And on Friday, November 18, 2016 there was a veterans hiring event conducted with Helmets to Hardhats.

C. Information was made available on the final rule on revising Title 29 Code of Federal Regulations, Part 30, the Apprenticeship Equal Opportunity Regulations.

D. Mr. MacLarion informed Council members that there had been a State Apprenticeship Registration Agency (SAA) meeting in Washington, D.C. with the United States Department of Labor for all of the SAAs to discuss a seamless National Apprenticeship System.

F. It was announced that late in the day on Monday, January 9 2017 the United States Department of Labor Office of Apprenticeship had issued final guidance on addressing the ratio issue.

G. Mr. MacLarion introduced James Rzepkowski, Assistant Secretary for the Division of Workforce Development and Adult Learning who delivered welcoming remarks to the Council on behalf of Secretary Kelly Schulz.

Mr. William Taylor observed that due to the amount of attention that had been drawn by the ratio issue, in order to get a full discussion of it, it would probably be necessary to create a subcommittee and called for a motion to form such a subcommittee. The subcommittee would not exceed five (5) members and consist of an equal number of employer and employee representatives.

A motion to form a subcommittee to study the ratio issue was made by Mr. Shmelzer, seconded by Ms. Runkles and unanimously approved.

The following Council members were designated to serve on the  subcommittee:

Jenifer Runkles    Public Representative
Brian Cavey  Employee Representative
Norbert Klusmann   Employee Representative
Grant Shmelzer     Employer Representative
David Smarte       Employer Representative

Mr. Clinedinst stated that given all of the public participation, it would not be a good idea to not give them the opportunity to speak as to what they thought the Council’s decision should be regarding the ratio question.

Mr. Fred Matusky, Chief Executive Officer of Flo-Tron Contracting, Inc. stated that he had safety concerns about having two (2) apprentices with one (1) mechanic as it would be dangerous. He was also concerned that doubling the number of apprentices could lead to an oversupply of mechanics with not enough work to maintain employment for all of them.

III. OLD BUSINESS:

A. PROGRAM REVISIONS:

1. Englishman Electric, Inc. (John F. Vontran) – Request for reactivation of Standards of Apprenticeship for the occupation of Electrician.

Englishman Electric, Inc. requested that this request be postponed until the January 2017 Council meeting as Mr.

Englishman could not attend the November 15, 2016 Council meeting due to a scheduling conflict.

Mr. Vontran informed Council members that because of the heavy volume of snow that had fallen on the Lower Eastern Shore of Maryland, Mr. Englishman was not able to be in attendance at the January 10, 2017 Council meeting.

IV. NEW BUSINESS:

A. NEW PROGRAMS:

1. Human Genome Sciences, Inc. (John F. Vontran) – Occupation of Instrumentation and Electrical Technician. Related instruction to be through Anne Arundel Community College.

Mr. Vontran presented this proposed new apprenticeship program to the Council and introduced Mr. Aaron Morningstar who was in attendance to represent Human Genome Sciences, Inc.

Mr. Clinedinst inquired about the type of maintenance work the the apprentices would be trained to perform. Mr. Morningstar responded that it would be instrument maintenance.

Mr. Shmelzer noted that the related instruction would be through Anne Arundel Community College and reminded Mr. Morningstar of the sponsor’s responsibility for obtaining records of their apprentices’ hours of related instruction attendance from the college. Ms. Carter suggested that at the next Council meeting staff could lead a discussion of how colleges and sponsors record attendance and hours of classroom instruction.

A motion to approve the Standards of Apprenticeship for Human Genome Sciences, Inc. with the provision that after one year, a complete review of the program be performed to assure that it has been documented that apprentices are receiving the number of hours of related instruction required was made by Mr. Cluster, seconded by Mr. Smarte and unanimously approved.

B. PROGRAM REVSIONS:

1. Associated Builders and Contractors, Inc., Cumberland Valley Chapter (John P. Taylor) – Request to revise the ratio of apprentices to journeyworkers from one (1) apprentice to one (1) journeyworker to two (2) apprentices to one (1) journeyworker for all registered occupations.

Council members were provided with a copy of a request from Associated Builders and Contractors, Inc. for the Council to postpone consideration of this item.

2. Associated Builders and Contractors, Inc., Metropolitan Washington Chapter (John P. Taylor) – Request to revise the ratio of apprentices to journeyworkers from one (1) apprentice to one (1) journeyworker to two (2) apprentices to one (1) journeyworker for all registered occupations.

