BILL ANALYSIS                                                                                                                                                                                                    





          SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS
                             Senator Tony Mendoza, Chair
                                2015 - 2016  Regular 

          Bill No:               AB 2288      Hearing Date:    June 8,  
          2016
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          |Author:    |Burke                                                |
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          |Version:   |February 18, 2016                                    |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Alma Perez-Schwab                                    |
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            Subject:  Apprenticeship programs:  building and construction  
                                       trades


          KEY ISSUES
          
          Should the Legislature require that state programs and services  
          funded by federal workforce development money include outreach  
          and retention plans to increase the percentage of women in the  
          building and construction trades? 

          Should the Legislature require that the state ensure that  
          pre-apprenticeship training in the building and construction  
          trades follows a specific curriculum developed by the Department  
          of Education? 


          ANALYSIS
          
           Existing law:
           
             1)   Establishes the California Workforce Development Board  
               (State Board) with the responsibility of assisting the  
               Governor in the development, oversight, and continuous  
               improvement of California's workforce investment system.  
               (Unemployment Insurance Code 14000 et al)








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             2)   Requires that the State Board and each local workforce  
               development board ensure that programs and services funded  
               by the federal Workforce Innovation and Opportunity Act of  
               2014 (WIOA) and directed to apprenticeable occupations are  
               conducted in coordination with apprenticeship programs  
               approved by the Division of Apprenticeship Standards, as  
               specified. (Unemployment Insurance Code 14230)


             3)   Requires the State Board and each local workforce  
               development board to develop a policy of fostering  
               collaboration between community colleges and approved  
               apprenticeship programs in the geographic area.


           
          This Bill  enacts additional provisions related to  
          pre-apprenticeship programs in the building and construction  
          trades.  Specifically, this bill:  

             1)   Requires the California Workforce Development Board and  
               each local board to ensure, to the maximum extent feasible,  
               that programs and services funded by WIOA and directed to  
               apprenticeable occupations in the building and construction  
               trades, including pre-apprenticeship training, include  
               outreach and retention plans to increase the percentage of  
               women in the building and construction trades.


             2)   Requires the State Board and each local board to also  
               ensure, to the maximum extent feasible, that  
               pre-apprenticeship training in the building and  
               construction trades follows the Multi-Craft Core Curriculum  
               developed by the Department of Education for its pilot  
               project with California Partnership Academies. 



          COMMENTS
          
          1.  Background on Apprenticeship and Pre-apprenticeship Programs: 

            The Division of Apprenticeship Standards (DAS), within the  







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            Department of Industrial Relations, administers the state's  
            apprenticeship laws and enforces apprenticeship standards for  
            wages, hours, working conditions and the specific skills  
            required for state certification as a journey person in an  
            apprenticeable occupation. In general, apprenticeship programs  
            provide instruction that combines a formal course of in-class  
            instruction with practical "on-the-job" training. 

            Pre-apprenticeship services and programs are designed to  
            prepare individuals to enter and succeed in registered  
            apprenticeship programs. These programs have a documented  
            partnership with at least one registered apprenticeship  
            program sponsor and together, they expand the participant's  
            career pathway opportunities with industry-based training  
            coupled with classroom instruction.

          2.  Women in the Trades and Need for this bill:

            Historically, a construction career has not been a traditional  
            choice for women when deciding what type of career to pursue  
            after high school, and exposure to different career options  
            like those in the building and construction trades can be  
            critical in opening the door to new choices and solid, living  
            wage jobs. According to the sponsor of this legislation, the  
            State Building and Construction Trades Council, recruiting  
            women into non-traditional careers like the construction  
            trades has been a full time effort. They note that the state  
            and its unions invest a great amount of time and resources  
            working on ways to encourage women to consider a career in  
            construction. The sponsors founded and have held the "Women in  
            the Building Trades Conference" for over 14 years attracting  
            over 1,000 women each year from all over the nation and other  
            countries. 

            According to the DAS 2014 annual report, California continues  
            to lead the nation with 53,366 apprentices registered in over  
            540 programs recognized by DAS. Minorities numbered 30,365, or  
            56.9% of all apprentices. Active women apprentices numbered  
            2,852, or 5.3% of all active apprentices. The author and  
            sponsor believe this bill is necessary to help promote women  
            in the trades by requiring that programs and services funded  
            by the federal Workforce Innovation and Opportunity Act of  
            2014 and directed to apprenticeable occupations in the  
            building and construction trades include plans to increase the  
            percentage of women in those trades.







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          3.  Multi-Core Craft Curriculum and Need for this bill:

            According to information provided by the sponsor, the  
            Multi-Craft Core Curriculum (MC3) was developed in 2007 by the  
            leaders of National Building Trades to identify common  
            elements in all building and construction trades'  
            apprenticeship programs and combine them into one curriculum  
            encompassing 120 hours of training.  Among other things, the  
            curriculum includes general orientation to apprenticeships,  
            cardiopulmonary resuscitation and first aid, an Occupational  
            Safety and Health Administration 10-hour certification course,  
            mathematics, and the history of the construction industry and  
            the heritage of the American worker. It also exposes students  
            to the tools of the various trades, the safe handling of those  
            tools, the structure of the construction industry, the  
            construction process, and an orientation to apprenticeship  
            itself.

