March 8, 2016 - Minutes of Public Meetings - Apprenticeship and Training Council

Download this document (Word)

Mr. William C. Taylor called the Council meeting to order at 9:00 a.m. College of Southern Maryland, Center for Trades and Industry Training, 17 Irongate Drive, Waldorf, Maryland 20602 and welcomed all Council members, staff and guests in attendance. He introduced Dr. Daniel P. Mosser, Vice President of Continuing Education and Workforce Development for the College of Southern Maryland, and thanked the college for hosting the Council meeting. Dr. Mosser welcomed the Council meeting to their facility and introduced Kelly Winters, the college’s Director of Workforce Development and Bruce Posey, Director of the Center for Trades and Industry Training.

PRESENT:

COUNCIL MEMBERS:
William C. Taylor - Chairperson, Public Representative
Jennifer D. Runkles - Public Representative
Brian S. Cavey - Employee Representative
Norbert R. Klusmann, Sr. - Employee Representative
David W. Norfolk - Employee Representative
David J. Wilson, Sr. – Employee Representative
Robert F. Yeatman, Jr. – Employee 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

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
John Baldwin - University of Maryland Medical System
Ronald E. Blaney - Harford County Electrical Contractors Association, Inc.
Jessica Carter - DLLR/OAG
John Q. Copeland - Ironworkers Local 5S Joint Apprenticeship and Training Committee
Brian Courtian - Finishing Trades Institute of Maryland, Virginia, Washington, D.C. and Vicinities
Oden H. Cowan - International Union of Elevator Constructors, Local No. 7 Joint Apprenticeship Committee
Priscila Duerr - Associated Builders and Contractors, Inc., Chesapeake Shores Chapter
Dennis R. Felts - Harford County Electrical Contractors Association, Inc.
Lisa Jordan - International Union of Operating Engineers, Local 99
Timothy F. Miller - Mid-Atlantic Carpenters’ Training Centers
Dr. Daniel P. Mosser - College of Southern Maryland
Diane Peters - DLLR/Office of the Secretary
Bruce Posey - College of Southern Maryland
Sam Redden - International Union of Operating Engineers, Local 99
Jason C. Roberts - Associated Builders and Contractors, Inc., Metropolitan Washington Chapter
Leonard Taylor - University of Maryland Medical System
Nancy J. Tretick - Associated Builders and Contractors, Inc., Chesapeake Shores Chapter
Charles Wallace - MSDE

Mr. William Taylor introduced a new Employee Representative, Norbert R. Klusmann, Sr., and welcomed him to the Council.

I. The first order of business was the approval of the minutes of the January 12, 2016 Council meeting. The minutes of the January 12, 2016 Council meeting were approved as submitted.

II. DIRECTOR'S REPORT:

A. Ms. Sibbald reported to Council members that there was a balance of of $161,201.59 in the Maryland Apprenticeship and Training Fund as of the end of February. She went on to explain the process for sponsors to go onto the Prevailing Wage web site to report the amount of the contributions that they had received into the fund and that that needed to be done quarterly but could be done more frequently. She added that an instruction packet had been developed explaining the process for doing the fund reconciliation.

B. Council members were provided with information on Senate Bill 92 (SB 92) The primary purpose of SB 92 would be to move the Maryland Apprenticeship and Training Council from the Division of Labor and Industry to the Division of Workforce Development and Adult Learning. Ms. Sibbald stated that SB 92 had already passed in the State Senate by a vote of 44 to 0 and had gone to the House Economic Matters Committee for their consideration.

C. Ms. Sibbald announced that the annual Division of Labor and Industry forum would be held on March 16, 2016 at Towson University. Those interested in attending the forum could register on the Department of Labor, Licensing and Regulation web site.

D. Mr. Shmelzer inquired as to whether comments had been made to the U.S. Department of Labor in regards to the proposed revisions to Title 29 of the Code of Federal Regulations, Part 30 Equal Employment Opportunity in Apprenticeship and Training.

III. OLD 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.

This request for registration of Standards of Apprenticeship was tabled at the January 12, 2016 Council meeting in order for additional safety training to be incorporated into the related instruction curriculum, for the schedule of on-the-job training work processes to show greater detail and to be arranged by skill areas and for additional information as to when and how the minimum qualifications for apprenticeship would be evaluated.
Mr. FitzSimons introduced John Baldwin and Leonard Taylor who were representing the University of Maryland Medical System (UMMS). He explained to Council members that when this request was tabled at the January 12, 2015 Council meeting, the Council had given the UMMS several recommendations to take into consideration and that the UMMS had acted upon them and had incorporated them into their proposed Standards of Apprenticeship.

There was discussion between members of the Council and the UMMS regarding the sequencing of the courses in their related instruction curriculum outline. Mr. Baldwin assured the Council that the sequence of courses would be followed as closely as possible and that in any event, if a change in scheduling of a course became necessary, it would not impede apprentices’ progress.

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

IV. NEW BUSINESS:

A. PROGRAM REVSIONS:

1. Ironworkers Local No. 5S Joint Apprenticeship and Training Committee (John P. Taylor) – Revision to minimum qualifications for apprenticeship.

Mr. John Taylor introduced John Q. Copeland who was in attendance representing the Ironworkers Local No. 5S Joint Apprenticeship and Training Committee and noted that the minimum education requirement that was approved when their Standards were originally registered had restricted the JATC from registering some otherwise qualified individuals as apprentices. Mr. Copeland explained their proposed revised minimum education requirement to Council members.

