Training and Education Funds

EBIS Search Results

Attention JATCs: It's Not 2007 Anymore!
Gaal, John S.; Benefits Magazine; v49 no1 pp 30-36 Jan 2012; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Labor statistics indicate significant changes since 2007, so jointly managed apprentice and training committees (JATCs) must adapt. The Employee Benefits Security Administration has stepped up auditing activity to ensure that apprenticeship and training program funds are being used effectively. JACTs should proactively examine their programs, participants and other stakeholders and results, identifying strengths and weaknesses, opportunities and threats, as a comprehensive and data-fueled analysis. They should track indicators tied to success, such as metrics reflecting recruitment, retention, suspensions, graduation, diversity and per student costs, benchmark against other programs regionally and nationally and use data as the basis for improvements and strategic planning.
[0161349]

Link To Full Article
Multiemployer Plans: Attorney Lays Out What to Expect if Apprenticeship Fund Is Audited by DOL.
Ricaurte-Knebel, Kristen; BNA's Pension & Benefits Reporter; v38 p 2038 Nov 8, 2011; journal article

Availability :
Abstract : Robert M. Archer described his experiences with DOL audits of multiemployer apprenticeship and training programs to attendees of the International Foundation of Employee Benefit Plans' 2011 annual conference. The DOL starts an audit with a request or subpoena for plan documents. Plans' first response should be to contact an attorney, who should invite the auditor to examine documents at the attorney's office. Volunteering additional information should be avoided. In many cases, questions can be resolved during the investigation. If not, an interview, compliance letter and subsequent meetings with agents are arranged. If there is no issue of criminal activity, conciliatory behavior goes a long way to address questions.
[0161262]
FAQs on Multiemployer Plan Leasing Arrangements.
4 pp Jan 2011; misc. publication

Availability :
Abstract : Provisions under ERISA Section 406 pertain to the use of office space that is an asset of a multiemployer plan. ERISA prohibits the sale, exchange or leasing of any property between the plan and a party in interest. Any self dealing or conflict of interest by plan trustees is a prohibited transaction. Plan fiduciaries may not exercise authority if their interests would interfere with best judgment acting for the plan. ERISA provides limited exemptions for otherwise prohibited transactions that benefit multiemployer plans. Leasing of classroom space is treated separately. Plan leasing arrangements must be written and formalized and involve reasonable compensation and equitable terms. Fiduciaries should seek guidance from the Employee Benefits Security Administration's Office of Exemption Determinations.
[0161112]
ERISA: ERISA Bars Parts of State Law Mandating Medical, Pension Plans, Apprentice Program.
Maresca, Meredith Z.; Daily Labor Report; no196 p A4 Oct 11, 2011; journal article

Availability :
Abstract : Certain provisions of the Fall River Responsible Employer Ordinance were ruled preempted by ERISA in Utility Contractors Association of New England v. Fall River. The law mandated that contractors seeking to work for the city provide a pension or annuity plan and hospital and medical benefits for workers. The U.S. District Court for the District of Massachusetts ruled the provisions pertain to employee benefit programs and are thus preempted. The law's requirement for an apprentice program operating at least three years was also ruled preempted and not saved under ERISA Section 514(d) either for any interaction with the Fitzgerald Act or for being a market participant performing a narrow or proprietary activity.
[0161130]
Helping Apprentices and Journeyworkers Become "Financially Fluent".
Staab, Andrew; Benefits Magazine; v48 no9 pp 26-30 Sep 2011; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : An important part of career development is becoming financially stable, and the fund trustees, coordinators and instructors in apprenticeship programs can help trainees toward this goal. Apprentices and journeyworkers at various life stages have different views on money, daily financial decisions and retirement, so it is important to understand each audience and make information relevant. Some effort should be made to learn how well each person understands his or her own current and future financial needs. Financial literacy education can be part of the training program or offered in conjunction, through benefit fairs and other events. Information can be found readily through local banks and financial institutions, government websites and other Internet resources. Pension fund representatives can follow up with specific knowledge about retirement fund participation.
[0160694]

Link To Full Article
ERISA: Federal Court Appoints Fiduciary to Manage Craftsman Union Benefit Plans.
Blair, Anne; Daily Labor Report; no127 p A4 Jul 1, 2011; journal article

