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									                   MARYLAND APPRENTICESHIP AND TRAINING COUNCIL

               DEPARTMENT OF LABOR, LICENSING AND REGULATION

                                     MINUTES

                                 MARCH 13, 2012


Mr. William C. Taylor called the Council meeting to order at 9:05 a.m. at
the Washington, D.C. Electricians JATC, I.B.E.W. Local No. 26, 4371
Parliament Place, Suite A, Lanham, Maryland 20706 and welcomed all Council
members, staff and guests in attendance. Mr. Charles Graham, Business
Manager for I.B.E.W. Local No. 26, also welcomed the meeting to the JATC’s
training center.

Mr. William Taylor introduced Ms. Deyanira C. Alcantara and welcomed her to
the Council. Ms. Alcantara noted that she is a Master Electrician and had
had her own business for in Texas for eight years before coming to Maryland
where she now serves as the Director of Apprenticeship and Workforce
Development for I.E.C. Chesapeake, Inc.


PRESENT:

COUNCIL MEMBERS:     William C. Taylor        - Chairperson
                                                  Public Representative
                     James A. Williams, Sr.   – Public Representative
                     Larry R. Greenhill, Sr. – Employee Representative
                     Michael J. McNelly       - Employee Representative
                     David W. Norfolk         - Employee Representative
                     Rosie L.D. Pointer       - Employee Representative
                     Michelle L. Butt         - Employer Representative
                     Christopher F. Kelly, Sr.- Employer Representative
                     George Maloney           - Employer Representative
                     Grant Shmelzer           - Employer Representative

                     Robert H. Laudeman        - USDL/OA Ex Officio
                                                   Consultant to the Council
                     Katharine M. Oliver       - MSDE Ex Officio
                                                   Consultant to the Council
                     Deyanira C. Alcantara     - Consultant to the Council

OTHERS:              J. Ronald DeJuliis        - Commissioner of Labor and
                                                   Industry, DLLR
                     C. Edward Poarch II       - MATP
                     Kelton Addison            - MATP
                     Alfred M. FitzSimons      - MATP
MARYLAND APPRENTICESHIP AND TRAINING COUNCIL
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                  Kevin Johnson            -   MATP
                  Paula M. Kuessner        -   MATP
                  Karl J. Matzdorf         -   MATP
                  William W. Saxman        -   MATP
                  John P. Taylor           -   MATP
                  Michael L. Alexander     -   Baltimore City Joint
                                                 Apprenticeship Committee
                  Larry A. Barker          -   Road Sprinkler Fitters Local
                                                 Union 669
                  Dr. Thomas Barrett       -   Joint Carpentry Apprenticeship
                                                 Committee of Washington,
                                                 D.C. and Vicinity
                  Romina Byrd              -   Miller and Long
                  Brian S. Cavey           -   Heat and Frost Insulators and
                                                 Allied Workers Local No. 24
                                                 JAC
                  Kevin M. Donohue         -   Mid-Atlantic Regional Council
                                                 of Carpenters
                  Angelica Faulkner        -   Associated Builders and
                                                 Contractors, Inc.,
                                                 Chesapeake Chapter
                  P.J. Goel                -   Goel Services, Inc.
                  Charles E. Graham        -   I.B.E.W. Local No. 26
                  Timothy T. Haley         -   Washington, D.C. Joint
                                                 Plumbing Apprenticeship
                                                 Committee
                  David Herman             -   Kinsley Construction, Inc.
                  Robert E. Humbertson     -   Bricklayers and Allied
                                                 Craftworkers, Local 1
                  Lisa D. Johnson          -   Associated Builders and
                                                 Contractors, Inc.,
                                                 Metropolitan Washington
                                                 Chapter
                  Charles W. Ketner        -   Road Sprinkler Fitters Local
                                                 Union 669 JATC
                  Norbert R. Klussman      -   Sheet Metal Workers Local No.
                                                 100 JATC, Washington, D.C.
                                                 Area
                  Jonathan R. Krasnoff     -   DLLR/OAG
                  Carrie E. Liller         -   Associated Builders and
                                                 Contractors, Inc.,
                                                 Metropolitan Washington
                                                 Chapter
                  David A. McCord          -   Washington, D.C. Electricians
                                                 JATC, I.B.E.W. Local No. 26
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                  David L. McNair          - Ironworkers Local No. 5 JATC
                  Jason C. Roberts         - Associated Builders and
                                               Contractors, Inc.,
                                               Metropolitan Washington
                                               Chapter
                  Hugh Riddell             - Washington, D.C. Joint
                                               Plumbing Apprenticeship
                                               Committee
                  Deb Rohrbaugh            - Kinsley Construction, Inc.
                  Kenneth M. Sellers       - Plumbers and Pipefitters U.A.
                                               Local No. 782 JATC
                  David Smarte             - Delaware Elevator
                  Jimmy Yuhase             - Ironworkers Local No. 5 JATC


