November 15, 2016 - Minutes of Public Meetings - Apprenticeship and Training Council

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Mr. William C. Taylor called the Council meeting to order at 9:00 a.m. at the Independent Electrical Contractors, Inc., Chesapeake Chapter, 8751 Freestate Drive, Suite 250, Laurel, Maryland 20723 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
Alexander E. Poling – Employee Representative
David J. Wilson, SR.– 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
Charles J. Most, Jr. – Consultant to the Council

OTHERS:
Kelly M. Schulz - Secretary, DLLR
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
Stephen M.Baldwin - Tranzed Apprenticeship Services, LLC
Otto Biehn - Orbital ATK, Inc.
Jessica Carter - DLLR/OAG
Christopher M. Cash - Washington, D.C. Electricians JATC, I.B.E.W. Local No. 26
Paul Champion - TranZed Apprenticeship Services, LLC
Lloyd Day - DLLR/DWDAL
James J. Gauvin - Ironworkers Local No. 16 Joint Apprenticeship and Training Committee
Dr. Ricky C. Godbolt - - USDL/OA
Larry R. Greenhill, SR. - International Brotherhood of Electrical Workers, Local No. 26
Chris Hadfield - Associated Builders and Contractors, Inc., Baltimore Metropolitan Chapter
Timothy T. Haley - Washington, D C. Joint Plumbing Apprenticeship Committee
Sarah Harlan - DLLR/OAG
Michael Harrison - DLLR/Office of the Secretary
Charles McGee - Operating Engineers Local 37 JATC
Patricia Mikos - MSDE
Richard G. Murphy - International Brotherhood of Electrical Workers, Local No. 26
Kimberly Neal - Tranzed Apprenticeship Services
Diane Peters - DLLR/Office of the Secretary
Jeffrey Smith - Associated Builders and Contractors, Inc., Chesapeake Shores Chapter
David Springham - Baltimore JATC for the Electrical Industry
Nancy Tretick - Associated Builders and Contractors, Inc., Chesapeake Shores Chapter
Neil E. Wilford, Jr. - Baltimore JATC for the Electrical Industry

I. SECRETARY’S CITATION PRESENTATION TO THE COUNCIL.

Mr. William Taylor welcomed Secretary Schulz to the meeting of the Maryland Apprenticeship and Training Council. Secretary Schulz wished everyone in attendance a happy National Apprenticeship Week. She observed that the last time she had come before the Maryland Apprenticeship and Training Council about a year and a half ago, she had talked about taking the initial step into some non-traditional apprenticeship opportunities and what it would mean to the State of Maryland. She noted that Maryland had surpassed its goal of 9,100 apprentices in the year 2016 and stated that Maryland is heading toward a goal of 9,500 apprentices in the State as a result of everyone being forward thinking with the ultimate goal of a skilled workforce of the future.

She went on to note specifically that Maryland’s Youth Apprenticeship Program was up and running in Frederick and Washington Counties with employers now training students in those two school systems. She stated that she wanted everyone to know that support from the administration from Governor Hogan on down is there to make sure that apprenticeship remains a top priority for our strategic outlook for economic development and growth for everyone in Maryland.

Secretary Schulz noted that the federal government is asking Maryland to make some changes, the legislature has routinely asked us to make some changes and that she has asked us to make some changes all of which for what she believed would be for the betterment of what she believed to be forward progress in the ability to create the workforce of the future that we would all depend upon.

Secretary Schulz read a proclamation from the Governor of the State of Maryland in recognition of National Apprenticeship Week in Maryland. On behalf of the Council, Mr. William Taylor thanked Secretary Schulz for the proclamation. Secretary Schulz then presented a citation to each of the Council members in honor of their dedication to the advancement of apprenticeship through their service on the Maryland Apprenticeship and Training Council. She also thanked everyone who had identified themselves as staff, members of the Attorney General’s Office or members of the Department’s team for their efforts to advance the Department’s ultimate goals.

On behalf of the Council, Mr. William Taylor thanked Secretary Schulz for attending the meeting and making her presentation to the Council.

II. The first order of business was the approval of the minutes of the September 13, 2016 Maryland Apprenticeship and Training Council meeting. The minutes of the September 13, 2016 Council meeting were approved as submitted.

III. DIRECTOR’S REPORT:

Mr. William Taylor introduced Mr. Christopher MacLarion, the newly appointed Director of the Maryland Apprenticeship and Training Program.

