"New" Apprenticeship Law Passed 11/4 Yesterday

[CindyLocklear]

This was the circulation draft of the revised Apprenticeship Requirement Law that the Legislature approved 11 to 4 yesterday. The NOES were Konst, Locklear, Mills and Razenhofer.

As with the last attempt, this now will go to Giambra who has 30 days to Veto. If he vetoes, then it will need a SuperMajority (10 affirmative votes) to override the Veto and Make it Law.

Cindy

[buffy]

wait a minute, is this the law Kennedy was advocating that didn't get enough votes last time? the one that would require all public construction bidders to have a training program included for minorities?

[CindyLocklear]

I tried to attach the pdf of the draft we got; the attachment was rejected for being too large, I will break it into one page parts and start posting it. Cindy

[CindyLocklear]

Ok; even as 1 page docs they are too large at 222 kbs. Tony: any other options?

Cindy

[dtwarren]

Here is a link to it in PDF Format: http://www.upstate-citizens.org/LL-Apprentice.pdf

So if Giambra signs this, or his veto is overridden, who will be the first contractor to challange its validity?

[WNYresident]

Ok; even as 1 page docs they are too large at 222 kbs. Tony: any other options?

Cindy

Email it over.. There is a size limit to attachments

[woodstock]

is this it?

COUNTY OF ERIE
LOCAL LAW INTRO NO. 1 – 2006
LOCAL LAW NO. ___-2006

A LOCAL LAW in relation to a requirement for Worker Training Programs by contractors and subcontractors under contract with the County of Erie.
BE IT ENACTED BY THE ERIE COUNTY LEGISLATURE AS FOLLOWS:

Section 1. Legislative Intent.
The Erie County Legislature hereby finds, declares and determines that:
A. There has been a long and productive history of partnership between labor and management in the training of workers in New York State.

B. Worker training programs are valuable educational and training tools for the local workforce by reducing reliance on out-of-area labor for construction projects.

C. Worker training programs provide opportunities to residents in this area through training and education for skilled jobs.

D. These skilled jobs create a better opportunity for the tax dollars spent on local construction projects to remain within the local community.

E. It would be valuable to encourage labor and business/industry to participate in worker training programs to meet the increased need for trade persons while providing residents the means to earn a better living and fostering the local and regional economies.

F. It is valuable for local government to encourage broad participation in such worker training programs by the residents of Erie County and to foster the equal opportunity of men and women of all races and backgrounds to participate in order to enhance workforce development and diversification.

G. The costs associated with a requirement that contractors and subcontractors performing construction and related services in contractual agreements with the County of Erie establish worker training programs are yet to be determined, but such costs will likely be mitigated significantly by the resulting increase in the skilled workforce from such a requirement, a circumstance that will ensure that Erie County's local workforce will be able to accommodate the need for well-trained construction workers.

H. This Local Law is a first step towards a single, uniform criterion for state registered apprenticeship programs through New York State Department of Labor.

I. It is the belief of the Erie County Legislature that the terms of this Local Law will allow the contractors and subcontractors who do business with Erie County to come into compliance with the criteria of this Local Law and, hopefully in due time with the criteria for state registered apprenticeship programs through New York State Department of Labor.

J. Nothing in this Local Law should be read to abrogate the duty of Erie County with respect to its MBE/WBE requirements.

Section 2. Short Title.
This Local Law shall be known as "The Erie County Workforce Development and Diversification Apprenticeship Training Program."

Section 3. Definitions.
A. "Worker training program" shall mean: a state registered apprenticeship program through New York State Department of Labor that includes the following standards:
(a) An organized, written plan in place that embodies the terms and conditions of employment, and the training and supervision of one or more workers;
(b) A schedule of wages to be paid to the worker consistent with the skills required and approved by the New York State Department of Labor; and
(c) Equal opportunity and affirmative action plans.
(d) Workforce development and diversification goals ensuring that the workforce includes at least 30% minority and female participation combined in project personnel including trades people, trainees, journeymen, apprentices, and supervisory staff.
(e) A minimum of ten (10%) percent of the workforce employed by any and all contractors or subcontractors be done by a person or persons participating in an apprenticeship program which has been registered with and approved by the New York State Commissioner of Labor in accordance with Article 23 of the NEW YORK LABOR LAW anything in Section 103 of the NEW YORK GENERAL MUNICIPAL LAW to the contrary notwithstanding.