     Commissioner DeJuliis thanked everyone in attendance for what they do
     on behalf of apprenticeship. He noted that Maryland had had over
     10,000 apprentices prior to the downturn in the economy and stated
     he hoped to go back over that level as the economy improves and work
     becomes available.

     The Commissioner reminded Council members of the work that had been
     done at the Victor Cullen Center, a facility for juveniles, where
     there had been training provided in the building and construction
     trades. That had led to some of the participants going into
     apprenticeship programs and gainful employment upon leaving that
     facility. Commissioner DeJuliis went on to note that the Division of
     Labor and Industry had held discussions with the Secretary of
     Corrections to start a training program in demolition where inmates
     would receive training in the building and construction trades while
     working to demolish closed correctional facilities. He stated that it
     was the Secretary of Correction’s concept to select inmates with an
     aptitude for construction and who are close to their release dates.

     Commissioner DeJuliis provided the Council with an update on the
     Division of Labor and Industry’s Employment Rights and Safety Forum
     that had been held at Towson University in January. He noted that
     about 600 people had attended the forum. He went on to state that
     next year’s forum would be expanded to a full day and cover more
     programs and have more speakers.

     Council members were informed that the Commissioner’s Construction
     Roundtable would resume after the General Assembly session ends.
     The Commissioner noted that it would probably be held the last
     Thursday in April and welcomed those interested to attend.
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  I. The first order of business was the approval of the minutes of the
     November 8, 2011 and January 10, 2012 Council meetings which were
     approved as submitted.

     Mr. Shmelzer stated that both he and Mr. Greenhill had had some
     concerns about a further discussion of Affirmative Action Plans and
     apprentice selection procedures as had been noted in the minutes of
     the January 10, 2012 Council meeting. Mr. William Taylor replied that
     Mr. John Taylor had informed him that Mr. Krasnoff would be leading
     that discussion later in the meeting.

     Mr. William Taylor stated that updated information had been received
     for Kinsley Construction, Inc. Mr. John Taylor reminded Council
     members that at the January 10, 2012 meeting, they had approved the
     Standards of Apprenticeship for Kinsley Construction, Inc. pending
     modifications to the apprentice selection procedure and a staff review
     of a proposed classroom facility in Timonium, Maryland. Mr.
     FitzSimons stated that he had reviewed the facility in Timonium that
     they would be using to conduct related instruction classes in
     Maryland. He also stated that the Council’s concerns about the
     minimum qualifications and the apprenticeship applicant rating
     system had been addressed. Mr. David Herman of Kinsley Construction,
     Inc. explained to Council members the numerical ranking system that
     they would be using.

     A motion to accept the modifications that the Council had requested at
     the January 10, 2012 Council meeting was made by Mr. McNelly, seconded
     by Mr. Shmelzer and unanimously approved.