Council members were provided with a copy of a request from Associated Builders and Contractors, Inc. for the Council to postpone consideration of this item.

3. Associated Builders and Contractors, Inc., Baltimore Metropolitan Chapter (John F. Vontran) – Request to revise the ratio of apprentices to journeyworkers from one (1) apprentice one (1) journeyworker to two (2) apprentices to one (1) journeyworker for all registered occupations.

Council members were provided with a copy of a request from Associated Builders and Contractors, Inc. for the Council to postpone consideration of this item.

4. Associated Builders and Contractors, Inc., Chesapeake Shores Chapter (John F. Vontran) – Request to revise the ratio of apprentices to journeyworkers from one (1) apprentice to one (1) journeyworker to two (2) apprentices to one (1) journeyworker for all registered occupations.

Council members were provided with a copy of a request from Associated Builders and Contractors, Inc. for the Council to postpone consideration of this item.

5. Delaware Elevator, Inc. (John F. Vontran) Request to revise the ratio of apprentices to journeyworkers from one (1) apprentice to one (1) journeyworker to two (2) apprentices to one (1) journeyworker for the occupation of Elevator Constructor.

Mr. Vontran presented this proposed revision to the Council and introduced Mr. Charles “Pete” Meeks, President of Delaware Elevator Inc., who was in attendance to represent his company’s request.

Employer Representative David Smarte recused himself from the consideration of this item of Council business.

Mr. Cavey inquired as to why the Council would be addressing this request after having designated a subcommittee to study the ratio question./p>

A motion to deny this request was made by Mr. Cavey and seconded by Mr. Klusmann.

On the discussion of the motion, Mr. Cluster asked whether it would be appropriate for Mr. Meeks to speak as to why their request was necessary and would be appropriate. The Chair recognized Mr. Meeks and he then addressed the Council on the company’s position on their request.

6. Delaware Elevator, Inc. (John F. Vontran) – Request for waiver of ratio for temporary elevator mechanics.

Mr. Vontran presented this request to the Council.

Employer Representative David Smarte recused himself from the consideration of this item of Council business.

Mr. Smarte stated that there was a shortage of Elevator Constructors and noted that if there were no licensed Elevator Mechanics to perform elevator work then under its regulations, the Maryland Elevator Safety Review Board may issue temporary Elevator Mechanics licenses to individuals certified by a a licensed elevator contractor to have an acceptable combination of documented experience and education to perform elevator work without direct and immediate supervision. If approved, their proposed revision would allow for Delaware Elevator, Inc. to use third and fourth year apprentices as temporary mechanics without being in violation of their ratio.

Mr. Cavey requested to know whether there would be a way to notify the Council when an apprentice has been elevated to temporary mechanic status. Mr. John Taylor replied that a sponsor already needs to notify the Council when an apprentice’s projected completion date needs to be extended which would likely be the case when an apprentice is made a temporary mechanic.

Mr. Clinedinst asked if there was any statewide data on the safety of Elevator Constructors. Mr. Meeks provided the Council with some data on his company’s safety record. He also wanted to know if there was any criteria as to at what point an apprentice could become a temporary mechanic. Mr. Meeks responded that from a liability perspective, they would utilize their most advanced and qualified apprentices so they would be looking at fourth year apprentices or third year apprentices at the earliest.

Mr. Cavey stated the he would make a motion to approve this revision provided Delaware Elevator, Inc. amended it to make it applicable only to fourth year apprentices.

A motion to approve this request but only for fourth year apprentices who have already completed seventy-five percent (75%) of their apprenticeships was made by Mr. Cavey, seconded by Mr. Shmelzer and unanimously approved.

7. Plumbers and Steamfitters U.A. Local No. 489 JATC (John F. Vontran) – Revisions to 3. Qualifications of Applicants of Apprenticeship c.1 and c.4, 24. Cooperating Agencies, Appendix B – Related Instruction Outline, Appendix K – Pre-Hire Drug Screen and addition of Appendix L – Anti- Harassment Policy for the occupation of Plumber-Pipefitter.

Mr. Vontran presented this proposed revision to the Council and introduced Scott Upole and Justin Brown who were in attendance representing the sponsor.

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

C. OTHER BUSINESS:

1. Bricklayers and Allied Craftworkers Local 1 MD, VA, DC JATC (Kelton Addison) – Request to register an apprentice Terrazzo Worker with credit for on-the-job training and related instruction beyond the fifty percent (50%) level due to delayed registration.

