Rules and Standards of the JATC of the Mason Tenders’ Training Fund
Governing Apprenticeship Program for Skilled Construction Craft Laborer
In order to remain a participant in, and ultimately graduate from the Mason Tenders’ Training Fund’s Apprenticeship Program for Skilled Construction Craft Laborer, you must complete a schedule of in-class training, and on the job work experience administered by the Joint Apprenticeship Training Committee (“JATC”) as part of this New York State approved program. By accepting you into the program, the JATC is making a substantial commitment to your training and development as a Skilled Construction Craft Laborer – you, in turn, must make a commitment to abide by the rules and standards of the JATC and complete the course of in-class instruction and on the job work experience established by the JATC. As an accepted apprentice you will be a eligible for apprentice membership in Construction and General Laborer’s Local 79, Laborers’ International Union of North America (“Local 79”), and will be eligible for elevation to journeymen membership only upon your graduation from the program. Please read the following rules and standards carefully, as your signature below obligates you to abide by them.
A. General Training Requirements
The New York State Department of Labor and the JATC mandate that you attend and receive in-class instruction as a condition of your participation in the registered apprenticeship program. Your in-class training program (related instruction) will commence on ______ . The State Department of Labor requires, among other things, that you complete 144 hours of in-class training prior to your elevation to third-year apprentice status, and 288 hours of such training in order to graduate. In addition, you must complete 344 hours of vestibule training, involving hands-on experience in a training setting.
Your in-class training must include the classes required by the JATC in its training curriculum (these classes count and, if completed, will satisfy the above referenced in-class hour requirement). The JATC may periodically update or modify the curriculum and will notify you of any such changes. Further, prior to being elevated to third-year apprentice status (and receiving the accompanying pay increase), you must complete the following specific training sessions:
The third and fourth year in-class curriculum will focus primarily on environmental abatement and heavy highway class work.
The apprenticeship program, including the schedule of in-class instruction and vestibule training should be completed in four years. Absent a showing of good cause, the required curriculum (as well as the course on-the-job work experience) must be completed within six years. Apprentices who fail to complete the curriculum in the time provided will be dismissed from the apprenticeship program unless, for good cause, the JATC grants the extension.
B. Training Session Rules and Attendance
Your participation in training session is mandatory. If you are registered for a class you must attend or provide the Training Fund at least 48 hours advance notice of your absence, with an acceptable explanation. In the case of a medical excuse, a doctor’s note may be required. You must contact Timothy Warrington at the Training Fund at (718) 383-6863. For night classes call between the hours of 4:00 P.M. to 4:30 P.M. For day classes call between the hours of 7:00 A.M. to 7:30 A.M. You are responsible for determining the cancellation of classes due to severe weather conditions, public emergencies, etc.
You will be allowed no more than three excused absences from class in each instructional year, (an instructional year being the year following the anniversary of your enrollment in the program). If you are marked as having one or more unexcused absences from training sessions, you may be suspended from the program. If unexcused absences continue, your apprenticeship may be terminated.
Each apprentice will receive a grade or percentile score on each class he or she takes. A final test on any part of the course curriculum may be given to measure the apprentice’s progress in relation to the objective of the course. Each apprentice must obtain satisfactory academic achievement in all areas of the course curriculum in order to advance.
A textbook, notebook, and pencil must be brought to each training session. Each apprentice is responsible for his/her own text. The JATC will provide each apprentice with the text for each course of study. Should the text be lost, damaged, or misplaced it is the sole responsibility of the apprentice to replace it at his/her expense.
You will not be permitted to leave any training area at any time without the written permission of the instructor. Any student leaving the training area without official permission shall be noted on the attendance records as absent without excuse and reported to the JATC.
All classroom and instructional areas shall be maintained in a clean, neat and orderly fashion before dismissal of classes. All apprentices will be assigned a particular housekeeping duty. All tools and materials must be accounted for at the end of each training session.
