JULY 14, 2020 - Minutes of Public Meetings - Apprenticeship and Training Council

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The Chairperson, Brian Cavey called the virtual meeting of the Maryland Apprenticeship and Training Council to order at 9:03 a.m. and welcomed all Council members, staff and guests taking part in the meeting. The Director, Chris MacLarion did a roll call of Council members for the minutes of the meeting.

PRESENT:
COUNCIL MEMBERS
Brian S. Cavey - Chairperson Employee Representative

Christine Banovic - Public Representative
Michelle L. Butt - Employer Representative
Allen B. Clinedinst III - Employee Representative
Norbert R. Klusmann, Sr. – Employee Representative
Grant Shmelzer - Employer Representative
David Smarte - Employer Representative
Neil E. Wilford, Jr. – Employee Representative
David J. Wilson, Sr. – Employee Representative
*Not present: Leon W. Bromley – Employer Representative. Mr. Bromley emailed the Maryland Apprenticeship and Training Program Director in advance and stated he would be absent.
Ronald Leonard - USDOL/OA

OTHERS:

James Rzepkowski - Assistant Secretary for Workforce Development and Adult Learning, Maryland Department of Labor

Christopher D. MacLarion - Director, Maryland Apprenticeship and Training Council (MATP)
Kelton Addison - MATP
Ginamarie Best - MATP
Kevin L. Hunt - MATP
Jennifer D. Runkles - MATP
Patty Shreves - MATP
Jane Sinclair - MATP
John P. Taylor - MATP
Jeffrey W. Smith - MATP

Lloyd Day - Maryland Department of Labor, DWDAL
Leza Griffith - Maryland Department of Labor, OAG
Erin Roth - Deputy Assistant Secretary, DWDAL

Kathy Gress – Associated Builders and Contractors – Cumberland Valley
Jennifer Meulendyke - Martin Marietta Materials
John Shortt – National Restaurant Association Education Foundation
Amanda O'Donoghue - Nyla Technology Solutions
Rayna Wendkos - Nyla Technology Solutions
Chris Wywokii - Rhinehart Railroad Solutions, Inc.
Dwayne Wilson - Wilson Innovative Solutions, LLC
Peter Constantinou – Association of Air Conditioning Professionals
Alika Mackenzie – Association of Air Conditioning Professionals
Anita Hammond – Baltimore Alliance for Careers in Healthcare
Cara McCarthy – Baltimore Alliance for Careers in Healthcare


I. MINUTES APPROVAL:

A motion to approve the Minutes of the May 12, 2020 Maryland Apprenticeship and Training Council Meeting as submitted was made by Ms. Butt, seconded by Mr. Smarte and unanimously approved (Mr. Bromley absent).

II. REMARKS:

After the MATP Director, Mr. MacLarion, conducted a roll call, he noted that employer representative Leon Bromley indicated previously that he was unable to attend this meeting.

The Chairman Cavey indicated that a quorum was present.

Assistant Secretary Rzepkowski addressed the Council saying that Maryland remained under a State of Emergency and the state workforce remained under a mandatory telework order from the Governor. He also stated that unemployment insurance claims remained a focus of Labor Secretary Robinson. He also said that Maryland Labor was awarded a USDOL grant for the State Apprenticeship Expansion Grant for a little over six million dollars. He also said “We on the Workforce Development side are preparing for the next wave of attention. …as we move to Reemployment that next wave is going to impact the work that we do and our influx of customers is going to be rather massive. Right now unemployment insurance customers do not have to search for work. When that is lifted they will have to search for work again making the services provided in our American Job Centers very critical.”

Deputy Assistant Secretary Roth addressed the Council to elaborate on the Assistant Secretary’s remarks regarding the grant and how it pertained to marketing and that she was also very excited about the opportunity to be able to do a marketing campaign.

III. DIRECTOR’S REPORT:

A. Director MacLarion reminded everyone participating in the meeting as well as members of the public who were livestreaming that the meeting was being recorded in order to be able to prepare detailed minutes of the Council meeting. 

