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 38 of 64 PageID #: 2770 evaluator evidencing confidence in the craft professional’s skill, knowledge, and desire for continuous professional development and craft training for improved productivity and safety and reduced absenteeism, turnover, commit to workforce development and stay current with industry practices. The performance verifications will identify employees to move into supervisory positions through skill assessment and training. The performance verifications will validate the skills supervisors have in regards to leadership, human relations, problem solving, quality control, estimating, planning, scheduling, resource control, communication, construction documents and safety. The assessment will evaluate, improve and align the assessment and set a clear path for advancement and shall: Assist in the development and implementation of a program-wide Safety Training Program to train owner, Consultants and Contractor personnel as needed; i.e., OSHA 10-Hour Course, First Aid/CPR, Confined Space Entry (CSE), and other specific training as required in the construction safety orders maintaining documentation for these activities. Conduct monthly Safety Meetings. Review trends, work procedures, new and revised OSHA regulations, and job safety analysis. Conduct a pre-work safety orientation for Contractors’ project supervisors and foremen. Review site-specific hazards, requirements and the identification and correction of hazards. 36 | P age

Case 1:20-cv-06131-CLP Document 22-21 Filed 03/14/21 Page 39 of 64 PageID #: 2771 COVERAGES Workers Compensation and Employers Liability Workers Compensation in New York is a profitable market due to actuarially established rate structures required by the New York Compensation Insurance Rating Board (NYCIRB). Pricing of Workers Compensation New York is considered a "prior approval" state in terms of workers compensation rate regulation. Manual rates, which include a provision for expenses and profit, are developed by NYCIRB. These rates must be approved by the New York Insurance Department prior to their usage by the member companies of NYCIRB. Premium for this workers’ compensation coverage is determined by manuals of rules, rates, rating plans and classifications of the New York Compensation Insurance Rating Board (NYCIRB). rate and premium basis for specified work classifications. The classifications will be assigned based on an estimate of the exposures during the policy period. Premium for each work classification is determined by multiplying a rate times a premium basis being remuneration paid to workers. This premium base includes payroll and all other remuneration paid or payable during the policy period for the services of: (1) all officers and employees engaged in work; and (2) all other persons engaged in work that could make the Owner and contractors liable under Part One (Workers Compensation Insurance). The estimated premium is be computed in accordance with the following: Estimated workers compensation payroll remuneration, the payroll, is to be based on a percentage of the construction value with payroll allocated amongst the respective worker’s compensation class codes applicable to the work. Manual Premium is then calculated by multiplying the payroll by the manual rates as issued by NYCIRB. An experience modification factor is applied based on the insureds loss history. This either reduces or increases the manual premium to the calculated total modified premium. Contractor Classification premium adjustment program shall also apply in that the total. modified premium less contractor premium adjustments or scheduled credits will be applied to calculate standard premium. A premium discount shall be applied based on amount of standard premium calculated. Expense constant, terrorism and natural disasters and catastrophic accidents shall be added to standard Premium to compute the total estimated annual premium for each policyholder. New York State Assessment shall be added and calculated by multiplying a yearly percentage by standard premium. 37 | Page

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