California now has 20 different statutes that authorize a public entity to require a contractor to use a skilled and trained workforce to complete a contract or project and require that the commitment to use a skilled and trained workforce be made in an enforceable agreement. Most of these statutes refer to the definition of a skilled and trained workforce contained in Public Contract Code section 2601.
Under Public Contract Code section 2601 a “skilled and trained workforce” means employing skilled journeypersons and indentured apprentices on the Project. Skilled Journeypersons include graduates of a state-approved Apprenticeship Program and employees with as many hours of on-the-job experience that is required to graduate from the Program, provided that a certain percentage of the Skilled Journeypersons must be graduates of the applicable state-approved Apprenticeship Program.
Normally, the law requires at least 60% of the Skilled Journeypersons to be graduates of an Apprenticeship Program (with some exceptions for certain crafts). However, because the Plaster Tenders Apprenticeship Program was approved after 1995, Public Contract Code section 2601(d) (3) allows one-half of this percentage to be satisfied by Skilled Journeypersons who started work as a plaster tender before the Chief’s approval on the Apprenticeship Program on May 24, 2001.
Employers must comply with the skilled and trained workforce requirements and make monthly reports showing their compliance, under the threat of awarding agencies withholding 150% of its monthly payment under Public Contract Code section 2602 and other enforcement procedures by the DLSE under Public Contract Code section 2603.
How To Sponsor A Journeyperson
To help meet the skilled and trained workforce requirements, Union and Management members of the
PLASTER TENDERS JOINT APPRENTICESHIP COMMITTEE have established a procedure where Employers can sponsor Journeypersons into the Plaster Tenders Apprenticeship Program.
Under this procedure, Journeypersons who are registered as Apprentices with the Plaster Tenders Apprenticeship Program will be given credit for past experience and training, and may be able to graduate from the program in six months.
In addition, the Union and the Contractors have agreed that while the Journeyperson is in the Apprenticeship Program for this short time, the Employer will continue to pay the Journeyperson wage and fringe benefit rates.
Note to Contractors:
The Plaster Tenders Apprenticeship Program will provide the contractors with the required forms (enrollment application, State Indenture Form and Federal Indenture Form) to request enrollment of its Journeypersons in the
Plaster Tenders Apprenticeship Program. The Plaster Tenders Apprenticeship Program and/or Local Union staff will be in communication with contractors regarding required paperwork, review/ approvals and course scheduling.
To sponsor Journeypersons with 10,000 hours (or more) of plaster tending industry experience that does not have a graduation certificate from the Plaster Tenders Apprenticeship Program, please complete the following:
- Request to indenture form – Download the PDF form from our website -information below
- Sponsorship Letter from Sponsoring Contractor (our program will provide a sample sponsor letter)
- Enrollment application (our program will provide this form)
- State Indenture Form (our program will provide this form)
- Federal Indenture Form (our program will provide this form)
- During the six months, the journeyperson will need to complete the following: First Aid/CPR,. OSHA-30, Forklift ABL; and Scaffold Builder.
To sponsor Journeypersons with less than 10,000 hours but at least 4000plaster tending industry experience that does not have a graduation certificate from the Plaster Tenders Apprenticeship Program, please complete the following:
- Request to indenture form – Download the PDF form from our website -information below
- Sponsorship Letter from Sponsoring Contractor (our program will provide a sample sponsor letter)
- Enrollment application (our program will provide this form)
- State Indenture Form (our program will provide this form)
- Report of total hours if not verifiable by PSWA
- Federal Indenture Form (our program will provide this form)
- Journeyperson hours and training will be reviewed by the subcommittee. If approved, our Program will indenture/register the Journeyperson with the Division of Apprenticeship Standards and the Department of Labor.
- During the six months, the journeyperson will need to complete the following: First Aid/CPR,. OSHA-30, Forklift ABL; and Scaffold Builder.