B. Council members were provided with an update of the status of the Apprenticeship and Training Fund. Mr. MacLarion reported that the balance after all obligations was $951,956.24. Contributions coming into the fund for the month of May 2020 were $14,236.58 and for the month of June 2020 were $18,345.17.

C. The Director noted that schools, colleges and apprenticeship programs continue to provide their related instruction to an online or some other virtual format to allow their apprentices to complete their training for the year and we anticipate seeing that continue through the 2021 school year. Sponsors are updating the Department as they implement such changes.

D. Updates: Sponsor Deficiency Letters sent by the council in the past 9-12 months were noted by Director MacLarion.

• Ralph Degli Obizzi Plumbing – It was noted that there were extremely low completion rates due to apprentices not taking courses in Maryland or sitting for the Maryland Plumbing exam. This sponsor had 9 apprentices at that time who had completed for certification and 2 had been rescheduled due to COVID for a total of 11 and they have 12 who are prepared to sit for the exam. Later in July 2020 the sponsor will provide a packet of their applications so that we can see their progress. The sponsor has communicated with MATP during the entire process and no further action was recommended.

• Eastern Elevator – Issues noted were low enrollment of minority and female apprentices. The sponsor responded with a corrective action plan. Since then the sponsor has successfully registered new apprentices for minority populations the first registration occur during the week of July 10th. Staff recommended continued work with the sponsor and monitoring of their progress as they emerge from COVID-19 and expand recruitment, but it appears no further action was needed at this time.

• Judd Fire Protection – Comments were held because of a pending review.

Mr. MacLarion noted that Maryland was awarded a grant for just over $6 million. The funds will be used to continue to help expand apprenticeship throughout Maryland to increase youth apprenticeship by connecting directly to registered apprenticeship by working with employers for on-the-job training reimbursements and to start a Statewide marketing Outreach campaign to expand awareness and excitement of the system.

The Council was informed that Maryland’s highly successful EARN program released a Clean Energy Jobs application that was available for review on the program website. In 2019 the Maryland State Legislature passed the Clean Energy Jobs Act which, beginning in FY2021, provides up to $8 million which must be used to prepare Marylanders for clean industry jobs.

Staff have been chipping away at the backlog of completion certificates; cancellations are next.
Director MacLarion indicated that the Tax Credit for 2019 has now expired; staff are working on regulations for the new Tax Credit. Regular updates will be provided to the Council as work progresses on that.

The Director’s Report was accepted by unanimous roll-call vote.

A motion to approve the Director’s Report was made by Ms. Butt, seconded by Mr. Smarte, and unanimously approved (Mr. Bromley absent).

IV. OLD BUSINESS:
A. PROGRAM REVIEW

1. Associated Builders and Contractors, Inc., Cumberland Valley Chapter (Jennifer D. Runkles). (item 1)
This item was tabled at the March 10, 2020 Maryland Apprenticeship and Council meeting in order for the statistical data to be reassessed.

Mr. Klusmann requested an amendment to accepting this review to include sending the sponsor a letter regarding deficiencies in increasing minority/female participation.

V. NEW BUSINESS:
A. NEW PROGRAMS:
1. Martin Marietta Materials (Christopher D. MacLarion) - Occupation of Electrician. Related instruction to be provided by Associated Builders and Contractors, Inc., Baltimore Metropolitan Chapter, I.E.C. Chesapeake, Inc. and the Harford County Electrical Contractors Association. (item 2)

The Director recited a background of the company and said that they would like approval for one of their four plants – in the Baltimore County area and requested approval for the Occupation of Electrician. Since it will be a small program of less than five apprentices there is no request to approve an Affirmative Action Plan.

Mr. Clinedinst asked about the “9th” step on the progression schedule. The Director answered that that was upon graduation. Mr. Wilford asked whether the position was Construction or Maintenance Electrician. The Director answered “they do a combination of both. [But] …it appears that it's more maintenance electrician than it is a construction Electrician.”