No abusive language, unsafe actions, horseplay, use of alcoholic beverages, possession or use of illegal drugs, or anything considered disruptive to the class environment will be tolerated. Any individual who in the opinion of the instructor has been using drugs or alcoholic beverages or acting in a disruptive manner shall be asked to leave the class and will be marked absent for the session. Repeat or extreme occurrences may result in an apprentice’s suspension and/or dismissal from the program depending on the severity of the conduct.
C. On The Job Work Experience
Graduation from the apprenticeship program and elevation to 2nd, 3rd and 4th year apprentice status also requires that you complete a schedule of on-the-job work experience. The schedule for elevation to successive stages of apprentice status is as follows:
Completion of 500 hours: end of probationary apprentice status*
Completion of 1000 hours: 2nd year status
Completion of 2000 hours: 3rd year status (completion of above stated training curriculum is also required to obtain 3rd year status and accompanying raise)
Completion of 3000 hours: 4th year status
Completion of 4000 hours: Graduation (also requires completion of all-in-class and vestibule training as well as skill specific work experience).
* Prior to completing the probationary period you are subject to removal from the program at the discretion of the JATC for failure to demonstrate adequate commitment, basic skills, or other characteristics deemed necessary to complete the required course of training and experience.
To graduate, you must also work on the job in a variety of skill areas within the jurisdiction of Local 79, such as mason tending, demolition work, fireproofing, and general construction. The JATC will periodically evaluate the variety of your work experience and apprise you of the need to obtain experience in other areas.
To facilitate the provision of skill-specific experience to apprentices, the JATC may from time to time require you to leave a given job involving a skill with respect to which you have received sufficient experience, in order to work in an area in which you have not obtained adequate experience. As noted below, your and other apprentices’ need for experience in various skill-specific area is also a factor in the Local 79 Hiring Hall’s referral of apprentices to jobs.
The JATC will continuously monitor and evaluate your performance on jobs. Poor performance may result in you not receiving work experience credit for work you performed. In addition, you may be suspended or ultimately dismissed from the program based on repeat poor performance, including but not limited to refusing work or quitting jobs, poor contractor evaluations, or other unacceptable conduct.
All requirements of the program must be completed within six years, unless on a showing of good cause, the JATC grants a longer period of time.
D. Referrals and Networking
You will be referred for on-the-job work experience pursuant to the Hiring Hall Rules of Local 79 which provide a separate list and certain special procedures applicable to apprentices.
The rules provide, among other things, that you may from time to time be passed over for referral to a job in which you have obtained the required work-experience in favor of an apprentice who needs experience in the available skill-area.
You may also receive work-experience by “networking” with contractors. To do so, you must be on the apprentice out of work list and otherwise eligible for referral. Further, the contractor with which you seek to network must submit a written request to the Hiring Hall asking that you be referred to the job as an apprentice. Your presence on the job as an apprentice must also comply with applicable collective bargaining agreements and other rules, including the JATC’s requirements regarding the ratio of apprentices to journeypersons on the job.
You may not work as an apprentice with a Mason Tenders’ signatory contractor if you have been suspended or dismissed from this program.
E. Initiation Fees, Dues, and Attendance at Meetings
To remain an apprentice in good standing you must be initiated as an apprentice member in Local 79 and maintain such membership in good standing. Local 79’s initiation and dues requirements are attached hereto.
To remain in good standing in the program you should also attend at least four Local 79 general membership meetings a year.
F. Other Rules and Rights
The above rules and standards may be modified by the JATC from time to time. Your agreement to abide by these rules obligates you to abide by all modifications, notice of which will be provided. The rules are not intended to, and should not, be construed to waive any rights you may have under otherwise applicable law or contract.
Apprentice membership in Local 79 is subject to the proscriptions set forth in the LIUNA Uniform Local Union Constitution and related GEB Executive Board Resolutions regarding apprentice members. Copies are attached of certain resolutions regarding, among other things, proscriptions on a person’s readmission to LIUNA after being dismissed from an apprenticeship program.
In the event you are notified that adverse action is to be taken against you pursuant to these rules and standards, you may obtain review of the matter before the JATC which will hold a hearing to determine whether the adverse action is warranted and consistent with these rules and standards.