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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Case

Case 1:20-cv-06131-CLP Document 22-21 Filed 03/14/21 Page 36 of 64 PageID #: 2768 34 | P age

Case 1:20-cv-06131-CLP Document 22-21 Filed 03/14/21 Page 37 of 64 PageID #: 2769 EMPLOYER ASSESSMENT The employer’s workforce development assessment will be an assessment that objectively measures a employer’s commitment to workforce development. The goal of the employer’s workforce development assessment is to make workforce development a key criterion in the prequalification and final selection of self-performing employer, construction manager and subcontractors. The employer’s workforce development assessment will sets workforce development benchmarks, Identify a employer's strengths and opportunities for improvement, enhance the ability of Owners to qualify employers, promote the safe and proper completion of projects on-time and on-budget. The work processes for each contract will be identified by the Administrator and the workers will be tested for competency on the skills necessary to build, install, startup, and maintain the facilities specified by the contracts. The employer’s workforce development assessment will evaluate and provide a qualitative metric that fairly, consistently, and objectively represent a employer’s commitment to workforce development. A employer’s workforce development assessment score will be composed of the total injury and illness rate; the days away, restricted, or transferred rate; and the experience modification rate of each employer, a employer’s workforce development assessment score. Participants will be taught administration, oversight, and organizational policies and procedures for the craft assessment and certification program. The administrator will be certified as a requirement to act as an administrator for accreditation assessment by the National Craft Assessment and Certification Program (NCACP) at a NCCER Accredited Assessment Center using NCCER Standardized Training and the national craft assessment and certification program, or equal. The Program will develop and have available a complete series of entry- and journey-level written assessments as part of the craft assessment and certification. These assessments will evaluate the knowledge of an individual in a specific craft area and provide a prescription for upgrade training when needed. Management assessments will assess and certify experienced foremen and supervisors by academic tests implementing accountability systems. The journey person himself must be assessed and qualified as a trainer in order to be eligible for the training emolument. Performance verifications will be designed to assess an individual's skill level on specific tasks. Performance verifications will require a participant to demonstrate their skill level in a controlled, observable, and measurable manner and must be administered by a qualified objective performance 35 | P age

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