City of Bethlehem ordinance opposed by Associated Builders and Contractors

The City of Bethlehem passed an ordinance that, in part, requires construction firms to have an apprenticeship program in order to bid on jobs within the city limits.

This provision, in part, requires firms to have an apprenticeship program in existence for five years; requires firms to participate in a “Class A” apprenticeship program for the past three years; and requires firms to have graduated apprentices for three of the past five years.

“The rational for the 5 years of Apprenticeship is that is the typical length of an apprenticeship program. It is also vital to have a requirement that apprentices graduate to journeyman for there are firms that have apprenticeships but do not graduate their participants, which is counterproductive,” said Grace Crampsie Smith, Bethlehem councilwoman, who wrote the ordinance.

“As City Council is ultimately responsible for the approval of contracts over $100,000, it is essential that we are assured that we have the procurement and contracting tools that will ensure successful delivery of public works projects,” Smith said.

Richard Reppert, president of R. L. Reppert, Inc., a member of Associated Builders and Contractors, Eastern Pennsylvania Chapter, said in a letter to the Bethlehem City Council, “As a member of the Associated Builders and Contractors Eastern Pennsylvania Chapter, which represents 500-plus members located throughout our 17-county footprint, I write to voice our opposition, in its current form, to the responsible contractor ordinance.

“ABC strongly supports apprenticeship training programs. In fact, our chapter offers a robust program that puts apprentices on a pathway to earn a competitive salary, learn an in-demand skill, and contribute to the local economy. Many of our chapter members participate in this program; however, our chapter also represents members that, we believe, would be negatively impacted by the language in § 131.03 (c)(11),” he said.

“Empirical research shows that the construction field lags behind other areas in terms of job safety and training, and construction sector firms are least likely to provide employer sponsored training. Thus, it imperative to have apprenticeship programs so we are assured those completing our public works projects are adequately trained and qualified,” Smith said.

“These conditions would shutout qualified and experienced contractors from the bidding process – contractors that are seasoned businesses made up of skilled journeypersons that do not have apprentices but are just as safe and just as qualified as those that do,” Reppert said.

The provision would also prevent newer businesses from participating in the bidding process, or even prevent an established business that decided within the last three to five years to train apprentices, Reppert said.

“As one in a chorus of voices in our membership, my company would like to work with the bill sponsor in offering language for a responsible contractor ordinance that would level the playing field and allow all contractors to be eligible to bid on public work within the city. We believe city council should make awarding contracts to lowest responsible bidder a priority and not place barriers or dictate how business owners should be investing its resources,” Reppert said.