A motion to approve the new program was made by Mr. Smarte, seconded by Mr. Wilford and unanimously approved (Mr. Bromley absent).

2. National Restaurant Association Educational Fund (Christopher D. MacLarion) Occupation of Restaurant Line Cook. Request for registration of an Affirmative Action Plan with apprenticeship selection procedures and goals and timetables for minority and female apprentices. (item 3)

The Director read a synopsis of the organization along with their national program qualifications. They requested approval for the Occupation of Restaurant Line Cook and registration of an Affirmative Action Plan.

Mr. Shmelzer noted that they put dollar amounts in their progressive wage schedule and asked if that would require resubmission as minimum wage requirements increase. The Director responded that staff can convert to percentages and let the sponsor know.

A motion to approve the new program pending conversion to percentages in the progressive wage was made by Mr. Shmelzer, seconded by Mr. Smarte and unanimously approved (Mr. Bromley absent).

A motion to approve the Affirmative Action Plan with apprentice selection procedures and goals and timetables for minority and female apprentices was made by Ms. Butt, seconded by Mr. Smarte, and unanimously approved (Mr. Bromley absent).


3. Nyla Technology Solutions (Jeffrey W. Smith) - Occupation of Recruiter. Related instruction to be provided in-house. (item 4)

The Director read a synopsis of the position. Nyla is a woman-owned small business focused on providing software systems development to serve the federal government. This is a new occupation in Maryland and will utilize a ratio of one to one. Request for approval of Standards for occupation of [HR] Recruiter. There's not an affirmative action request for this program as it is under five.

Mr. Shmelzer asked for some background thoughts from the Director. He responded favorably.
Mr. Klusmann. asked if the recruiting is for the company or for an industry.
The Director responded “… This one is just for their company… with any luck, we can use this as a platform to expand into other companies that have similar occupations and recruiter positions available.”

A motion to approve the new program was made by Mr. Klusmann, seconded by Ms. Butt and unanimously approved (Mr. Bromley absent).

4. Rhinehart Railroad Solutions, Inc. (Kelton Addison) - Occupations of Track/Laborer and Track Equipment Operator. Related instruction will be provided online and in-house. Request for approval of an Affirmative Action Plan with apprenticeship selection procedures and goals and timetables for minority and female apprentices. (item 5)

The Director presented a synopsis of the company — railroad construction — and requested approval for the Occupations of Track Laborer and Track Equipment Operator.

Mr. Klusmann asked “when they said able to pass a drug screen check and background check, [that] seems kind of vague to me. What are they?” The Director answered “I believe that's criminal background checks due to the nature of some of the work. I think it's very similar to some of the prevailing wage and school style occupations are doing. There can be some situations where certain items in your background may not allow you to work in the occupation.”

Mr. Wilford requested an explanation for the progressive wage scale. “… It got its twelve slots down there, but then it says something about two months,” he said. The Director answered “rather than do it in the number of hours that would occur in a two-month period with every third month having an extra week. They broke it down to every two months.”

A motion to approve the new program was made by Mr. Shmelzer, seconded by Ms. Butt and unanimously approved (Mr. Bromley absent).

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. Smarte, seconded by Mr. Clinedinst and unanimously approved (Mr. Bromley absent).

5. WIS ED, LLC (Jane Sinclair) – Occupation of Cyber Security Analyst. Related instruction to be provided by the sponsor. Request for registration of an Affirmative Action Plan with apprentice selection procedures and goals and timetables for minority and female apprentices. (item 6)

The Director provided a synopsis of the company — they provide cyber security consulting research and education services to the local Defense community — and requested approval for the occupation of Cyber Security Analyst and subsequent Affirmative Action Plan.

Mr. Shmelzer asked “in their Apprentice selection procedures, it says must have completed a logic based math algebra 1 and a general understanding of Information Technology. Are they giving a prerequisite evaluation or how are they handling that?”
The Director responded “A lot of it is nothing more complicated than what we're doing every day when we're getting online for a WebEx and trying to merge Technologies, which I think it's a very fair trade off for that request for not having to have a high school diploma.”