Availability :
Abstract : The DOL's complaint about misuse of union training funds led to the replacement of eight fund trustees, the plan administrator and a lawyer with an independent fiduciary. In Solis v. Craftsman Independent Union the U.S. District Court for the Eastern District of Missouri found the defendants had spent about $470,000 for personal expenses, excessive legal fees and inappropriate cash transfers. The court ordered the defendants to pay back $175,000 to the benefit plan and $25,000 to the training plan, never to violate several sections of ERISA Title I in the future nor to interfere in any way with the replacement fiduciary, Receivership Management Inc. of Brentwood, Tennessee.
[0160541]
The Intricacies of Apprenticeship Training Fund Collections.
Sollars, Karen; Benefits Magazine; v48 no6 pp 34-39 Jun 2011; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : All employer sponsors of apprenticeship programs under the Taft-Hartley Act are responsible for contributing to training trust funds, and a fund's board of trustees must pursue delinquent contributions. Funds should communicate closely with participating employers to keep up with contribution history, financial status and local union involvement. Fiduciaries must monitor contributions and step in quickly if they fall behind schedule in order to protect the fund. If a lawsuit becomes necessary, apprenticeship training funds can piggyback with other benefits funds. If pursuing collections is not cost-effective, the DOL offers trustees the protection of a prohibited transaction exemption. Apprenticeship funds should have a trust agreement and written policies for collections, noting trustees' discretion and flexibility on payment agreements with cash-strapped employers.
[0160189]

Link To Full Article
Prevailing Wages: Delaware Rules on Apprentice Wages Violate Commerce Clause, Court Says.
Dube, Elliott T.; Daily Labor Report; no56 p A4 Mar 23, 2011; journal article

Availability :
Abstract : The Third Circuit Court of Appeals ruled in Tri-M Group LLC v. Sharp that Delaware regulations requiring out-of-state contractors to pay higher apprentice wage than in state contractors discriminates against interstate commerce. Rules implementing the Delaware Prevailing Wage Law require mechanics and laborers for certain public works projects in the state to either register their apprenticeship programs in the state, requiring a Delaware business license and a permanent business presence in the state, or pay apprentices the same wage as mechanics. The court found the rules did not serve any legitimate interest that could not be served without hindering interstate commerce and that, while federal law gives states the right to regulate apprenticeship programs, it does not give them the right to enact regulations that discriminate against interests in other states.
[0160030]
Apprenticeship and Training Funds.
73 pp 2011 5th ed.; book

Availability :
Abstract : Learn about the legal and fiduciary concerns for apprenticeship and training funds, how disability law affects funds, what every trustee and JATC member needs to know about employment law and trends in training and education. Contains 11 full-text articles, 17 article summaries and a list of Internet resources.
[0159237]
Prevailing Wages: Unconstitutional Bias Found in Delaware's Prevailing Wage Rule on Apprentice Pay.
McCarthy, Lorraine; Daily Labor Report; no75 p A5 Apr 21, 2010; journal article

Availability :
Abstract : The judge hearing Tri-M Group LLC v. Sharp for the District Court for the District of Delaware granted summary judgment for the plaintiff in a dispute over apprentice wages. Delaware's prevailing wage regulations required the employer of apprentices to have a substantial physical place of business in the state to qualify to employ apprentices, who can be paid at much lower rates than journeyman electricians. This creates a competitive disadvantage for out-of-state companies. The court observed the Delaware Labor Department carried on investigations to support its case based on documentation without needing to inspect a worksite or business location. The court also noted the likelihood of economic protectionism and discrimination against other states in violation of the commerce clause of the U.S. Constitution.
[0158259]
Apprenticeship and Training Funds.
69 pp 2010 4th ed.; book

Availability :
Abstract : Learn about the legal and fiduciary concerns for apprenticeship and training funds, how disability law affects funds, what every trustee and JATC member needs to know about employment law and trends in training and education. Contains 11 full-text articles, 30 article summaries and a list of Internet resources.
[0157296]
ERISA: Supreme Court Declines to Review Ruling Upholding State Apprenticeship Law.
Daily Labor Report; no54 p AA2 Mar 24, 2009; journal article

Availability :
Abstract : The Supreme Court chose not to review the Sixth Circuit Appeals Court's decision to allow enforcement of a law covering electricians' apprentices. The Michigan Electrical Administrative Act was amended in 1990 to include apprentice ratio and equivalency requirements, opposed by the plaintiff in Associated Builders & Contractors, Saginaw Valley Area Chapter v. Michigan Department of Labor & Economic Growth. The district court for Eastern Michigan issued an injunction against enforcement, citing ERISA preemption. The appeals court and Supreme Court found the requirements in the law were not exclusively controlled by ERISA and did not undermine ERISA's goal of national uniformity.
[0156116]
2009 Federal Budget Contains Several HR-Related Measures for Employers.
Genno, C. Ian; Pierlot, James; Canadian HR Reporter; v22 no4 p 23 Feb 23, 2009; journal article

