November 10, 2015 - Minutes of Public Meetings - Apprenticeship and Training Council

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Mr. William C. Taylor called the International Union of Elevator Constructors Local No. 10 Joint Apprenticeship Committee, 9600 Martin Luther King Highway, Lanham, Maryland 20706 and welcomed all Council members, staff and guests in attendance. Mr. Yeatman introduced David Geib, Business Manager for Local No. 10, who welcomed the Council meeting to their training facility. He made note of some of the equipment located in the room used in the training of their apprentices and invited those interested to remain after the Council meeting for a tour of their training facility.

Mr. William Taylor welcomed Rhett Roe, the new Training Director for the Washington, D.C. Electricians JATC, I.B.E.W. Local No. 26.  He also announced the re-appointment of Employer Representative Michelle L. Butt to the Council.

PRESENT:

COUNCIL MEMBERS:
William C. Taylor - Chairperson, Public Representative
Jennifer D. Runkles – 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:
Kelly M. Schulz - Secretary, DLLR
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
Kevin Burton - Washington, D.C. Electricians JATC, I.B.E.W. Local No. 26
Thomas Bydlon - USDL/Office of Apprenticeship
Rodney Carson - Operative Plasterers and Cement Masons Local No. 891
Jessica Carter - DLLR/OAG
John Q. Copeland - Ironworkers Local 5S Joint Apprenticeship and Training Committee
Oden H. Cowan - International Union of Elevator Constructors, Local No. 7 Joint Apprenticeship Committee
James J. Gauvin - Ironworkers Local No. 16 Joint Apprenticeship and Training Committee
David Geib - International Union of Elevator Constructors, Local No. 10
Otto Girr - Miller and Long Company, Inc.
Michael L. Harrison - DLLR/Office of the Secretary
Sean Jefferson - Visitor
Norbert R. Klusmann - Sheet Metal Workers Local No. 100 JATC, Washington, D.C. Area
Tim Medford - Baltimore JATC for the Electrical Industry
Pat Mikos - MSDE
Timothy F. Miller - Mid-Atlantic Carpenters’ Training Centers
Phillip Mitchell - Velocity HVAC, LLC
Andi Morony - DLLR/DLI
Casey Mumford - Delaware Elevator
Megan B. Owings - David A. Bramble, Inc.
Diane Peters - DLLR/Office of the Secretary
Jason C. Roberts - Associated Builders and Contractors, Inc., Metropolitan Washington Chapter
Corey A. Smedley - Prince George’s County Fire/ EMS Department
Ellie Webb - Delaware Elevator
Neil E. Wilford, Jr. - Baltimore JATC for the Electrical Industry

Mr. William Taylor welcomed newly appointed members to the Council David W. Wilson, Sr. and Jennifer D. Runkles and C. Jeff Beeson, newly appointed Consultant to the Council.

Mr. William Taylor also recognized Deputy Chief Carey A. Smedley of the Prince George’s County Fire/EMS Department who was in attendance at the Council meeting.

I.The first was the approval of the minutes of the September 8, 2015 Council meeting. The minutes of the September 8, 2015 Council meeting were approved as submitted.

II. Presentation to the Council on Youth Apprenticeship and draft regulations for Youth Apprenticeship by Kelly M. Schulz, Secretary of the Department of Labor, Licensing and Regulation.

Secretary Schulz stated that she very much appreciated the opportunity to meet with the Council and noted that the last time that she had met with the Council, she had spoke about the concept of Youth Apprenticeship and what the legislature had requested the Department of Labor, Licensing and Regulation and the Maryland State Department of Education to do to develop a pilot program for youth in the apprenticeship world. She informed Council members that the report from the Maryland Youth Apprenticeship Advisory Committee was very close to being completed and released to the Governor’s Office for their review and to them be released to the legislature and to the general public. She gave credit to the members of the Council who had also served on the Youth Apprenticeship Advisory Committee.