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

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

1. International Union of Elevator Constructors Local No. 7 Joint Apprenticeship Committee (Alfred M. FitzSimons).

Mr. Shmelzer inquired about what additional outreach measures the sponsor would undertake in order to recruit more minority and female applicants for the apprenticeship program. Mr. Yeatman observed that some joint committees have limited staff to perform outreach and recruitment and that it could help to reach more students if local school systems held one consolidated career fair at a central location.

A motion to accept this review, with staff recommendations, was made by Ms. Butt, seconded by Mr. Yeatman 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]:

1. Baltimore Cement Masons JAC (John Vontran) – Occupation of Cement Mason.
    
2. J.M. Huber Corporation (John Vontran) – Occupation of Industrial Maintenance Repairer.
    
3. Montgomery County Government Department of Correction and Rehabilitation (John Vontran) – Occupation of Corrections Officer.
    
4. Montgomery County Public Schools, Division of Maintenance, Department of Facilities Management (John Vontran) - Occupation of HVACR Technician.
    
5. Maryland – National Capital Park and Planning Commission (John Vontran) – Occupations of Carpenter, Electrician, HVACR Technician and Plumber.

D. OTHER BUSINESS:

1. Harford County Electrical Contractors Association, Inc. (John P. Taylor) – Request to award a posthumous Certificate of Completion of Apprenticeship.

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

2. Discussion and final action on amendments to COMAR 09.12.42 - Equal Employment Opportunity and COMAR 09.12.43 – Maryland Apprenticeship and Training (Jessica Carter).

Ms. Carter explained that these amendments pertained to Apprenticeship Maryland and had been approved by the Council as proposed amendments to COMAR at the November 10, 2015 Council meeting. They were then published in the December 28, 2015 issue of the Maryland Register as proposed regulations and a period for public comments to be made was given. With the closing of the public comment period and no public comments received, Ms. Carter stated that the next step would be for the Council to approve these amendments as final after which they would again be published in the Maryland Register.

A motion to approve an amendment to COMAR 09.12.42 – Equal Employment Opportunity as being final was made by Mr. Shmelzer, seconded by Mr. Cavey and unanimously approved.

A motion to approve an amendment to COMAR 09.12.43 – Maryland Apprenticeship and Training as being final was made by Mr. Shmelzer, seconded by Mr. Smarte and unanimously approved.

3. Update of the progress in bringing Maryland’s Apprenticeship and Training Regulations into conformity to the revised federal regulations (Jessica Carter).

Ms. Carter stated to the Council that at the January 12, 2016 Council meeting, she had brought to the Council’s attention a letter from John Ladd of the U.S. Department of Labor, Office of Apprenticeship to Commissioner Meighen dated December 16, 2015 in which Mr. Ladd indicated that there were still four provisions of Maryland’s proposed revised Apprenticeship and Training Regulations that required further attention. She went on to state that at that Council meeting, the Council had voted to accept the Office of Apprenticeship’s recommended language in regards to two of those provisions. She also indicated then that she would make a further attempt to achieve a resolution with the Office of Apprenticeship regarding clarification that the Division of Labor and Industry rather than the Council is the State Apprenticeship Registration Agency for Maryland and the provision in Maryland’s Apprenticeship and Training Regulations that does not permit an employer to have both an individual apprenticeship program and participate in a group nonjoint apprenticeship program for the same occupation in the same Standard Metropolitan Statistical Area (SMSA).

Ms. Carter reported that the Office of Apprenticeship was still opposed to the provision prohibiting an employer from having an individual apprenticeship program and also participating in a group nonjoint apprenticeship program for the same occupation in the SMSA as they deemed it to be a barrier to entry into an apprenticeship program and that there were other ways that the Council could maintain an employer’s ratio of apprentices to journeyworkers. Ms. Carter recommended removing that provision from Maryland’s proposed revised Apprenticeship and Training Regulations. She also stated that further clarification was made to the proposed revised regulations to state that the Maryland Apprenticeship and Training Council performs its duties consistent with the Division of Labor and Industry and subject to the final approval of the Secretary of the Maryland Department of Labor, Licensing and Regulation.

Ms. Carter requested that the Council give the authority to send the proposed changes to the U.S. Department of Labor, Office of Apprenticeship as what the Maryland Department of Labor, Licensing and Regulation intended to publish in the Maryland Register as proposed regulations. A motion to give that authority was made by Mr. Yeatman, seconded by Mr. Smarte and unanimously approved.

4. Request for approval of Science, Technology, Engineering and Math (STEM) occupations for Apprenticeship Maryland (John Vontran).

A motion to approve a list of occupations in Science, Technology, Engineering and Math for Apprenticeship Maryland was made by Mr. Shmelzer, seconded by Mr. Wilson and approved with seven (7) Council members in favor of the motion and three (3) Council members opposed.

Mr. Wallace reminded Council members that the Skills USA - Maryland competitions would be held on April 15 and 16, 2016.

There being no further business to come before the Council, the meeting of the Maryland Apprenticeship and Training Council was adjourned at 10:40 a.m.

Respectfully submitted,

Kathleen S. Sibbald
Secretary
Maryland Apprenticeship and Training Council