II. NEW BUSINESS:

     A. PROGRAM REVISIONS:

        1. Associated Builders and Contractors, Inc. Chesapeake Shores
           Chapter (Karl J. Matzdorf) – Revision to Standards of
           Apprenticeship to register additional methods of delivery of
           related instruction in the form of home study and NCCER’s
           Contren Connect.

           Mr. Shmelzer inquired as to how the additional methods of
           delivery of related instruction would be implemented. Ms.
           Faulkner replied that apprentices would still have to attend
           related instruction classes one night per week as well as the
           online instruction. She added that all tests and exams would
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           take place in the classroom under the supervision of an
           instructor. She also noted that during the time that
           apprentices would be doing online instruction, an instructor
           would also be online to answer any questions that apprentices
           might have.

           In response to a question from Ms. Pointer, Ms. Faulkner stated
           that any apprentice who did not have access to a computer at
           home could log onto the web site and do the instruction from any
           computer that they did have access to.

           A motion to approve this revision with the understanding that
           at least fifty percent (50%) of the related instruction hours be
           physically in the classroom was made by Mr. McNelly, seconded by
           Mr. Maloney and approved with one abstention.

         2. Sheet Metal Workers Local No. 100 JATC, Washington, D.C. Area
           (Karl J. Matzdorf) – Revision to section 5 of Standards of
           Apprenticeship (Term of Apprenticeship), section 7 (Suggested
           Schedule of Work Processes for Sheet Metal Apprentice), section
           8 (Related Instruction) and a new Attachment No. 4 – Wage Scale
           for Apprentices in Four Year and Five Year Programs.

           Mr. Klussman explained to Council members that technological
           changes in the industry have necessitated additional training
           requirements. He stated that the 5-year program would be phased
           in with new incoming apprentices. Apprentices already in the
           apprenticeship program would continue on in the 4-year program.

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

        3 . Goel Services, Inc. (John P. Taylor) – Revision to Appendix III
           of Standards of Apprenticeship – Related Instruction Specific
           Information.

           Mr. P.J. Goel informed Council members that the content of their
           related instruction curriculum has not been changed. Rather,
           they had found that it would be more efficient to have some of
           the classes that they had intended to do in-house be provided by
           outside vendors. He went on to explain that some of those
           classes would be conducted offsite and in 40 hour blocks. He
           also explained what arrangements would be made for apprentices
           to get to those classes.
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           A motion to approve this revision was made by Mr. Greenhill,
           seconded by Mr. Williams and approved with two abstentions.

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

        1. Associated Builders and Contractors, Inc., Baltimore
           Metropolitan Chapter (Karl J. Matzdorf).

           Employer Representative Michelle L. Butt recused herself from
           this item of Council business.

           Mr. Matzdorf noted that he had found that there was under-
           utilization of women in this apprenticeship program. He also
           informed Council members that while apprentices are selected
           from the sponsor’s eligibility list, participating employers
           also send employees that they have selected to be registered in
           the apprenticeship program.

           Mr. Greenhill asked about what happens to people on the
           eligibility list. Ms. Butt responded that they stay on the
           eligibility list until they request to be removed from it. If
           they find a contractor while waiting, they will be registered as
           an apprentice.

           Mr. Greenhill also inquired about the graduation rate for
           minorities. Ms. Butt replied that she would like to see it
           improve but made note of both current economic conditions as
           well as problems with getting plumbing apprentices to pass the
           licensing examination for Plumbers.

           A motion to accept this review, with staff recommendations,
           was made by Mr. Williams, seconded by Mr. Shmelzer and
           unanimously approved.

        2. Plumbers and Pipefitters U.A. Local No. 782 JATC (Karl J.
           Matzdorf).

           Mr. Matzdorf stated that there was underutilization of both
           minorities and women in the apprenticeship program despite
           documented outreach and recruitment efforts.