A motion to approve the new program was made by Ms. Butt, seconded by Mr. Shmelzer and unanimously approved (Mr. Bromley absent).

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. Clinedinst, seconded by Ms. Banovic, and unanimously approved (Mr. Bromley absent).

B. PROGRAM REVISIONS:

1. Association of Air Conditioning Professionals (Christopher D. MacLarion) – Revision to change the method of related instruction delivery from classroom to virtually/online. (item 7)

The Director recited a synopsis of the sponsor and the reason for the request — COVID.

Mr. Shmelzer asked “is this now a complete change so they are no longer going to be offering in person related instruction?” The Director responded “Yes, sir. [But] they did not ask for us to remove the in-person related instruction … our preference is not to cancel their ability to convert back to that in the future.”

Mr. Wilford remarked “I think if we approve an apprenticeship if we're moving away from face-to-face instruction and just moving into an online program it sort of opens the door for any … group that come in and just do something online and say they're going to be an apprenticeship program. I don't have a problem for it as a temporary fix for what we're going through right now, but I think there should be a time schedule on it.”

The Director addressed their concerns saying “I would say that it should be approved because it does meet regulations. But if it does need adjustment as they move forward if the online sole capacity does not meet the needs of the apprentice … then they should be able to convert back and forth from a combination of in-house instruction, online instruction to a hard instruction location at a college or somewhere else.”

This was followed by a discussion of the efficacy of on-line while lacking hands-on labs.

A motion to approve this revision was made by Mr. Smarte and seconded by Ms. Butt; Ms. Banovic, Ms. Butt, Mr. Clinedinst, Mr. Shmelzer and Mr. Smarte voted yea; Mr. Klusmann, Mr. Wilford and Mr. Wilson voted no (Mr. Bromley absent).

2. Baltimore Alliance for Careers in Healthcare (Christopher D. MacLarion) – Revision to the apprentice wage progression schedule for the occupation of Licensed Practical Nurse. (item 8)

The Director stated that they are requesting to update their Standards of Apprenticeship today by amending the Progressive Pay Chart for the Licensed Practical Nurse occupation.

A motion to approve this revision was made by Mr. Smarte, seconded by Ms. Butt and unanimously approved (Mr. Bromley absent).

3. Frederick Community College (Jennifer D. Runkles) - Revision to add the occupation of Accounting Technician. Related instruction to be provided by Frederick Community College. (item 9)

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

4. Joint Apprenticeship Committee for the Operative Plasterers’ and Cement Masons Industry, Local No. 891 (Jeffrey W. Smith) - Request for registration of revised Standards of Apprenticeship for the occupation of Cement Mason and to add the occupation of Plasterer/Fireproofer. (item 10)

The Director presented a synopsis of the sponsor and the new occupation.

A motion to approve this revision was made by Mr. Wilford, seconded by Mr. Smarte, Mr. Klussman did not vote, all others voted yea (Mr. Bromley absent).


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

1. CVS Health (Ginamarie Best) item 11)

The Director gave a brief overview of the review and recommended approval.

A motion to accept the review was made by Mr. Smarte, seconded by Mr. Clinedinst and unanimously approved (Mr. Bromley absent).

2. Heat and Frost Insulators and Allied Workers Local 24 JAC (Ginamarie Best). (item 12)

The Director presented a history of the sponsor and overview of the review. Staff recommended approval.

A motion to accept this review was made by Mr. Smarte, seconded by Mr. Clinedinst, with Chairman Cavey recused, the rest of the council voted yea (Mr. Bromley absent).

3. Johnson Controls Fire Protection (Jane Sinclair). (item 13)

The Director presented a history of the program and overview of the review. He recommended approval.

A motion to accept this review was made by Mr. Clinedinst, seconded by Mr. Smart and unanimously approved (Mr. Bromley absent).

