The Percy Program

It is a fight to level the playing field to be able to compete for jobs and careers on the basis of skills and make available apprentice training to all. In 1973 Al Percy launched a class action lawsuit to give workers like him a chance to better their lot in life. It would also ensure the availability of skilled workers to build the infrastructure of the future. Who is Al Percy? What is the lawsuit?

A short video follows below. there are also helpful and informative links on this website

Views
2 years ago

Percy Action

demolition engineer

demolition engineer supervising blasting and drilling crews. After working in the field, I was transferred to the main headquarters of Hercules Inc., a chemical and explosives manufacturer formerly affiliated with DuPont, located in Wilmington, Delaware. 20. I completed my BS degree in mechanical with civil engineering from Rensselaer Polytechnic Institute in 1972. I was promoted in 1974 to Senior Engineer at Hercules, Inc. I served four-years as an engineer-in-training apprentice with advanced placement for military service and training in civilian work, enabling me to sit for the engineer-and-training and professional engineering exams simultaneously, and upon testing in 1976 became licensed as a Professional Engineer in Delaware and New York. 21. While working for Hercules, I attended night law school, completing in 1976. I sat for the New York bar exam and was admitted to the practice of law in New York in 1977. 22. When I was recruited in 1978 to consult on benefits with the Percy attorney Dennis R. Yeager Esq., now deceased, I worked with the team pursuing an apprenticeship program based on a 1974 award by Judge Lasker of the Federal District Court for the Southern District of New York, which required affirmative action for equal employment opportunity by apprenticeship training in enforcing Presidential EO 11246, a class action brought by Albert Percy, Class Representative for the Percy Class. My role was to provide technical research on apprenticeship needed to implement the award by Judge Lasker. 23. In 1979, I was recruited as a junior attorney by Judge Walter F. Bliss, retired Judge of the Third Department Appellate Division New York State Supreme Court, the designated appellate court considered expert on Workers’ Compensation issues. In 1981, after the conclusion of the Percy v. Brennan Case 73-cv-04279, an adverse decision was issued by the Appellate Division Fourth Department of the New York State Supreme Court in a case brought by the New York State Department of Labor against Lancaster Development, Inc., Madden Construction, Inc., and Eastern Rock Products, Inc. The Lancaster decision, Lancaster Development, Inc. v. Ross 82 A.D.2d 1013, identified the need for a framework to provide employee benefits, including apprenticeship, to meet supplemental wage benefit requirements in 6

compliance with the New York State Labor Law §220 and the federal Davis- Bacon Act 40 USC §§276a to 276a-5. We undertook to develop a plan to fit the framework required of Percy v. Brennan. 24. With my knowledge of trade skills, I developed OJT apprenticeship to meet the affirmative action demands of case of Percy v. Brennan within the framework of the Federal Davis Bacon Act of 1931, the Apprenticeship Act of 1937, and New York State Labor Law. 25. This became the Percy Program (paragraphs 241 – 274, paragraphs 275 – 276, and paragraph 275 – 280 of this Complaint) providing benefit programs in compliance with the US Davis-Bacon Act (40 USC §§276a to 276a-5) and Article 8 of the New York State Labor Law, providing 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. 26. I continued on a career path which began with OJT apprenticeship, advancing to a career where I founded Percy Jobs to Careers, creating a pathway for anyone to advance, which includes rewarding skilled trades, advancement to business ownership and beyond, an individual’s choice. 27. My career path was as a junior attorney with skills in the crafts and professional engineering, developing OJT apprenticeship to meet the demands of affirmative action of the case of Percy v. Brennan, eventually becoming Percy Jobs to Careers Apprenticeship Training 501(c)(3) nonprofit entity and the entities and facilities described as the Percy Program. 28. For 40 years I have been involved with Apprenticeship under the National Apprenticeship Act of 1937. Apprenticeship under the National Apprenticeship Act of 1937 can occur by three methods: (1) through a joint apprenticeship labor-management counsel involving unions, (2) by sponsorship by an employer, or (3) by sponsorship by a trade association. 29. I have developed Apprenticeship for various occupations through a trade association 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 which included apprenticeship was 7

Tag-along Lawsuits against Putative Class Defendant Members: Decision Appealed, Response and Complaint