Secretary Schulz stated that requests for proposals from the local school districts to be pilot program sites were requested to be received by November 4, 2015. By law, the pilot program would consist of two school districts; one rural and one urban. She added that a committee from the Department of Labor, Licensing and Regulation and the Maryland State Department of Education was in the process of reviewing those applications. The Department of Labor, Licensing and Regulation had the responsibility to produce regulations and processes and procedures for those school districts and the business community to become involved in the pilot program. By about November 24, 2015 those school districts that would be participating in the pilot program would be announced.

Secretary Schulz observed that proposed regulations for the pilot program had been in the packet of materials that had been mailed to the Council members. She presented an overview of the proposed regulations and stated that they would not affect the Council’s regulations. The proposed Youth Apprenticeship regulations addressed everything that the law had asked to be addressed when it was passed by the legislature. She added that Youth Apprenticeship differed from registered apprenticeship in that it only requires 450 hours. She went on to address questions and concerns from Council members about the proposed regulations.

Ms. Carter explained to the Council the process that would need to take place in order for the proposed regulations to become final following the Council’s vote on them.

A motion to approve COMAR Title 09.01.12, Apprenticeship Maryland, was made by Mr. Shmelzer, seconded by Mr. Smarte and unanimously approved.

A motion to approve COMAR 09.12.43, Maryland Apprenticeship and Training, was made by Mr. Shmelzer, seconded by Mr. Smarte and unanimously approved.

A motion to approve COMAR 09.12.42, Equal Employment Opportunity, was made by Mr. Shmelzer, seconded by Mr. Bromley and unanimously approved.

Secretary Schulz thanked the Council for supporting the Secretary and for their support for Youth Apprenticeship going forward.

III. Update on the current status of the Maryland Apprenticeship and Training Fund.

Ms. Sibbald presented the Council with an update on the status of the Maryland Apprenticeship and Training Fund. She stated that the fund had gotten off to a slow start but over the past six months, it had collected an average of $18,000 per month and that as of October 30, 2015 there was a balance of approximately $60,000 in it. It was noted that the Secretary has discretion over how the money in the fund is to be spent. Ms. Sibbald added that money was earmarked to pay salaries for up to three contractual Apprenticeship Navigators.

IV. OLD BUSINESS:

A. PROGRAM REVISIONS:

1. Ironworkers Local No. 16 Joint Apprenticeship and Training Committee (Alfred M. FitzSimons) – Revision to add a new section D – Substance Abuse Guidelines – to the minimum qualifications of the apprentice qualifications and selection procedures.

This item was tabled at the July 14, 2015 Council meeting in order for a representative of the Sponsor to be present at the Council meeting. It was again tabled at the September 8, 2015 Council meeting.

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

V. NEW BUSINESS:

A. NEW PROGAMS:

1. Velocity HVAC, LLC (John Vontran) – Occupation of HVACR Technician. Related instruction to be through Polytech Adult Education in Woodside, DE. [Printed Standards Forms]

Mr. Cluster noted that CPR and first aid should be included in the related instruction curriculum in addition to safety.

In regards to the related instruction classes at Polytech Adult Education, Mr. Shmelzer observed that there had been past instances where related instruction classes in Delaware had not done well in keeping track of apprentices’ attendance.

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

B. PROGRAM REVISIONS:

1. I.E.C. Chesapeake, Inc. (Alfred M. FitzSimons) – Revision to add Cecil College in Elkton, Maryland as a new site for apprentice related instruction classes.

Employer Representative Grant Shmelzer recused himself from the consideration of this item of Council business.

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

2. David A. Bramble, Inc. (John Vontran) – Request for reactivation of Standards of Apprenticeship for the occupation of Construction Equipment Mechanic with up-to-date Apprenticeship Standards forms, a revised schedule of on-the-job training work processes and a new related instruction curriculum that would be via distance learning provided by Penn Foster Workforce Development.

Mr. Vontran introduced Ms. Megan Owings who was attending the Council meeting representing David A. Bramble, Inc.

Mr. Cavey inquired as to whether what they were presenting was the same as what had been originally registered in 1980. He went on to question the minimum education requirement as it was stated. He explained that it has been practice to require a high school diploma or GED in order to apply to become an apprentice or attain a high school diploma or GED prior to completion. Ms. Owings replied that while they would prefer a high school graduate, they would consider an individual who had not graduated from high school but they would need to then obtain their GED and that the language in their updated Standards would be changed to reflect this.