Mr. Addison presented this request to the Council and introduced Mr. Matthew Redabaugh who was in attendance representing the sponsor. Mr. Addison explained to the Council that on February 1, 2014 the sponsor started an individual as an apprentice Masonry Finisher. At the request of the individual’s employer, this apprentice was subsequently made an apprentice Terrazzo Worker, however, the Joint Apprenticeship and Training Committee did not notify the Council of this change until after this apprentice had already completed over fifty percent (50%) of his on-the-job training and related instruction.

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

2. Bricklayers and Allied Craftworkers Local 1 MD, VA, DC JATC (Kelton Addison) – Request for after-the-fact registration and completion of an apprentice Terrazzo Worker.

Mr. Addison presented this request to the Council. This individual also began his apprenticeship as an apprentice Masonry Finisher with one year of credit on April 1, 2014. At his employer’s request, he was also subsequently made a apprentice Terrazzo Worker. The Maryland Apprenticeship and Training Council was not notified of this change until this apprentice had already completed his apprenticeship.

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

3. Associated Builders and Contractors, Inc., Chesapeake Shores Chapter (John F .Vontran) – Request to register an apprentice Electrician with credit for on-the-job training and related instruction beyond the fifty percent (50%) level.

Mr. Vontran presented this request to the Council and introduced Ms. Nancy Tretick who was in attendance representing the sponsor. Mr. Vontran explained to the Council that the contractor that this individual was initially employed by was not an apprenticeship program sponsor nor a participating employer in an apprenticeship program. This individual accrued 6688.25 hours of on-the-job training while employed there. He had also accrued 463 hours of related instruction through a a combination of the College of Southern Maryland and I.E.C. Chesapeake, Inc. He than went to work for a contractor that is a Participating Employer under the Standards of the Chesapeake Shores Chapter of Associated Builders and Contractors, Inc. and it is their intent to grant him credit for the training that he had already accrued and register him as a fourth year apprentice.

In response to a question from Mr. Clinedinst regarding this individual’s prior training, Mr. Shmelzer replied that they have contractors who do not want their employees registered with the State of Maryland but still want them to attend I.E.C Chesapeake, Inc.’s classes.

4. Heating and Air Conditioning Contractors of Maryland, Inc. (John F. Vontran) – Request for after-the-fact registration and completion of an apprentice HVACR Technician.

Mr. Vontran presented this request to the Council and introduced Ms. Stephanie Anderson who was in attendance representing the sponsor. Mr. Vontran stated that this individual had never signed his Apprenticeship Agreement when he began in 2012 nor had he ever submitted any monthly on-the-job training progress reports

Council members expressed concerns about how an individual could go through four years with the same employer and never been registered nor submitted any monthly progress reports. There was a discussion of what further measures the sponsor could take to prevent something like this from happening again in the future. Ms. Anderson stated that she had submitted this request because she wants to see their apprentices succeed. Mr. MacLarion urged Council members to separate the actions of the apprentice from the actions of the sponsor when considering this request and if the individual has completed all of the requirements of his apprenticeship to not deny him his Certificate of Completion of Apprenticeship.

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

A motion made by Mr. Klusmann and seconded by Mr. Poling to not approve any ratio requests until after a final report has been received from the ratio subcommittee failed to carry with four (4) Council members in favor of the motion, five (5) members opposed and one (1) abstention.

Mr. Shmelzer inquired about what action the Council intended to take with the new guidance that had been received from the U.S. Department of Labor Office of Apprenticeship on Title 29, Code of Federal Regulations, Part 30. Mr. MacLarion responded that it was a lengthy document and it would take some time to work through it, however, it should be possible to begin to address the changes at the March 14, 2017 Council meeting.

Mr. Shmelzer also made note of ongoing meetings between the Department of Labor, Licensing and Regulation and the community colleges in regards to the relationship between registered apprenticeship and the community college system. He asked that the Council receive an update on the progress of these meetings, and if possible, to have someone representing the community colleges or the Maryland Higher Education Commission address the Council. Mr. MacLarion stated that this could be placed on the agenda for the March 14, 2017 Council meeting.

Mr. Charles Wallace from the Maryland State Department of Education informed the Council that the 44th annual Maryland Skills-USA state championship would take place on April 28th and 29th, 2017. He publicly expressed appreciation for those apprenticeship program sponsors that have provided support for the state championships over the years.

There being no further business to come before the Council, the meeting of the Maryland Apprenticeship and Training Council was adjourned at 11:00 a.m.

Respectfully submitted,
Christopher D. MacLarion
Secretary
Maryland Apprenticeship and Training Council