Availability :
Abstract : The Canadian federal budget tabled on January 27, 2009 includes a number of measures of interest to employers. The budget proposes employment insurance (EI) changes to improve support for workers displaced by economic conditions, providing employers with opportunities for increased use of work sharing arrangements and keeping EI premiums stable through 2010. Several initiatives address labor force issues, including support for a common approach to recognition of foreign workers, apprenticeship completion grants and funding to help older workers find work in small communities. Proposals related to federally regulated defined benefit pension plans include an increase in the amount of smoothed asset values that can exceed market value and an accelerated pension consultation schedule. The budget also includes measures affecting tax assisted savings and proposals to promote electronic filing for information returns.
[0156063]
Apprenticeship and Training Funds.
87 pp 2009 3rd ed.; book

Availability :
Abstract : Provides information on the legal and fiduciary issues impacting apprenticeship and training funds. Contains 13 previously published articles, summaries of approximately 30 additional articles and a list of internet resources.
[0155099]
Apprenticeship Programs, Labor Standards for Registration, Amendment of Regulations: Final rule.
Federal Register; v73 no210 pp 64402-64434 Oct 29, 2008; journal article

Availability :
Abstract : The Department of Labor has issued a final rule on changes to regulations implementing the National Apprenticeship Act of 1937. The final rule includes a number of clarifications and additions to the definitions of existing regulations. A new section which provides for performance assessment of apprenticeship programs has been added. Additionally, the rule updates procedures for the registration of apprenticeship programs, criteria for apprenticeable occupations, requirements for apprenticeship agreements and procedures for deregistering and reregistering apprenticeship programs.
[0155210]
Construction: DOL Finalizes Modernization of Rule Governing National Apprenticeship Program.
Cherry, Sheila R.; Daily Labor Report; no209 p A11 Oct 29, 2008; journal article

Availability :
Abstract : The DOL is scheduled to issue a final rule on October 29, 2008 updating the National Apprenticeship System for the first time in over three decades. The final rule clarifies and makes more flexible the DOL's regulations under the National Apprenticeship Act of 1937. The rule, which will be effective December 29, 2008, is an update to a proposed rule published in the December 13, 2008 Federal Register. Addressed in the final rule are techniques and educational media, clarified rules for small apprenticeship programs and an extended implementation period for state programs.
[0155145]
ERISA: Sixth Circuit Lifts 1992 Injunction, Allows Michigan to Enforce Apprentice Law.
Meyer, Jo-el J.; Daily Labor Report; no180 p A1 Sep 17, 2008; journal article

Availability :
Abstract : Sixteen years after the federal court for Eastern Michigan ruled parts of the Michigan Electrical Administrative Act (MEAA) were preempted by ERISA, the Sixth Circuit Appeals Court reversed the injunction. The Michigan Department of Labor and Economic Growth objected to ERISA preemption of the ratio and equivalency requirements in the MEAA, the electrician apprentice law, and appealed the injunction. The appeals court viewed these elements to be remote from the concerns of ERISA as established by Congress. If ERISA were ruled to preempt the law on these elements, numerous state laws regulating a wide variety of issues tangentially related to ERISA could be preempted.
[0154894]
A Legal Evolution: The Influence of Genetics in the American Workplace.
Lorber, Lawrence Z.; Perdue, Abigail L.; HR Advisor: Legal & Practical Guidance; v14 no5 pp 12-18 Sep-Oct 2008; journal article

Availability :
Abstract : The Genetic Information Nondiscrimination Act of 2008 was designed to protect individuals from employment or insurance coverage discrimination based on their genetic profiles. Employers and insurers are prohibited from using genetic information in decisions related to employment, apprenticeships, and eligibility for insurance coverage. They are also prohibited from disclosing such information to third parties. These prohibitions do not apply to medical conditions that have already manifested, regardless of whether or not they have a genetic basis.
[0154965]
Career and Technical Education: Comparing China's Political, Rural and Economic Sectors.
Gaal, John S.; Benefits & Compensation Digest; v45 no7 pp 32-36 Jul 2008; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Interviews with educators at Chinese vocational schools in Beijing, Guiyang and Shanghai in 2007 revealed differences of potential significance for apprenticeships and other training programs. China strongly supports training skilled workers and internships as part of secondary education for boys and girls and ethnic minorities. The country provides free or low cost teacher education and textbooks. Instructors must possess content knowledge as well as strong language, mathematics and teaching skills. Technical programs must be as rigorous as academic programs while providing significant practical experience.
[0154260]