            Currently, as part of State Superintendent of Public  
            Instruction Tom Torlakson's Career Readiness Campaign, nine  
            California Partnership Academy high schools from across the  
            state have implemented this curriculum to ensure students are  
            engaged in their educational experience and to prepare them  
            for a successful career outside of the classroom.  An August  
            2014 press release from the California Department of Education  
            states:

               "Staff from the California Department of Education worked  
               with members of the California Labor Federation, North  
               America's Building Trades Unions, and the State Building &  
               Construction Trades Council of California to create the MC3  
               program in California Partnership Academies (CPA). A CPA is  
               three-year high school program structured as a  
               school-within-a-school. Academies integrate academic and  
               career technical education, business partnerships,  
               mentoring, and internships designed to give students  
               hands-on learning experiences. CPAs serve students at risk  
               of dropping out, whose schools rank below average on the  
               state's Academic Performance Index. The successful program  
               has resulted in a 95 percent graduation rate among CPA  
               students.

               Nine career technical education teachers in the pilot  







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               project CPAs have received training from their partner  
               industry professionals and earned certifications to teach  
               the MC3 program. Teachers will now design lessons to assure  
               students are prepared for each succeeding step, ultimately  
               building up to a "capstone" course. The capstone course  
               prepares students for a pre-apprenticeship position in the  
               construction trade industries or for further training in  
               college or certification programs. 

               Students are recruited to participate in CPAs in ninth  
               grade and begin this coursework in tenth grade. In each  
               year, students will learn their regular rigorous  
               coursework, such as social studies, and English language  
               arts and mathematics aligned with the Common Core State  
               Standards and the Career Technical Education Model  
               Curriculum Standards, as well as a career technical  
               education course aligned with the MC3. The coursework will  
               be designed to help students understand the connection  
               between what they learn in school and what they will need  
               to know for careers. The coursework will also meet the  
               "A-G" requirements for entry into college. Successful  
               students will receive a Certificate of Completion from the  
               North America's Building Trades Unions, which is a national  
               industry certification. 

            The author and the sponsors argue that the MC3 curriculum  
            provides a gateway to postsecondary education and careers in  
            any of the building and construction trades from high school  
            or community college to joint industry registered  
            apprenticeships.  Therefore, this bill requires that the State  
            Board and each local board ensure that pre-apprenticeship  
            training in the building and construction trades use the MC3.
          4.  Proponent Arguments  :
            
            Proponents argue that this bill will expand on current efforts  
            to support women in the trades by requiring that  
            pre-apprenticeship programs funded by WIOA dollars create a  
            plan for outreach, recruitment and retention of women seeking  
            a career in the building trades. In addition, because  
            pre-apprenticeship is a useful tool to prepare prospective  
            workers for an apprenticeship program, this bill creates  
            uniform rules for success in pre-apprenticeship training. They  
            argue that the two parts of this bill each in different ways  
            help ensure that the building and construction trades are as  
            representative of society as possible.







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          5.  Opponent Arguments  :

            Opposition to this measure stems from the inclusion of the  
            provision requiring the use of the MC3 curriculum which, they  
            argue, essentially mandates that all apprenticeship programs  
            use a very outdated union created curriculum for  
            pre-apprenticeship purposes, and one that can only be  
            delivered by a local Building Trades Council. They argue that  
            there are other pre-apprentice training programs and other  
            nationally recognized standards that need to be given equal  
            treatment as basis for program curricula. 

            According to ABC, the federal Department of Labor has approved  
            curricula currently used by the national pre apprenticeship  
            program, YouthBuild, which includes the AFLCIO Building  
            Construction Trades Multi-Craft Core Curriculum, the Home  
            Builders Institute's (HBI) PACT curriculum, and the National  
            Center for Construction Education and Research (NCCER)  
            curriculum. They argue that all programs are able to choose  
            from one of these curriculums and they believe that California  
            should mirror this approach and not exclude opportunities for  
            youth looking for a good career in construction trades by  
            using only one union-centric based curriculum.


          SUPPORT
          
          State Building and Construction Trades Council, AFL-CIO  
          (Sponsor)
          Alliance of Californians for Community Empowerment
          American Association of University Women
          California Asset Building Coalition
          California Child Care Resource and Referral Network
          California Domestic Workers Coalition
          California Employment Lawyers Association
          California Latinas for Reproductive Justice
          California Partnership
          California State Association of Electrical Workers
          California State Pipe Trades Council
          California Women's Law Center
          California Work and Family Coalition
          Child Care Law Center
          Courage Campaign
          Equal Rights Advocates







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          International Union of Elevator Constructors
          Legal Aid Society Employment Law Center
          Mujeres Unidas y Activas
          National Council of Jewish Women
          Parent Voices
          Raising California Together
          The Center for Popular Democracy
          The Opportunity Institute
          The Women's Foundation of California
          Tradeswomen, Inc.
          Voices for Progress
          Western Center on Law and Poverty
          Western States Council of Sheet Metal Workers
          9 to 5 California
          

          OPPOSITION
          
          Air Conditioning Trade Association  
          American Fire Sprinkler Association 
          Associated Builders and Contractors - San Diego Chapter  
          Associated Builders and Contractors of California 
          Plumbing-Heating-Cooling Contractors Association of California
          Western Electrical Contractors Association  


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