4. Judd Fire Protection, LLC (Christopher D. MacLarion). (item 14)

The director presented the program history and synopsis of the review. The sponsor was mailed a certified letter regarding their extremely low completion rate. Staff would recommend the review be approved understanding the sponsor responds to this Council within the next 12 days.

A discussion ensued regarding what course of action should be taken if the sponsor fails to respond within the remaining 12 days.

Mr. Klusmann made a motion that should the failure to correct occur, regulations should be followed by staff per COMAR. This motion was seconded by Mr. Smarte and unanimously approved (Mr. Bromley absent).

5. KaRon Masonry, Inc. (Kelton Addison). (item 15)

A motion to accept this review was made by Mr. Smarte, seconded by Ms. Butt and approved unanimously (Mr. Bromley absent).

6. Kinsley Construction, Inc. (Christopher D. MacLarion). (item 16)

A motion to accept the review was made by Mr. Clinedinst, seconded by Ms. Butt and approved unanimously (Mr. Bromley absent).

7. Pacific Architects and Engineers, (PAE) (Jane Sinclair). (item 17)

A motion to accept the review was made by Mr. Shmelzer, seconded by Mr. Clinedinst and unanimously approved (Mr. Bromley absent).

8. Plumbers and Steamfitters Local No. 486 JATC (Chrisopher D. MacLarion). (item 18)

A motion to accept this review was made by Mr. Smart and seconded by Ms. Butt, with Mr. Clinedinst recused, motion was approved by all other members (Mr. Bromley absent).

9. Prince George’s County Fire/EMS Department (Ginamarie Best). (item 19)

A motion to accept this review was made by Mr. Klusmann and seconded by Mr. Clinedinst, with Mr. Wilson recused, allow other members approved (Mr. Bromley absent).

10. Prince George’s County Public Schools (Ginamarie Best). (item 20)
A motion to accept this review was made by Ms. Butt, seconded by Mr. Clinedinst and unanimously approved.

11. United Union of Roofers, Water-Proofers and Allied Workers Local Union No. 34 JATC (Jennifer D. Runkles). (item 21)

The Director read their history and summary of the review including that deficiencies in this program included poor record-keeping, extremely low numbers of recruiting for minorities and females. Their outreach efforts and attempts appear to be low and they're not meeting current expectations and are in need of improvement.

Mr. Klusmann said “I noticed they have zero females and zero minorities. So what are we going to do about that?”
A motion was made by Mr. Klusmann to send a letter to address the multiple deficiencies, seconded by Mr. Clinedinst and unanimously approved (Mr. Bromley absent).

D. 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. Dedicated Circuits, LLC (Chrisopher D. MacLarion) item 22)
b. Human Genome Sciences, Inc. (GKS) (Ginamarie Best). (item 23)
c. Maritime Applied Physics Corporation (Jane Sinclair). (item 24)
d. Maryland National Capital Park and Planning Commission (Ginamarie Best). (item 25)
e. Montgomery County Public Schools, Department of School Facilities, Division of
Maintenance (Ginamarie Best). (item 26)
f. Swam Electric (a Division of B.J. Baldwin Electric, Inc. (Kevin L. Hunt). (item 27)

E. PROVISIONAL REVIEWS:

1. OST Global Solutions (Ginamarie Best). (item 28)

A motion to accept this provisional review was made by Mr. Smarte, seconded by Ms. Butt and unanimously approved (Mr. Bromley absent).

2. The Alliance for Media Arts + Culture, Inc. (Ginamarie Best). (item 29)

A motion to accept this provisional review was made by Mr. Smarte, seconded by Ms. Butt and unanimously approved (Mr. Bromley absent).