A. Mr. MacLarion thanked Kathleen Sibbald, the former Director of the Maryland Apprenticeship and Training Program, who did an admirable role and noted that she continues to serve as the Program Manager for the Employment Standards Service, Worker Classification and Protection, the Prevailing Wage Unit and the Living Wage Unit. He went on to note that, as Secretary Schulz mentioned, effective October 1, 2016 Apprenticeship and Training had been transferred from the Division of Labor and Industry to the Division of Workforce Development and Adult Learning and added that after the move, the contact information for the staff would remain the same.

B. Council members were updated on the status of the Maryland Apprenticeship and Training Fund. Mr. MacLarion stated that the fund had collected $89,522.46 since the start of the State fiscal year that began on July 1, 2016. In State fiscal year 2015, the fund collected just over $230,000 and that the fund had $289,000 at the present time.

C. Mr. MacLarion provided the Council with an overview of National Apprenticeship Week. He stated that the past Monday’s event at the Plumbers and Gasfitters Local 5 training facility had been well attended with over 120 participants. He also informed them of the upcoming events for the remainder of the week.

D. Council members were introduced to personnel of the Division of Workforce Development and Adult Learning who were in attendance at the Council meeting including Assistant Secretary James Rzepkowski, Brandon Butler, Deputy Assistant Secretary, Lloyd Day, Director of of the Office of Workforce Development, and Jeffrey Smith along with John Vontran and Kelton Addison who had been transferred from the Division of Labor and Industry.

F. There were five Council members whose terms on the Council would be expiring. Those five members had been notified by e-mail of this and that if they wished to continue serving on the Council, they would need to submit an application by December 31, 2016.

G. Ms. Carter and Ms. Harlan from the Office of the Attorney General presented an update to the Council on the status of Maryland’s Apprenticeship and Training Regulations. Ms. Carter stated that Maryland had been working for the past several years to bring Maryland’s regulations into conformity with the revised Federal apprenticeship regulations.

Ms. Harlan stated that a critical piece of the revised regulations is that a state agency needs to be the registration agency for apprenticeship. Maryland has been working to get its revised regulations to reflect that but the U.S. Department of Labor believed that they still do not go far enough to reflect that the Division of Workforce Development and Adult Learning is the state apprenticeship registration agency for the State of Maryland. Maryland is continuing to work on this piece of Maryland’s revised Apprenticeship and Training Regulations.

Ms. Carter stated that another critical piece is the recognition of competency-based and hybrid apprenticeship models. Maryland’s present regulations only recognize time-based apprenticeship. She stated that in March of 2016, the Council had approved language in an updated draft of Maryland’s proposed revised regulations that would also recognize the competency-based and hybrid models. Due to the apprenticeship expansion grant awarded to Maryland, the Department made a decision to move the recognition of the competency-based and hybrid models forward separately to the Joint Committee on Administrative, Executive, and Legislative Review (AELR) as emergency regulations. If approved by the AELR, the emergency regulations would become effective retroactive to November 15, 2016 and be in effect for six months which should provide enough time to gain the U.S. Department of Labor’s final approval of Maryland’s proposed revised regulations.

IV. NEW BUSINESS:

A. NEW PROGRAMS:

1. TranZed Apprenticeship Services, LLC (John F. Vontran) - Occupations of IT Professional, Cyber Security and Digital & Social Media. Related instruction to be provided by TranZed Apprenticeship Services, LLC. Request for registration of an Affirmative Action Plan with apprentice selection procedures and goals and timetables for minority and female apprentices.

Mr. Vontran presented this proposed new apprenticeship program to the Council and introduced Paul Champion, Kimberly Neal and Stephen M. Baldwin who were in attendance representing TranZed Apprenticeship Services, LLC. He distributed a handout to the Council providing further information about the company and also a new Appendix C to the proposed Standards of Apprenticeship. He stated that it would be a one-year time-based apprenticeship program. Mr. Vontran noted that as the work environment in the information technology industry is different than the work environment in the construction industry, they were requesting a ratio of two (2) apprentices to each journeyworker rather than one (1) apprentice.

Mr. Bromley noted that he had not seen anything in the proposed Standards in regards to drug testing. Mr. Champion responded that the participating employers would perform pre-employment drug testing.

Mr. Clinedinst inquired about who would pay for the related instruction. Mr. Champion replied that the apprentices’ employers would pay for it. There was considerable Council discussion as to specifically how Tranzed’s proposed new apprenticeship program would differ from customized employer training already being provided the by community colleges.

A question was raised as to whether the three occupations being requested by TranZed Apprenticeship Services, LLC were already recognized by the Council as being apprenticeable or whether they were new. Further, if they were new, did the Council first need to take a vote on whether to recognize them prior to taking action on the request to register the apprenticeship program. Mr. John Taylor stated that while there could be a separate vote to first recognize the occupations, it has normally been the Council’s practice to do that as part of taking action on the Standards of Apprenticeship of the first potential sponsor requesting to use them.

