California Court of Appeal

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Southern California Cement Masons Joint Apprenticeship Committee v. California Apprenticeship Council, A132892

The trial court properly denied a petition for writ of mandate filed by plaintiff, the operators of the existing approved apprenticeship training programs for cement masons in Southern California, challenging defendant's grant of the application for approval to a new cement mason apprenticeship program, where: 1) Labor Code section 3075 (b)(2) allows approval of a new apprenticeship program if the existing approved programs do not have the capacity, or neglect or refuse, to dispatch sufficient apprentices to law-abiding public works contractors; 2) an approved program must dispatch sufficient apprentices to allow contractors to comply with the prevailing wage law governing employment of apprentices on public works sites and not just merely respond to contractor requests; and 3) based on this record, defendant did not abuse its discretion in concluding the approved programs neglected or failed to dispatch sufficient apprentices under Labor Code section 3075 (b)(2) and were undeserving of exclusivity under that section.

Appellate Information

  • Decided 02/28/2013
  • Published 02/28/2013

Judges

  • MARGULIES

Court

  • California Court of Appeal

Counsel