           Mr. Krasnoff explained the difference between registered
           apprenticeship and the apprentice license issued by the Maryland
           Board of Plumbing in the Division of Occupational and
           Professional Licensing. He added that an individual cannot get
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           a journey plumbing license without passing an examination.
           He observed that he understood from the Board that there are
           people who are “lifetime apprentices” because they do not take
           or cannot pass the licensing examination. He also added that
           both he and Mr. Poarch had attended the last meeting of the
           Maryland Board of Heating, Ventilation, Air Conditioning and
           Refrigeration Contractors to discuss a similar situation for
           that occupation.

           Mr. McNelly asked whether someone from the Maryland Board of
           Plumbing could come before the Council to address the issue. He
           also asked that Mr. Laudeman coordinate advising U.S. Department
           of Labor personnel of the difference between “licensed
           apprentices” and “registered apprentices” as it applies to
           federal prevailing wage projects in the State of Maryland.

           Mr. Greenhill asked Mr. Sellers about the number of contractors.
           Mr. Sellers replied that the number of signatory contractors
           varies as out-of-town contractors need to become signatory for
           the time that they are working in Local No. 782’a jurisdiction.

           A motion to accept this review, with staff recommendations, was
           made by Mr. Greenhill, seconded by Mr. McNelly and unanimously
           approved.

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

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

           a. Eckhardt Funeral Chapel (Karl J. Matzdorf) – Occupation of
              Mortician.

           b. Eline Funeral Home (Karl J. Matzadorf) – Occupation of
              Mortician.

           c. Matthews & Pierce Masonry, Inc. (Karl J. Matzdorf) -
              Occupation of Bricklayer.

           d. Primo Electric Company (IES Commercial, Inc.) (Karl J.
              Matzdorf) – Occupation of Electrician.

        2. The following program reviews were performed and deficiencies
           were found in the manner in which the programs were being
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           conducted. Staff has provided technical assistance to the
           sponsors and the sponsors were sent letters informing them that
           follow-up reviews would be conducted or the sponsors have
           submitted requests for voluntary cancellation of Standards of
           Apprenticeship. [No Council Action Required]:

           a. Frederick Manufacturing Division/SFA, Inc. (Karl J. Matzdorf)
             - Occupation of Machinist.

           b. Larry Ay, Inc. (Karl J. Matzdorf) – Occupation of Plumber.

           c. Painting and Decorating Contractors of America, Baltimore
              Chapter (Karl J. Matzdorf) – Occupation of Painter.

     D. VOLUNTARY REQUESTS FOR CANCELLATION OF STANDARDS OF APPRENTICESHIP:

        1. Associated Builders and Contractors, Inc., Eastern Shore Chapter
           effective July 25, 2011, Eckhardt Funeral Chapel effective
           December 20, 2011, Eline Funeral Home effective January 10,
           2012, IES Commercial, Inc. (formerly Primo Electric Company)
           effective January 1, 2012, Larry Ay, Inc. effective December 19,
           2011, Painting and Decorating Contractors of America, Baltimore
           Chapter effective December 21, 2011 and Soltera Defense
           Solutions, Inc. (formerly Frederick Manufacturing Division/SFA,
           Inc. effective December 14, 2011.

           A motion to approve the voluntary requests for cancellation of
           Standards of Apprenticeship for Associated Builders and
           Contractors, Inc., Eastern Shore Chapter, Eckhardt Funeral
           Chapel, Eline Funeral Home, IES Commercial, Inc. (formerly Primo
           Electric Company), Larry Ay, Inc., Painting and Decorating
           Contractors of America, Baltimore Chapter, and Soltera Defense
           Solutions, Inc. (formerly Frederick Manufacturing Division/SFA,
           Inc. as per the dates requested was made by Mr. Greenhill,
           seconded by Mr. McNelly and unanimously approved.

