Percy Action

46. A Report of

46. A Report of Examination of Oriska Insurance Company of June 15, 2012 (the “Report”) issued from DFS again alleged that Oriska was insolvent. 47. The issue of trustworthiness of management of Oriska, as raised at page 12 of the Report, was resolved and settled by the Stipulation and Judgment as set forth on at page 3 of the transcript that there was “no dishonesty or untrustworthiness” on the part of management of Oriska. 48. The Stipulation of accord and settlement on the record before the Court by the State and Oriska, is based on the Percy Program and is enforceable under CPLR 2104. 49. The Percy Program as an Alternative Employment Practice under the Civil Rights Act was developed specifically to address EO 11246, and it is intact and viable. Nevertheless, neither Percy nor other members of the Percy Class received or are receiving the relief contemplated by Judge Lasker in his decision of November 4, 1974. It is irrational and illogical to just assume that a business which is owned by a minority will, when awarded contracts as a goal, will then out of the goodness of their heart hire their ilk. No, even they want to hire skilled workers able to make their businesses profitable. Hiring is because of a person’s skills and capability, not because of the color of a person's skin or their ethnicity. 50. Technicians must be able to use the tools necessary in order to yield the best results in relation to the skilled crafts. This can only happen by having the best trained craftsman with specialized skills, training and experience in the industry. Specialized personnel, required to work in extreme and often isolated work conditions and locations must maintain safety and responsibility under harsh conditions and must be able to use material, equipment and innovation in planning and organizing. Trained personnel, materials and equipment are necessary to maintain facilities relied on by the general public for basic everyday needs of clean water, sewage treatment and electrical power distribution. Trained personnel must be knowledgeable in safely using structural materials to deliver those utilities by pipe, conduit, component parts, pumps, controls, belts, and knowledgeable in the mechanics of materials and methods utilizing pressurized systems and pneumatic tools, exposed to blood borne pathogens and virulent viruses now of great concern. 12

51. There are a wide variety of specialized jobs in many diverse industries requiring highly skilled employees, dependent on the ability of members of a team to properly produce results with a qualified team of technicians, mechanics, and engineers. 52. Working on a team under special circumstances alongside an experienced journeyman, an apprentice finds out what it takes to get the job done and move up in rank to more sophisticated and higher-paying jobs, possibly eventually becoming supervisors, owners of businesses or industry leaders as a result of their valued experience. 53. Everyone starts out at the bottom of the ladder in a scale of pay commensurate with entry level positions, experiencing all the duties and responsibilities beginning with the basics of cleaning up and setting up for work processes. There are long work hours and the work is generally hard but the pay is good starting out. Then, with the proper training, promotion to higher-paying and more responsible positions, which occurred for me in a relatively short period of time. 54. Mechanical tasks are needed to take care of equipment and facilities, checking for faults and leaks in pipes and fittings, using manual wrenches, compressed air tools and installing, starting up, repairing and maintaining pump and engine parts that are needed to service the utilities which the public relies upon, but take for granted. All of the jobs work as teams or with experienced craft persons. Even an entry-level worker must have good knowledge of mechanical systems, be skilled at working with hand and power tools, as well as able to repair any tool that breaks. Training in safety protocols and emergency procedures is an absolute must. Knowing how all equipment and systems work and the importance of knowing production methods is essential, along with the ability to check and maintain systems and machinery daily, while on the job, for upkeep and maintenance. 55. Many jobs depend on the way that teams are set up under the supervision of a skilled journeyperson, manager or tool-pusher. Responsibilities include getting the work done safely, efficiently and within regulations set down by government and company authorities. The work requires excellent organizational skills, communication and listening skills to be capable of working quickly with an eye for detail. A worker who is new to a worksite 13