EDNY Case 21-cv-02194 US Court of Appeals Second Circuit 21-1573 Doc #8 Civil Appeal Pre-Argument Statement (Form C)

Case

Case 21-1573, Document 8, 07/12/2021, 3135699, Page16 of 158 Article 8 of the New York State Labor Law, 24 hours of protection for health, disability, medical care and lost wages, encouraging workers to stay with their employer. The Percy Program fosters depth of experience and skill in the workforce. Percy Jobs to Careers, an IRC 501(c)(3) non-profit corporation, was founded to create apprentice training as a pathway for anyone to advance, which includes rewarding skills, advancement to business ownership and beyond, an individual’s choice. Mr. Kernan has developed Apprenticeship for many occupations through trade associations and by individual employer sponsors, involving learning a skilled occupation through both on-the-job training (practical, paid experience) and learning the related technical knowledge in a classroom (related classroom). The Percy Program EDNY Case 20-cv-06131 Dkt 22 Attachment #21 (which included apprenticeship, was developed to address the Percy vs Brennan decision and the Lancaster decision and to provide affirmative action that would benefit employees on public work projects) was approved by the Defendant United States Department of Labor. By a letter of direction to Mr. Kernan on June 14, 1984, the United States Department of Labor, Employment Standards Administration Wage and Hour Division advised that the provisions of the Program and the accompanying trust and adoption agreements were “bona fide” fringe benefit plans within the meaning of the Davis-Bacon Act and the applicable regulations of 29 CFR Part 5. On January 25, 1991, after the 1991 amendment to the Civil Rights Act of 1964 Title VII, Mr. Kernan obtained association approval for an apprenticeship sponsor under regulation [part 601] and Article 23 of the New York State Labor Law, qualified under the 1937 National Apprenticeship Act section 1 (29 U.S.C. 50) under U.S. Department of Labor's Bureau of Apprenticeship and Training (BAT) and C.F.R.T. 29, Subt. A, Pt. 29 and 14

Case 21-1573, Document 8, 07/12/2021, 3135699, Page17 of 158 Pt. 30. (the Fitzgerald Act). Registration of the Percy Apprenticeship Program under the regulation 12 N.Y.C.R.R. 601.8 that existed when the Oriska Corporation program was registered, remains in full force and effect. In 1994 the apprenticeship programs established as an Alternative Employment Practice were approved to be provided with workers' compensation insurance coverage as safety and loss control by an insurance carrier. The Alternative Employment Practice, set forth at (Complaint companion EDNY Case 21-cv-01421 Document #1, Attachment 6) paragraphs 656-629 as the Percy Program, incorporates apprentice training into the workers’ compensation loss control and safety training of employees by enrolling new entrants to the workforce to work alongside existing journeypersons, growing the depth of skilled workers whose ranks are being diminished through age and attrition. The Alternative Employment Practice is paid on-the-job apprentice training and continual education involving apprentice training under the Fitzgerald Act (29 U.S.C. §50 commonly known as the National Apprenticeship Act of 1937, section 1 (29 U.S.C. 50) under U.S. Department of Labor's Bureau of Apprenticeship and Training (BAT) and C.F.R. T. 29, Subt. A, Pt. 29 and Pt. 30). Mr. Kernan developed work processes for on-the-job training and related classroom instruction for many skilled occupations, including: carpentry, heating, ventilation and air conditioning, plumbing, steam fitting, masonry, steelworking, roofing, and operations engineering, including electricians and skilled laborers. Areas that are currently in development include: hospital maintenance, personal care and health care workers; activity directors, dining services and environmental services; nurse, rehabilitative, home health, and medication aides, along with emergency medical technicians, firefighters and other first responders. This list is virtually unlimited and 15