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?

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Percy Action

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skin or ethnicity. This Alternative Employment Practice was proposed by the Percy Class to the Defendant Government Agencies, paragraphs 172 – 181 of this Complaint. 37. Such apprenticeship includes on-the-job (“OJT”) training working alongside an experienced craft person who is able and willing to transfer their know-how to inexperienced, although enthusiastic apprentices as the apprentice learns by doing the tasks of the craft. An acceptable apprenticeship program is vigorous and comprehensive and takes many years for an apprentice to fulfill the requirements as established by Defendants EUGENE SCALIA, Secretary of Labor, THE UNITED STATES DEPARTMENT OF LABOR through its US Bureau of Apprenticeship Training, ROBERTA REARDON, Commissioner, NEW YORK STATE DEPARTMENT OF LABOR, NEW YORK STATE DEPARTMENT OF LABOR, as delegated to the New York State Department of Labor. 38. I received a designation as an Associate in Fidelity & Surety Bonding by the Chartered Property and Casualty Insurance Underwriters Society. I also was a confidential law clerk to New York State Supreme Court Justice John R. Tenney, sat as Village Justice for the Village of Oriskany, NY, sat as acting City Court Judge in the City of Utica, NY, and was on the panel of arbitrators of the American Arbitration Association. 39. I have been a certified risk control and return-to-work specialist under New York State Department of Labor Industrial Code Rule 59 & 60 since 1997. I analyzed risk exposure for employer business operations, reporting, and recommending methods to reduce exposure with follow-up verifying implementation. 40. In 1999, I was appointed by the Commissioner of the New York State Department of Labor to the Apprenticeship Training Task Force to establish guidelines for classroom instruction in the skilled trades, representing disadvantaged persons in relation to apprenticeship and bonding. 41. I was appointed by former US Secretary of Labor Alexis M. Herman as a member of ERISA §3(40) Negotiated Rulemaking Advisory Committee, for the first rulemaking undertaken by the United States Department of Labor Pension & Welfare Benefits Administration. I was awarded a commendation 10

y Secretary of Labor Herman in April 2000 for my two years of voluntary pro bono work on the Rulemaking Committee, which ultimately resulted in the publication of the ERISA §3(40) Rule. 42. As early as 1994, through the specialized, flexible multi-line property and casualty company, Oriska Insurance Company, I initiated a successful bonding program guaranteed by the US Department of Transportation and the US Small Business Administration which ran from 1998 through 2002 for independent entrepreneurs, minorities, women, and small and disadvantaged business enterprises. 43. A Judgment (“Judgment”) of December 14, 2007 of the New York State Supreme Court Oneida County against the State of New York in favor of Oriska, in case CA2006-001542 based upon a Stipulation (“Stipulation”) in open court of December 10, 2007, provides relief to the Percy Class. 44. The litigation involving State agency New York Department of Financial Services ("DFS") and Oriska resulted in a settlement on December 14, 2007 before the Hon. Robert Julian where it was stipulated in open Court, pursuant to CPLR §2104, that the dispute between Oriska and the DFS was a matter of statutory accounting and that Oriska’s accounting was acceptable and the Department agreed not to pursue any further actions or proceedings against Oriska based upon an alleged insolvency. Most important is that Judge Julian found (and the State agreed and stipulated on the record) that “the superintendent has not determined and has not alleged that the current management of Oriska in untrustworthy or dishonest.” The Action for Receivership of Oriska was dismissed with prejudice. 45. The State is bound by the Stipulation establishing credit to be allowed Oriska in accordance with Regulation 11 NYCRR 176 which adopted the Statement of Statutory Accounting Principles (“SSAPs”) into law in New York and in particular SSAP 65 paragraphs 34-39. The multiple-coordinated policies under the Percy Program as set forth in the 1994 Approval by the DFS, updated at the time of the Stipulation and Judgment to the 2007 approval by the DFS of Endorsement WC990602(11/07)NY referenced in the Stipulation, is binding on the State under the Stipulation. 11

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