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PRESS RELEASE

Daily Pacific Builder

“UNIONS 2003” EDITION

Employment Of Apprentices On California’s Public Works Projects

By Michael Kurey, Building Industry Stabilization Program

July 29, 2003

With few exceptions, contractors and subcontractors have a statutory obligation to employ apprentices on public works projects in California. If the contract is valued at $30,000 or more, and the craft activity is classified as apprenticeable, specified rules must be followed or contractors and/or subcontractors may face harsh consequences.

To begin with, contractors must submit contract award information to an applicable apprenticeship program prior to their commencement of work. This task can be accomplished by completing a "PUBLIC WORKS CONTRACT AWARD INFORMATION" Form, DAS 140 which is provided by the Division of Apprenticeship Standards. The form is easily accessed through the Department of Industrial Relations (DIR) Website, www.dir.ca.gov/apprenticeship. Once the form is completed, the identity and mailing address of apprenticeship committees can be obtained by returning to the above website and referring to the "Apprenticeship program" link. A wealth of information about each program is available by merely entering the county where the project is located and the name of the craft.

A second step and perhaps the most important, is in the timing of the request for the dispatch of apprentices. Contractors are required to ultimately achieve a ratio of apprentices to journeypersons based on the total hours of the contract. The ratio must be in accordance with the established apprenticeship standards, but in no case shall the ratio be less than one h our of apprentice work for every five hours of journeyperson work. Here, the flexibility in making work assignments allows a contractor to increase or decrease apprentice hours during any part of the contract providing at least one journeyperson is employed on the project. Overtime hours may not be included in the calculation of ratios.

Other statutory requirements call for the timely payment of apprenticeship training contributions and the assurance that the work of apprentices falls within the scope of their craft.

Contractors that fail to meet the above requirements may face substantial penalty assessments and/or debarment.

In order to receive detailed information not included in this overview, contractors may [Refer to the above DIR website or] contact:

Department of Industrial Relations
Division of Apprenticeship Standards
455 Golden Gate Ave., 8th Floor
San Francisco, CA 94102
Telephone: (415) 703-4920

The Building Industry Stabilization Program was established by the Construction Employers’ Association (CEA), and the Carpenters and Laborer Unions to assist, enhance and monitor compliance with state and federal prevailing wage laws pertaining to the building industry in Northern California.

CEA representatives of the Building Industry Stabilization Program are:

• Larry Nibbi, BISP co-chair and president of Nibbi Bros.
• Tim Marsh, president, Harris Construction Co., Inc.
• Russ Staines, president, W.A. Thomas Co., Inc.
• Michael Walton, secretary, Construction Employers’ Association

Carpenters Union representatives are:

• Robert Alvarado, executive officer, Northern California Carpenters Regional Council
• Bill Feyling, executive director, Carpenters 46 Northern California Counties Conference Board

Laborers Union representatives are:

• Jose Moreno, BISP chairman and business manager, Northern California District Council of Laborers
• Jim Homer, business manager, Laborers Local No. 270