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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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 58 of 64 PageID #: 2790 56 | P age

Case 1:20-cv-06131-CLP Document 22-21 Filed 03/14/21 Page 59 of 64 PageID #: 2791 CORPORATE HISTORY and STRUCTURE History of the Percy Program The Percy Program was developed as a plan to fit the framework required of Percy v. Brennan Case 73-cv-04279 and a decision issued by the Appellate Division Fourth Department of the New York State Supreme Court in a case brought by the New York State Department of Labor against Lancaster Development, Inc., Madden Construction, Inc., and Eastern Rock Products, Inc. The Lancaster decision, Lancaster Development, Inc. v. Ross 82 A.D.2d 1013, identified the need for a framework to provide employee benefits, including apprenticeship, to meet supplemental wage benefit requirements in compliance with the New York State Labor Law §220 and the federal Davis-Bacon Act 40 USC §§276a to 276a-5. The Percy Program was developed to address the Percy vs Brennan decision and the adverse Lancaster decision and to provide affirmative action that would benefit employees on public work projects. The Program was submitted for approval to the Defendant United States Department of Labor. By a letter of direction of June 14, 1984, the United States Department of Labor, Employment Standards Administration Wage and Hour Division advised that the provisions of the Program and their accompanying trust and adoption agreements were reviewed, and it was the opinion of the United States Department of Labor that they qualified as “bona fide” fringe benefit plans within the meaning of the Davis-Bacon Act and the applicable regulations of 29 CFR Part 5. That craft apprenticeship for workers training to attain journeyman status was allowed to be offset against the fringe benefit requirements only if the US Bureau of Apprenticeship and Training (BAT) or the appropriate State apprenticeship council recognized by BAT has approved the apprenticeship program. On January 25, 1991, Oriska Corporation obtained approval as an apprenticeship sponsor under regulation [part 601] and Article 23 of the New York State Labor Law, qualified under the 1937 National Apprenticeship Act section 1 (29 U.S.C. 50) under U.S. Department of Labor's Bureau of Apprenticeship and Training (BAT) and C.F.R.T. 29, Subt. A, Pt. 29 and Pt. 30. (the Fitzgerald Act). Registration of the Percy Apprenticeship Program under the regulation 12 N.Y.C.R.R. 601.8 that existed when the Oriska Corporation program was registered, remains in full force and effect In 1991 the apprenticeship programs begin to be utilized as an Alternative Employment Practice to be provided with workers' compensation insurance coverage as part of risk-management and loss control by the insurance carrier, incorporating apprenticeship training into the workers’ compensation insurance risk management, loss control and safety training of employees, by enrolling new entrants to the workforce to work alongside existing journeypersons, growing the depth of skilled workers, skilled workers whose ranks are being diminished through age and attrition. The workers' 57 | P age

Alternative Employment Practice Percy Program