Kern, Inyo & Mono Counties Plumbing v. California Apprenticeship Council

Appellant and real party in interest Plumbing, Heating and Cooling Contractors of the Greater Sacramento Area Plumbers Unilateral Apprenticeship Committee (the Applicant Committee) provides a plumbing apprenticeship training program in 46 California counties. In 2007, the Applicant Committee sought and received approval from the Division of Apprenticeship Standards (DAS) to expand its apprenticeship program into Kern County. Respondent Kern, Inyo & Mono Counties Plumbing, Pipefitters & Refrigeration/Air Conditioning Mechanic Joint Apprenticeship and Training Committee (the Existing Committee), which already conducts a plumbing apprenticeship training program in Kern County, opposed the expansion and appealed the approval to the California Apprenticeship Council (Council). After the Council denied the appeal, the Existing .Committee initiated the present writ proceedings, successfully obtaining a writ of mandate in the trial court overturning the Council’s decision.

On appeal, the Applicant Committee argues that the trial court erred in interpreting Labor Code section 3075, subdivision (b)(3), which authorizes approval of a new apprenticeship program if “[e]xisting…