InfoComm International Demystifies AV Labor Questions
Nov 9, 2005 4:00 PM
InfoComm International, the trade association representing the professional AV and information communications industries worldwide, has released a white paper aimed at demystifying government regulations concerning industry licensure, certification, and apprenticeships. The white paper was independently researched and developed by the New York-based law firm, Clifton Budd & DeMaria.
The white paper concludes that apprenticeship programs are generally established by federal or state law, and training programs leading to apprenticeship are heavily regulated and enforced by both the government and the unions providing training in compliance with applicable laws. As employees progress through apprenticeship training, their wages generally progress according to a scale, with an increase and specified rate being awarded upon successful conclusion of the program. Apprenticeship status and union membership are generally considered to be synonymous.
Certification is an often voluntary process that acknowledges that an individual has demonstrated a level of knowledge and skill required in a profession or skill set. AV industry certifications include the InfoComm CTS, which in 2005 was awarded recognition by the National Certification Commission (NCC). This certification specifically addresses knowledge and skills in the science and technology used in communications including audio, video, display, and electronic systems. Technicians, engineers, designers, salespeople, customer service personnel, managers, and executives in the industry are appropriate professionals for this certification.
The paper clearly notes that neither the Davis Bacon Act on the federal level, nor related state laws, require employers to hire apprentices. “Since apprenticeship issues are normally raised in a union context, the question of whether or not an AV employer is required to hire an apprentice is a function of its collective bargaining agreement and negotiations over staffing with the union,” says Alfred T. DeMaria, a labor and employment law attorney and long-time member of the Certification Committee of the Electronic Science Technology Association.
The paper cautions against implementing any new regulations seeking to require AV employers to institute apprenticeship programs, as all apprentices must meet stringent requirements established by the Department of Labor’s Bureau of Apprenticeship Training or a parallel state apprenticeship agency recognized by DOL. “Apprenticeships are just one of many options for employers seeking to ensure a skilled base of employees. Our firm has never encountered a situation in which having apprentices has assisted employers in obtaining new business,” says DeMaria. “All levels of government should avoid instituting any required apprenticeship programs, as the regulatory requirements would be unnecessarily burdensome.”
The paper also clarified that classifications of trainees and apprentices have no connection to DOL’s Standard Occupational Classification Codes (SOC). ”We do not believe that utilizing SOC codes has any relevance to acquiring new business or marketing the AV employer’s services,” says DeMaria.
To obtain a complete copy of the white paper, please visit www.infocomm.org.
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