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.

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3 years ago

Percy Action

Case 73-cv-04279 settled

Case 73-cv-04279 settled by agreement to accept Defendant New York State’s offer of Executive Order 45 (9 NYCRR 3.45) (EO 45”). 97. The Second Circuit Court of Appeals in Appeal 17-2273 established that Percy v. Brennan Case 73-cv-04279 in the United States District Court for the Southern District of New York, is final[ 10 ]. Here, Case 73-cv-04279 is now relied on for certifying the Percy Class, thereby determining the issue of standing and enforceability of EO 11426 and regulations and laws in relation thereto in favor of the Percy Class against the Defendants by collateral estoppel. 98. A prior proceeding when seeking to continue Percy v. Brennan in Federal District Court for the Southern District of New York, was made to the Federal Multi-District Panel. That process was interrupted as a result of a ruling by District Court Judge McMahon that Case 73-cv-04279 was no longer a case and controversy having been closed, and she instructed “There will be NO REOPENING of this case. If the plaintiffs or any party wishes to file a new case, go right ahead.” docket #15 of 73-cv-04279. The Second Circuit Court of Appeals in Appeal 17-2273 affirmed that Percy v. Brennan Case 73-cv-04279, is final[ 11 ]. 99. Tabulated and scheduled in tag-along actions are 13, 000 apprentice positions that should have been provided by the Employers totaling lost wages and benefits over billion in and about the five New York City Counties since 2017. This Action begins with the five Counties of the City of New York, as the origin of this Class Action which began with Percy v. Brennan. [ 10 ] The United States Second Circuit Court of Appeals in Appeal 17-2273 at docket #95 granted Appellants motion accepting the appendices in an appeal exploring whether Case 73-cv-04279 had been finally determined. The Appeal was dismissed at docket #138 in appeal 17-2273, establishing that the Memorandum/Order and Order were final. Now the proper forum in which to enforce Memorandum/Order and Order and settlement is the state court as there is no case or controversy continuing federal jurisdiction. [ 11 ] The United States Second Circuit Court of Appeals in Appeal 17-2273 at docket #95 granted Appellant’s motion accepting the appendices in an appeal exploring whether Case 73-cv-04279 had been finally determined. The Appeal was 24

100. The Percy Program (XVI. THE PERCY PROGRAM, paragraphs 241 – 274, XVII. COMPONENTS OF PERCY PROGRAM paragraphs 275 – 276, XVIII. REGULATORY APPROVALS OF PERCY PROGRAM paragraph 277 – 280 of this Complaint), the Alternative Employment Practice, is delivered as a function of safety and training with workers’ compensation under the covered payroll. The Percy Program as an Alternative Employment Practice functions as an element of a workers’ compensation coverage. Registered apprenticeship in the Percy Program is a function of risk-management, safety training and loss control of workers’ compensation insurance. 101. All employment is required to be covered by workers' compensation. Along with the payment of benefits to cover injury and death while on-the-job as required in under New York Workers' Compensation Law §10, workers' compensation coverage which includes registered apprenticeship with riskmanagement, safety training and loss control. 102. Workers' compensation coverage delivers the Alternative Employment Practice by providing apprenticeship for new hires and continuing education for existing employees. The Alternative Employment Practice provides skills to educate workers to competently and safely perform work, protect themselves and people with whom they come into contact. Too long employees have struggled without being provided the skills necessary to protect themselves and the communities they serve, including the general public with whom they come in contact. 103. The Percy Program does not require public funding. Properly run, the apprenticeship part of the program is funded by savings in workers’ compensation costs resulting from safe work habits learned through registered apprenticeship, without extra cost to employers. This is accomplished by simply applying savings from reduced losses resulting from the Percy Program, and allocating those savings to pay for apprenticeship out of the premium paid for workers’ compensation coverage. 104. This Alternative Employment Practice meets the burden of production and persuasion, demonstrated as set forth at paragraphs 153 – 218 hereof. 25

Alternative Employment Practice Percy Program