B. "Commissioner" shall mean the Commissioner of the Erie County Department of Public Works.

C. "Construction contract" shall mean any contract to which the County of Erie shall be a signatory which involves the construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition or otherwise providing for any building, facility, roads, highways, bridges, or physical structure of any kind.

D. "Construction subcontract" shall mean any subcontract between a contractor who has a
construction contract with the County of Erie which involves the construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition or otherwise providing for any building, facility, roads, highways, bridges, or physical structure of any kind.

E. "Contractor" or "subcontractor" shall mean a contractor or subcontractor that directly employs workers under a construction contract or construction subcontract, as defined herein, for which a worker-training program, registered through New York State Department of Labor is required.

F. "Construction worker" shall mean an individual directly involved in the construction,
reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition or otherwise providing for any building, facility, roads, highways, bridges, or physical structure of any kind.

Section 4. Requirements and Exceptions.

A. Any contractor, prior to entering into a construction contract, as defined herein, with the County of Erie, or any subcontractor entering into a construction subcontract, as defined herein, with a contractor who has a construction contract, as defined herein, with the County of Erie, is required to have in place at the time of bid a NYS Department of Labor apprenticeship training program, as defined herein, either internally to the contractor or subcontractor and/or through an organization servicing several contractors or subcontractors, appropriate for the type and scope of work to be performed.

B. For any construction worker working on a county project into which a construction contract or construction subcontract has been entered in accordance with the provisions Sections 4(A) of this Local Law, contractors and/or subcontractors must file with the Commissioner, a written certification of completion of a NYS Department of Labor approved apprenticeship training program in accordance with this Local Law.

C. The Commissioner shall file reports on a quarterly basis with the County Executive and the Legislature as to the training of workers and certification thereof as required by section 4(B) above.

D. Any contractor with the County of Erie, or any subcontractor entering into a construction subcontract with a contractor who has a construction contract with the County of Erie, is required to ensure that the workforce which it engages to perform work in execution of the contract or subcontract meets the minimal workforce diversification standards as defined in section 3(A subparagraph d) above, such contractors and/or subcontractors shall provide the Commissioner or designated compliance officer with the following:
(a) A monthly workforce census and such other employment and/or payroll records necessary to verify achievement of the workforce diversity goals and demonstrate compliance with the minimum standards.
(b) Access and cooperation to the project compliance officer to review records on-site and/or at worksite premises to validate workforce participation.
(c) With bid submission, a statement committing to providing apprenticeship training opportunities to workers, as well as details of workforce diversification recruiting program directed at attracting candidates to fill positions to meet such requirements.

Section 5. Rules & Regulations.

The Commissioner of the Erie County Department of Public Works is hereby authorized to
promulgate such rules and regulations that are lawful, necessary and appropriate to implement, enforce or otherwise carry out the purposes of this Local Law, provided that the Legislature, by simple majority, has not voted to disapprove such rule or regulation within sixty (60) days from the Commissioner's written notice to the Legislature that such rule or regulation has been promulgated.

Section 6. Equal Employment Opportunity Oversight

The Director of the Erie County Division of Equal Employment Opportunity shall conduct oversight and review functions over apprenticeship training programs operated in accordance with the provisions of this Local Law to ensure compliance with federal, state and local laws and regulations concerning minority and women participation, and shall report to the Legislature annually concerning such compliance.

Section 7. Penalties.
Violation of any provision of this Local Law shall constitute cause, grounds or other legal justification for termination of any contractual agreement with any contractor or subcontractor engaged in a construction contract or construction subcontract with the County, in accordance with County and state laws, rules and regulations governing the termination of such contractual agreements.

Section 8. Severability.

If any clause, sentence, paragraph, subdivision, section or part of this Local Law or the application thereof, to any person, individual, corporation, firm, partnership, entity or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional such order of judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this Local Law or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly
involved in the controversy in which such judgment or order shall be rendered.

Section 9. Applicability.

This Local Law shall apply to construction contracts advertised for bids on or after the effective date.

