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 Program - Alternative Employment Practice EDNY 20-cv-06131

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  • Percy
  • Workers
  • Compensation
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  • Apprenticeship
  • Osha
  • Assessment
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  • Employment
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Case

Case 1:20-cv-06131-CLP Document 22-21 Filed 03/14/21 Page 12 of 64 PageID #: 2744 The apprentice programs work under the delegation of authority by the Federal Bureau of Apprenticeship Training to the NYS Departments of Education and Labor. The programs are ideally suited to train and create jobs for disadvantaged and minority persons. The length of training varies from three to five years, depending on the occupation. The program works especially well in public works construction where the federal Davis-Bacon law and the NYS abor Law Article 8 keep wages in the skilled trades high, although the apprentice is paid a percentage of the journeyperson rate while in training. Apprentices are part of the workforce. Apprentices work under the guidance of more experienced craft workers called journeyperson. From them they learn the skills of the trade. As they master each skill, they become a more productive. Successful completion of all requirements results in award of a NYS Department of Labor Certificate recognized by the Federal Bureau of Apprenticeship Training verifying Journeyperson competency. Percy will provide a qualified, responsible and Vendex cleared contractor or teaming with a project manager to sponsor apprenticeship training, engineering, insurance, bonding, risk assessment workplace safety, and compliance, fostering new jobs and careers. (the Sponsoring Contractor) who will contract with the Owner to provide performing labor as apprentices and mentoring journey persons. Apprentices under this Program shall be paid a percentage of journeyman wage as set forth in the wage and benefit determination for the public work construction pursuant to section 220 of the New York State Labor Law and the federal. Davis–Bacon Act USC40 U.S.C. §§ 276a-276a-5, re-codified as 40 U.S.C. 3141-3148. An emolument shall be paid to journey persons who qualify, undertake, train and mentor the apprentices’ on the job training (OJT). The journey person himself must be assessed and qualified as a trainer as hereinafter set forth in order to be eligible for the training emolument. 10 | P age

Case 1:20-cv-06131-CLP Document 22-21 Filed 03/14/21 Page 13 of 64 PageID #: 2745 OSHA, WORKER ASSESSMENT and TRAINING All workers shall undergo a complete series of entry- and journey-level written assessments as part of an assessment program. These assessments must evaluate the knowledge of an individual in a specific craft area and provide a prescription for upgrade training when needed. All assessments shall be based upon curriculum developed in conjunction with subject matter experts from the industry. The assessment and certification must be in compliance with existing federal, state and local employment laws. Management assessments shall be administered for experienced foremen, supervisors and project managers of contractors with a series of academic tests for secondary career and technical education, which test and verify accountability of management of contractors Performance verifications shall be designed to assess an individual's skill level on specific tasks by knowledge verified by successful completion of the written assessment. Performance verifications shall require successful completion of practical performance of a particular craft by a participant to demonstrating their skill level in a controlled, observable, and measurable manner and shall be administered by a qualified objective performance evaluator certified by National Center for Construction Education and Research (NCCER) or equal, using evaluator reference sheets for each covered task, as well as any necessary drawings and forms. After successful completion of a written assessment or performance verification, an individual’s qualifications shall be tracked. These industry credentials shall confirm the craft professional’s skill, knowledge, and desire for continuous professional development. The Assessment shall provide the craft professional with industry-recognized credentials to help build upon their individual career. Using policies and procedures established by the NCCER for the National Craft Assessment and Certification Program (NCACP), or equal, the NCCER certified proctors designated by the Administrator shall assess and certify the capabilities of workers under a certified NCACP administering the delivery of the NCACP The Assessment Endorsement process of the Administrator must: Have at least one certified Practical Examiner for each trade. Have required space to conduct practical examinations for the assessment. Have required equipment to conduct practical examinations for the assessment. This Program shall include OSHA Certification Training providing health and safety certification programs to reduce occupational errors and promote protective measures on the jobsite. Training is 11 | P age

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