A motion to approve the Standards of Apprenticeship for TranZed Apprenticeship Services, LLC was made by Mr. Smarte, seconded Mr. Cluster and unanimously approved.

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

B. PROGRAM REVSIONS:

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

Englishman Electric, Inc. requested that their request be postponed until the January 2017 Maryland Apprenticeship and Training Council meeting as Mr. Englishman could not attend the November 17, 2016 Council meeting due to a scheduling conflict.

2. Orbital ATK, Inc. (John F. Vontran) - Request for reactivation of Standards of Standards of Apprenticeship for the occupations of Machinist and Maintenance Electrician.

Mr. Vontran presented this request to the Council. He informed Council members that he had made a field visit to review the program on October 20, 2016 and had found that the Standards of Apprenticeship, work processes and related instruction continued to meet industry standards. Their related instruction would continue to be through Delaware Technical and Community College. He informed Council members that that they had undergone a name change from ATK Elkton to Orbital ATK, Inc. He introduced Mr. Otto Biehn who was attending the Council meeting to represent the sponsor.

Mr. Cavey noted that when the program was registered in 2001 the sponsor’s name was ATK Elkton and inquired as to what the name change meant. Mr. Vontran responded that it was the same company with the same employees providing the same services. Mr. John Taylor added that when the sponsor had originally registered it was Thiokol Propulsion, Elkton Division and that there had been name changes since then. Mr. Biehn stated that Orbital and ATK had merged in 2015 to become Orbital ATK, Inc. Mr. Cavey observed that this was more than a name change; that there had been a change of management and perhaps they should register as a new company. Ms. Mikos asked whether their Employer Identification Number (EIN) had changed. Mr. Vontran responded that the EIN is not part of an apprenticeship program sponsor’s record.

Mr. Shmelzer observed that the related instruction would be through a community college and made note of the sponsor’s responsibility to maintain a record of the apprentices’ grades and attendance records. Mr. Biehn responded that the company has a tuition reimbursement program and in order to obtain reimbursement, employees need to provide the company with access to that information.

A motion to approve the reactivation of the Standards of Apprenticeship for the occupations of Machinist and Maintenance Electrician for Orbital ATK, Inc. was made by Mr. Cluster, seconded by Mr. Smarte and unanimously approved.

Mr. Biehn thanked the Council for approving the reactivation of their Standards of Apprenticeship and stated that he is very passionate about the apprenticeship program. He stated that he had completed his apprenticeship in Pennsylvania, had worked as a Machinist for several years before going to Penn State University and earning an Engineering degree. He added that apprenticeship had opened doors for him that might not otherwise have been opened.

3. I.E.C. Chesapeake, Inc. (John F. Vontran) - Request for waiver of ratio from one (1) apprentice to one (1) journeyworker to two (2) apprentices to one (1) journeyworker.

Mr. Vontran presented this request to the Council.

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

Mr. Cavey noted that this request had been considered at the July 12, 2016 Council meeting and that he had presented testimony that summarized the report of the U.S. Department of Labor’s National Advisory Committee on Apprenticeship. He added that he had copies of that report for anyone who wanted to read it. He recommended that the Council should form a subcommittee to study the ratio issue.

Mr. Shmelzer informed that Council that the U.S. Department of Labor has projected a 20% growth in the number of Electricians by 2022. In order to meet that projection, it would be necessary to begin training more apprentice Electricians now. He stated that the ratio of two (2) apprentices to one (1) journeyworker might not work for every industry but that the electrical industry was facing a dramatic shortage of workers that was only going to get worse. He stated that there were several factors to consider in support of their request. Currently there is no statewide journeyworker license for Electricians in Maryland and there are five (5) jurisdictions within the state that issue and require journeyworker licenses in their jurisdictions. Two of them, Montgomery and Prince George’s Counties, have ratios of three (3) apprentices to one (1) journyworker and four (4) apprentices to one (1) journeyworker in those counties. Industry is providing opportunities on privately funded work but is not able to register those individuals into registered apprenticeship programs because of the one to one ratio.

In terms of the National Advisory Committee on Apprenticeship’s report, while it has been accepted by that body, it has not been moved on by it because they are struggling on how to adopt it because they are aware of some of the labor shortages.