Mr. Shmelzer asked Ms. Owings why they had allowed their apprenticeship program to lapse. Ms. Owings responded that all of their employees have been with the company for a long time so they had not had the need to train anyone.

Mr. Cluster noted that there might be a need to have more safety in their related instruction curriculum. Ms. Owings replied that they have a Safety Manager and that they have an ongoing safety program for all of their employees.

A motion to approve this revision with a change to the language of the education requirement in the minimum qualifications for apprenticeship was made by Mr. Yeatman, seconded by Mr. Cavey and unanimously approved.

3. 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.

Mr. Vontran informed Council members that a representative from Holmatro, Inc. was not present for the Council meeting.

A motion to table this request until the January 12, 2016 Council meeting in order for a representative of the sponsor to be in attendance was made by Mr. Shmelzer, seconded by Mr. Yeatman and unanimously approved.

C. VOLUNTARY REQUESTS FOR CANCELLATION OF STANDARDS OF APPRENTICESHIP:

1. Krick Plumbing & Heating Company, Inc. effective August 1, 2015.
Mr. John Taylor informed Council members that Krick Plumbing & Heating Company was requesting the cancellation of their individual Standards of Apprenticeship in order to become a participating employer with the Metropolitan Washington Chapter of Associated Builders and Contractors, Inc.

A motion to approve the voluntary request for cancellation of Standard of Apprenticeship for Krick Plumbing & Heating Company, Inc. effective August 1, 2015 was made by Mr. Yeatman, seconded by Mr. Bromley and unanimously approved.

D. OTHER BUSINESS:

1. Reinforcing Rodman Local Union No. 201 Joint Apprenticeship and Training Committee (Alfred M. FitzSimons) – Request to register an apprentice Reinforcing Ironworker with credit for on-the-job training and related instruction beyond the fifty percent (50%) level.

Mr. Yeatman stated that Mr. Miggliacio, the Apprentice Coordinator for this apprenticeship program, had contacted him to inform him that he would be out of town for his union and would not be able to attend the Council meeting. He requested that their request be tabled until the next Council meeting.

Mr. Shmelzer noted that they were requesting credit for over fifty percent (50%) of the required related instruction but that there was no documentation for the credit being requested. He asked Mr. FitzSimons to obtain the documentation for the amount of related instruction being requested prior to the next Council meeting and Mr. FitzSimons replied that he would obtain it.

A motion to table this request until the January 12, 2016 Council meeting in order for a representative of the sponsor to be in attendance at the Council meeting as well as for staff to obtaining further information as to how the sponsor assessed the individual’s related instruction level was made by Mr. Yeatman, seconded by Mr. Cavey and unanimously approved.

2. Reinforcing Rodman Local Union No. 201 Joint Apprenticeship and Training Committee (Alfred M. FitzSimons) – Request to register an apprentice Reinforcing Ironworker with credit for on-the-job training and related instruction beyond the fifty percent (50%) level.

A motion to table this request until the January 12, 2016 Council meeting in order for a representative of the sponsor to be in attendance at the Council meeting as well as for staff to obtaining further information as to how the sponsor assessed the individual’s related instruction level was made by Mr. Yeatman, seconded by Mr. Cavey and unanimously approved.

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

A motion to approve this request was made by Mr. Smarte and seconded by Mr. Bromley. Mr. Shmelzer stated that there was no one present from SimplexGrinhell LP to represent their request and since it was the Council’s practice to have a representative present when a sponsor was requesting the after-the-fact registration and completion of an apprentice, this request needed to be tabled. Mr. Smarte and Mr. Bromley withdrew their motion to approve the request.

A motion to table this request until the January 12, 2016 Council meeting in order for a representative of the sponsor to be in attendance was made by Mr. Shmelzer, seconded by Mr. Yeatman and approved with nine Council members in favor of the motion and one Council member opposed.

4. Ironworkers Local No. 5S Joint Apprenticeship and Training Committee (John P. Taylor) – Request to register twelve apprentice Metal Fabricators with credit for on-the-job training and related instruction beyond the fifty percent (50%) level who were already employed by signatory employers prior to registration of Standards of Apprenticeship.