F. VOLUNTARY REQUEST FOR CANCELLATION OF STANDARDS OF APPRENTICESHIP:

1. Mast Electrical Service effective June 16, 2020.

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

G. OTHER BUSINESS:

1. Delaware Elevator, Inc. (Christopher D. MacLarion) - Request to award a posthumous Certificate of Completion of Apprenticeship. (item 31)

2. IUEC Local No. 10 Joint Apprenticeship Committee (Christopher D. MacLarion) – Request to award a posthumous Certificate of Completion of Apprenticeship. (item 32)

2a.Tieder Electric (Christopher D. MacLarion) - Request to award a posthumous Certificate of Completion of Apprenticeship. (item 46)

A motion was made by Mr. Clinedinst to award all three posthumous certificates (items 31, 32 and 46), and seconded by Mr. Shmelzer, Mr. Smarte recused, voted yea by all other council members (Mr. Bromley absent).

3. Associated Builders and Contractors, Inc., Metropolitan Washington Chapter (Christopher D. MacLarion) – Request to register an apprentice HVACR Technician with credit for on-the-job training and/or related instruction beyond the fifty percent (50%) level. (item 33)

A motion to award credit was made by Mr. Klusmann, seconded by Mr. Clinedinst and unanimously approved (Mr. Bromley absent).

4. Baltimore City Joint Apprenticeship Program (Cristopher D. MacLarion) – Request for after-the-fact re-registration and completion of an apprentice Instrumentation Technician. (item 34)

A motion to re-register and complete was made by Ms. Butt, seconded by Mr. Klusmann and unanimously approved (Mr. Bromley absent).

5. Bricklayers and Allied Craftworkers Local 1 (Ginamarie Best) – Request for after-the-fact registration and completion of three (3) apprentices. (item 35)

A motion to approve this request was made by Mr. Smarte, seconded by Mr. Clinedinst and unanimously approved (Mr. Bromley absent).

6. Request for the approval of Autonomous ID to be an eligible employer for Apprenticeship Maryland (Youth) Teresa Mena). (item 36)

7. Request for the approval of AAA Physical Therapy to be an eligible employer for Apprenticeship Maryland (Youth) (Teresa Mena). (item 37)

8. Request for the approval of the City of Hagerstown to be an eligible employer for Apprenticeship Maryland (Youth) (Jennifer D. Runkles), (item 38)

9. Request for the approval of Maryland Watch Works, LLC to be an eligible employer for Apprenticeship Maryland (Youth) (Jennifer D. Runkles). (item 39)

10. Request for the approval of Chesapeake CNC Manufacturing to be an eligible employer for Apprenticeship Maryland (Youth) (Patricia Shreves). (item 40)

11. Request for the approval of Warwick Fulfillment Solutions to be an eligible employer for Apprenticeship Maryland (Youth) (Patricia Shreves). (item 41)

12. Request for the approval of BoMark Electric, Inc. to be an eligible employer for Apprenticeship Maryland (Youth) (Jeffrey W. Smith). (item 42)

13. Request for the approval of Power Design, Inc. to be an eligible employer for Apprenticeship Maryland (Youth) (Jeffrey W Smith). (item 43)

A motion to approve all eligible employers for Apprenticeship Maryland (Youth) (Items 36 to 43) was made by Mr. Clinedinst, seconded by Mr. Klussman and unanimously approved (Mr. Bromley absent).

SUPPLEMENTAL AGENDA ITEMS:

VI. NEW BUSINESS

A. PROGRAM REVISIONS:

1. National Institutes of Health (Christopher D. MacLarion) – Request for reactivation of Standards of Apprenticeship for the occupation of Electrician. (item 44)

A motion to reactivate was made by Ms. Butt, seconded by Mr. Wilson and unanimously approved (Mr. Bromley absent).

B. PROGRAM REVIEWS (Fewer Than Five (5) Apprentices):
[No Council Action Required]:

g. Wingard and Company, Inc. (Jane Sinclair)

The Director concluded with an interesting anecdote regarding this sponsor’s history.

There being no further business to come before the Council, the meeting of the Maryland Apprenticeship and Training Council adjourned at 12:22 p.m.

Respectfully Submitted,

Christopher D. MacLarion
Secretary
Maryland Apprenticeship and Training Council