Referencing the Standards Report Form for I.E.C. Chesapeake, Inc., Mr. Clinedinst asked Mr. Shmelzer about the 1,225 journeyworkers shown on that form. Mr. Shmelzer responded that only 1,150 were Electricians and that there were 660 apprentices. Mr. Clinedinst noted that they were not near to having one (1) apprentice to one (1) journeyworker. To that Mr. Shmelzer responded that I.E.C. Chesapeake, Inc. has 210 employers that are participating under their program many of which are smaller companies that are already at one to one and have no room to bring on any additional apprentices.

Mr. Clinedinst pointed out that if their ratio request were approved by the Council, it would create a competitive advantage for I.E.C. Chesapeake, Inc.’s electrical contractors. Ms. Carter advised that the Council should make its decision based upon factors such as the safety of apprentices rather than marketplace considerations that are not under its purview.

Mr. Cluster noted that the number of apprentices is being driven by the amount of prevailing wage work available. Contractors that do not perform prevailing wage work do not train apprentices because they do not have to.

Mr. Poling stated that he wanted to know whether, if the ratio of two (2) apprentices to one (1) journeyworker were to be approved, would there be any way to monitor it to determine if it had any effect on safety or the number of accidents.

A motion to approve this revision was made by Ms. Butt and seconded by Mr. Cluster. After the motion to approve the revision was made, Mr. Cavey stated that there needed to be more time in order for the Advisory Committee on Apprenticeship to make its recommendations before taking action on I.E.C. Chesapeake, Inc.’s request and made a motion to table the previous motion.

After considerable discussion on parliamentary procedure, Mr. Butler stated that he believed that in terms of parliamentary procedure, the motion to table needed to be addressed and voted up or down provided that Mr. Cavey’s motion was seconded. Mr. Clinedinst seconded that motion.

The motion to table I.E.C. Chesapeake, Inc.’s request failed to carry with three (3) Council members in favor of the motion and five (5) Council members opposed.

The motion made by Ms. Butt and seconded by Mr. Cluster to approve the revision then carried with five (5) Council members in favor of that motion and three (3) Council members opposed.

C. OTHER BUSINESS:

1. Washington, D.C. Joint Plumbing Apprenticeship Committee (John F. Vontran) - Request to award a posthumous Certificate of Completion of Apprenticeship.

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

2. Request for Beachley Furniture to be an eligible employer for Apprenticeship Maryland (Youth) (John F. Vontran).

A motion to approve Beachley Furniture to be an eligible employer for Apprenticeship Maryland (Youth) was made by Mr. Smarte, seconded by Mr. Cavey and unanimously approved.

3. Request for Beacon Grace, LLC to be an eligible employer for Apprenticeship Maryland (Youth) (John F. Vontran).

A motion to approve Beacon Grace, LLC to be an eligible employer for Apprenticeship Maryland (Youth) was made by Mr. Shmelzer, seconded by Ms. Runkles and unanimously approved.

4. Request for the Holly Hills Country Club to be an eligible employer for Apprenticeship Maryland (Youth) (John F. Vontran). A motion to approve the Holly Hills Country Club to be an  eligible employer for Apprenticeship Maryland (Youth) was made by Mr. Bromley, seconded by Ms. Runkles and unanimously  approved.

5. Request for Stacy Nicole Interior Design and Furnishings to be an eligible employer for Apprenticeship Maryland (Youth) (John F. Vontran).

A motion to approve Stacy Nicole Interior Design and Furnishings to be an eligible employer for Apprenticeship Maryland (Youth) was made by Mr. Shmelzer, seconded by Mr. Poling and unanimously approved.

6. Proposed schedule of Maryland Apprenticeship and Training Council meetings for calendar year 2017.

A motion to approve the schedule of Maryland Apprenticeship and Training Council meetings for calendar year 2017 was made by Mr.Smarte, seconded by Mr. Cavey and unanimously approved.

Tuesday, January 10, 2017 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 14, 2017 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 9, 2017 at 9:00 a.m.

 Heat and Frost Insulators and Allies Workers Local No. 24
Joint Apprenticeship Committee
901 Montgomery Street
Laurel, Maryland 20707

Tuesday, July 11, 2017 at 9:00 a.m.

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

Tuesday, September 12, 2017 at 9:00 a.m.

Frederick Memorial Hospital
504 East Ridgeville Boulevard, Suite 120
Mount Airy, Maryland 21771

Tuesday, November 14, 2017 at 9:00 a.m.

Baltimore JATC for the Electrical Industry
2699 West Patapsco Avenue
Baltimore, Maryland 21230

There being no further business to come before the Council, the meeting of the Maryland Apprenticeship and Training Council was adjourned at 11:12 a.m.

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