Mr. John Taylor introduced Mr. John Copeland, the Apprenticeship Director of the Ironworkers Local No. 5S Joint Apprenticeship and Training Committee, who was present at the Council meeting to represent their request. Mr. Copeland explained to the Council how the Joint Apprenticeship and Training Committee had assessed the skills and knowledge of these twelve individual in order to make the determination that they should be registered as fourth year apprentices. He stated to the Council what coursework these individuals had completed and added that he had records for this as he had been the instructor for those courses.

Mr. Shmelzer stated that two of the twelve individuals were not shown to be high school graduates or to have earned a GED and asked about the level of education required in their Standards of Apprenticeship in order to become an apprentice. Neither Mr. Copeland nor Mr. John Taylor had that information at-hand. Mr. John Taylor stated that he would review the sponsor’s file to ascertain that information. Mr. Copeland added that both of those individuals had gone to schools in their former countries.

Mr. Wilson inquired about the process for these requests. Mr. Shmelzer explained that under Maryland Apprenticeship and Training Regulations, a sponsor could grant credit for up to fifty percent (50%) of the term of apprenticeship for on-the-job training, related instruction or both based upon prior training or experience. In order the grant over fifty percent (50%), a sponsor had to request the approval of the Council in writing.

There was considerable Council discussion of the ways that sponsors could use to evaluate an individual’s knowledge of an occupation. Ms. Carter reviewed the requirements of the regulations for the granting of credit for on-the-job training, related instruction or both with Council members.

A motion to table this request until the January 12, 2016 Council meeting in order for the sponsor to provide staff with additional information about how the sponsor had assessed these individuals’ level of on-the-job training and related instruction was made by Mr. Cavey, seconded by Mr. Cluster and approved with nine Council members in favor of the motion and one Council member opposed.

5. Delaware Elevator (John Vontran) - Request to register an apprentice Elevator Constructor with credit for on-the-job training and related instruction beyond the fifty percent (50%) level due to delayed registration.

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

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

Ms. Carter explained the copy that Council members had received of the Secretary’s decision on the request made by the Baltimore Metropolitan Chapter of Associated Builders and Contractors, Inc. to register the occupation of Form Builder/Setter that had been denied by the Council at the September 8, 2015 Council meeting.

6. Proposed schedule of Maryland Apprenticeship and Training Council meetings for calendar year 2016.

A motion to approve the schedule of Maryland Apprenticeship and Training Council meetings for calendar year 2016 was made by Mr. Shmelzer, seconded by Mr. Yeatman and unanimously approved.

Tuesday, January 12, 2016 at 9:00 a.m.
Maryland Department of Labor, Licensing and Regulation
1100 North Eutaw Street, Lower Level Training Room
Baltimore, Maryland 21201

Tuesday, March 8, 2016 at 9:00 a.m.
College of Southern Maryland
Center for Trades and Industry Training
17 Irongate Drive
Waldorf, Maryland 20602

Tuesday, May 10,2016 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, July 12, 2016 at 9:00 a.m.
Associated Builders and Contractors, Inc.
Metropolitan Washington Chapter
6901 Muirkirk Meadows Drive, Suite A
Beltsville, Maryland 20705

Tuesday, September 13, 2016 at 9:00 a.m.
To Be Arranged

Tuesday, November 15, 2016* at 9:00 a.m.
Independent Electrical Contractors, Inc. (I.E.C.)
Chesapeake Chapter
8751 Freestate Drive, Suite 250
Laurel, Maryland 20723

*Moved to the third Tuesday of November due to Election Day

7. Informational Items:

a. Outcomes of apprentices registered to the Hedwin Corporation.

At the September 8, 2015 Council meeting when the Council approved the voluntary request for cancellation of Standards of Apprenticeship for the Hedwin Corporation, a Council member requested information on the outcomes of the apprentices who had been registered in that apprenticeship program.

There being no further business to come before the Council, the meeting of the Maryland Apprenticeship and Training Council was adjourned at 10:58 a.m.

Respectfully submitted,

Kathleen S. Sibbald
Secretary
Maryland Apprenticeship and Training Council