     E. OTHER BUSINESS:

        1. Associated Builders and Contractors, Inc., Chesapeake Shores
           Chapter (Karl J. Matzdorf) – Request to register an apprentice
           Electrician with credit for on-the-job training and/or related
           instruction beyond the fifty percent (50%) level due to delayed
           registration.
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           A motion to approve this request was made by Mr. Greenhill,
           seconded by Mr. Maloney and unanimously approved.

        2. Discussion of apprentice selection procedures (Jonathan R.
           Krasnoff).

           Mr. Krasnoff distributed copies of the Equal Employment
           Opportunity in Apprenticeship and Training Regulations to the
           members of the Council. He stated that sponsors are required to
           adopt one of the four selection methods stated the regulations
           which are selection in rank order from a pool of eligible
           applicants, random selection from a pool of eligible applicants,
           selection from a pool if current employees in accordance with
           provisions of a collective bargaining agreement, if one exists
           or by a company’s established promotion policy or an alternative
           selection method. He went on to explain a sponsor’s obligations
           under each of the four selection methods. In addition, he
           stated that a sponsor using an alternative selection method
           could be required to adopt a different selection method if they
           were not meeting their Affirmative Action goals and timetables.

           Mr. Shmelzer inquired about what is being done or will be done
           about those sponsors identified at the previous Council meeting
           as not following their approved selection procedures.

           Mr. John Taylor asked Mr. Krasnoff if the requirements of an
           alternative selection method would be flexible enough to cover
           participating employers sending their existing employees to the
           sponsor to be registered provided that the sponsor was meeting
           its goals and timetables. Mr. Krasnoff responded that that
           would need to be considered by the Council on a case by case
           basis.

           A motion to give direction to Mr. Krasnoff and staff to meet
           with those sponsors whose program reviews indicated that they
           were not following their presently approved selection procedures
           was made by Mr. McNelly, seconded by Mr. Shmelzer and
           unanimously approved.

           Mr. John Taylor asked Mr. Laudeman when the U.S. Department of
           Labor would be putting a proposed revised Part 30 of Title 29
           of the Code of Federal Regulations out for public comment and if
           there would be any differences in apprentice selection methods
           in the proposed revised 29CFR30. Mr. Laudeman replied that he
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           did not have an answer to that question as he had not yet seen
           the proposed revised 29CFR30.

        3. Report from the Regulations Subcommittee.

           Mr. Krasnoff informed the Council that the regulations
           subcommittee had met in February to review the letter that had
           been sent by Mr. John Ladd, Administrator of DOL’s Office of
           Apprenticeship, to Commissioner DeJuliis outlining the status of
           Maryland’s application for continued recognition as a state
           apprenticeship registration agency for federal purposes. The
           subcommittee had developed a draft of a response to Mr. Ladd’s
           letter and that letter had been sent to Mr. Ladd by the
           Commissioner on February 24, 2012. Copies of that letter had
           been sent to the members of the Council and Mr. Krasnoff
           provided the full Council with an overview of that letter.

           Mr. Krasnoff stated that some the changes to Maryland’s proposed
           revised Apprenticeship and Training regulations being requested
           by DOL’s Office of Apprenticeship were relatively minor and
           could easily be made. Other changes would require additional
           work on the part of the regulations subcommittee. If changes
           are required to Maryland’s apprenticeship statute, those changes
           would not be able to go before the General Assembly until the
           2013 legislative session. Mr. Krasnoff recommended another
           meeting of the regulations subcommittee prior to the May 8,
           2012 Council meeting to develop a draft of the minor changes
           that he could present to the Council for its review at the
           May meeting.

        Mr. Greenhill made the Council aware a a bill before the current
        General Assembly session to establish a taskforce to do a study of
        apprenticeship.

There being no further business to come before the Council, the meeting of
the Maryland Apprenticeship and Training Council was adjourned at 10:55
a.m.

                              Respectfully submitted,



                              C. Edward Poarch II
                              Secretary
                              Maryland Apprenticeship and Training Council

								
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