Section 10. Effective Dates.
This Local Law shall take effect upon its filing with the Secretary of State, in accordance with Section 27 of the New York State Municipal Home Rule Law.

TIMOTHY M. KENNEDY - LYNN M. MARINELLI
BARRY A WEINSTEIN - MARIA R. WHYTE
DANIEL M. KOZUB - GEORGE A. HOLT
DEMONE A. SMITH - THOMAS J. MAZUR
MICHELE M. IANNELLO - ROBERT B. REYNOLDS, JR.
THOMAS A. LOUGHRAN

MEETING NO. 3
FEBRUARY 2, 2006

[granpabob]

I think this out laws self employment and family operations.
self employed or partnerships don't always have helpers or minorities
family ran and operated businesses have father son uncles cousins etc working for them would now be illegal since no outsiders are involved. would a black company be required to have whites working for it. oops sorry that is the race card
this law states required wages I bet this is the union wage scale not everyone else's scale
want to bet the apprentice programs will be too costly for a company that needs to only train one person
will a company be able to run its own training or will that be done only by schools at other union operations
will each town have to set up training programs for all the companies inside its borders
or is all of this just another way for unions to get a monopoly on public fund jobs.
Just think we can train every one that five men have to stand around watching while one man does the work. and every work in the county will become a specialist allowed to only work in one field.

teamster to drive the crew to the job , oilier to gas and oil the equipment , operator to start the equipment and run it. Labors to shovel carry and push wheel barrows. Iron worker to hold the steel. masons to do concrete work carpenters to swing the hammers a steward to make sure everyone just does their own job and carries a union card. engineer to read the plans. foremen to manage the job. yup all these men are needed to put up your 100 foot long fence. that much better then the one or two men it now takes so what if that fence costs you $10,000.00 its just tax money

[dtwarren]

Woodstock,

The version you posted does differ from the PDF I linked to. I do not know if the differences are substantive or not but the linked copy is the amended version.

[CindyLocklear]

The Link DTW has up above links to the newest version of the App Law. The Version DTW linked to is the version that passed 11/4 on Thurs 5/11. (Big Thanks to DTW for helping me out!!).

Woodstock; the text you posted is the Prior Version of this Law. The Prior Version also passed 11/4 back in Feb. It was then vetoed by Giambra and then it died in committee because there were not enough votes (10) behind it to overrride the Giambra Veto.

Grandpa: I agree with your comments.

BTW; the Feb version was flawed and this one is too. It is anticompetitive, violates state laws and I suspect it may also be unconstituitional.

Cindy

[count alucard]

How does this work? Does it mean that if a job requires 10 master craftsmen, nine have to be a master craftsman and one needs to be an apprentice. If the apprentice makes less money, then labor on the job would be less. In reality would this program save money and train young people at the same time? Am I missing something?

__________________________________________________ _______________

The count says:

"It's better to look forward than backward?"

[woodstock]

i knew when posting that that was an earlier version.

[Dino330]

It only applies to county jobs over $250,000. It hardly restricts competition.

[CindyLocklear]

How does this work? Does it mean that if a job requires 10 master craftsmen, nine have to be a master craftsman and one needs to be an apprentice. If the apprentice makes less money, then labor on the job would be less. In reality would this program save money and train young people at the same time? Am I missing something?

__________________________________________________ _______________

The count says:

"It's better to look forward than backward?"

So yes, You are missing something. The mere fact that a contractor's labor cost is potentially lower due to paying apprentice vs. Journeyman wages, is no guarantee that the County (ie the Taxpayer) will have that lower cost passed on to it. That would only be in the realm of fact vs. fiction, if the contracts were cost plus fixed fee type rather than lump sum/low bid.

In addition, if the field of potential bidders is controlled and reduced by this discriminator, then the beneficial effect of competititve pressure is neutralized.

Cindy

[CindyLocklear]

It only applies to county jobs over $250,000. It hardly restricts competition.

First of all, County Projects routinely cost more than $250K; in the time I have been working that threshold amount is closer to the contingency reserve.

Second of all, it also applies to all subcontractors/subcontracts on projects in excess of $250K, there is no threshold on subcontracts. Tell me again how this will not hurt small businesses and its not anti competitive.