Link To Full Article
Running Your Training Fund Like a Business.
Beebe, Lawrence R.; Benefits & Compensation Digest; v45 no6 pp 36-41 Jun 2008; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : At the Trustees Institute for Jointly Managed Training and Education Funds, participants heard about how to run a training fund in a business like fashion. Some attendees were union training fund coordinators but having to take on the role of a fiduciary. The duties of a fiduciary place greater strictures on what a training fund coordinator can do, since they can only operate the training fund for the direct and exclusive benefit of the participants and beneficiaries. Training fund coordinators must pay close attention to cash handling procedures, investments, income sources, reporting requirements, unrelated business income tax, budgeting and recordkeeping and follow best business practices.
[0154091]

Link To Full Article
Hard Hats and Soft Skills: Making Return on Investment a Part of Value-Added Apprenticeship Outcomes.
Meers, Gary; Benefits & Compensation Digest; v45 no4 pp 24-28 Apr 2008; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The construction industry is typical of many being hit hard by a dwindling labor force. Enhanced apprenticeship programs may provide a solution. By integrating problem solving, leadership, communication, networking and time management skills, apprenticeship programs can expand their appeal to workers who want industry specific skills as well as broader knowledge to advance their careers. These skills add value to an apprenticeship and increase personal satisfaction and return on investment for the apprentice and sponsor. Programs add appeal by being flexible, incorporating e-learning, building in entrepreneurship, creating alliances, reaching out to parents and marketing to the community.
[0153692]

Link To Full Article
ERISA: Ambiguities Preclude Ruling on Liability of Employer for Differential Payments.
Daily Labor Report; no31 pp A4 Feb 15, 2008; journal article

Availability :
Abstract : In Roofers Local 149 Joint Apprenticeship Fund v. Ann Arbor Roofing Co., the U.S. District Court for the Eastern District of Michigan ruled that conflicting competition leveling clauses contained in two collective bargaining agreements (CBAs) could be interpreted differently, preventing a decision concerning Ann Arbor Roofing's liability. At issue was whether a subsistence payment was a wage or a fringe benefit. The court based its decision on Roofers Local 149 Joint Apprenticeship Fund v. Bloom Roofing System Inc., also heard by the Michigan Eastern District and the Sixth Circuit Appeals Court. In the current case the court ruled that the CBAs were identical to those in the Bloom case and declined to enter summary judgment to award payments to the apprenticeship fund.
[0153489]
Apprenticeship and Training Funds.
65 pp 2008; book

Availability :
Abstract : Provides information on the legal and fiduciary issues impacting apprenticeship and training funds. Contains seven previously published articles, summaries of approximately 40 additional articles and a list of internet resources.
[0152597]
Apprenticeship Programs, Labor Standards for Registration, Amendment of Regulations: Notice of Proposed Rulemaking (NPRM); Request for Comments.
Federal Register; v72 no239 pp 71,020-71,038 Dec 13, 2007; journal article

Availability :
Abstract : The DOL's Employment and Training Administration proposes changes to 29 Code of Federal Regulations Part 29. First adopted in 1977, Part 29 sets out policies and procedures for apprenticeship programs and agreements. The proposed rule updates Part 29 in several ways. It focuses on promoting employment and training opportunities, deletes outdated information, makes registration for apprenticeship programs more flexible, tightens program oversight, substitutes gender neutral language and recognizes advances in technology. Overall, the changes are designed to protect the welfare of apprentices.
[0153214]
Job Training: DOL Proposes Updated Rules to Clarify, Modernize Apprenticeship Program System
Cherry, Sheila R.; Daily Labor Report; no239 p A8 Dec 13, 2007; journal article

Availability :
Abstract : The DOL's proposed rules update implementation of the National Apprenticeship Act to formalize some processes, expand and refine terminology and ensure all text is gender neutral. They also allow for expanded technology use in learning. The DOL seeks to maintain high standards for apprenticeship programs while making program approval simpler. The rules would make it easier for an individual to join and leave a program and retain portable learning credits. The agency would also tighten procedures applying to state regulating agencies, including their suspension and derecognition.
[0153079]