Dear Brothers and Sisters,
Governor Gray Davis signed assembly Bill 931 into law on October 7, 1999. It added Section 3099 to the labor code, which mandated the State of California Division of Apprenticeship Standards (DAS) to “establish and validate minimum standards for the competency and training of electricians through a system of testing in certification.” Effective January 1, 2007 State law requires all electricians working for C-10 contractors to be certified.
Remember the purpose of Electrical Certification is to:
* “protect the public from unqualified electricians”
* “establish minimum training competence and certification standards”
* “provide safer work environment”
Two law firms now ‘opine’ that dispatching uncertified electricians invites significant legal liability for this membership/Local Union. In effect, we are sending out persons that (under the law) do not meet the “minimum level of competency.” That is the legal interpretation and how a judge and jury may find should a local union be taken to trial.
This local cannot risk the liability of dispatching uncertified electricians. Should an accident on the job cause injury to property or other persons, not only would the contractor be sued but the Local Union would surely be part of the suit/responsible.
Accordingly, I am also informing all members that Local 551 will take the same position that almost every California IBEW Local has taken. Effective January 1, 2007 no person will be dispatched without presenting evidence of certification. Our referral rules displayed in each office will reflect this change.
LET ME BE PERFECTLY CLEAR. IF YOU HAVE NOT TAKEN AND PASSED THE CERTIFICATION TEST (AS EVIDENCED BY THE I.D. CARD) YOU WILL NOT BE DISPATCHED.
For more than 4 years we have discussed this in letters, at meetings, in industry publications, etc. There is surely no excuse for not taking and passing the test.
In closing, certification will play and is playing a significant role in every part of our industry. In building project specifications, in hiring, in promoting, in laying off, certification is here and now the law. I believe contractors who have not specified “only certified electricians” from the hiring hall or demanded their present employees be certified have placed their companies in significant jeopardy.
P.S. Apprentices are exempt from certification but must take and pass the test before “turning out’ from the apprenticeship program.