Independent Roofing Contractors v. California Apprenticeship Council

The Division of Apprenticeship Standards (Division) authorized the Independent Roofing Contractors of California Unilateral Apprenticeship Committee (Independent Roofers) to expand the geographic area for its apprenticeship program. This commenced a “turf’ battle. Upon the administrative protest of the 10 Bay Area Counties and Southern California Roofers and Waterproofers Joint Apprenticeship Training Committee (Union Roofers), the California Apprenticeship Council (Council) invalidated the Division’s action for failure to give required notice to the Union Roofers. Independent Roofers petitioned for a writ of administrative mandamus to overturn the decision of the Council. 1 In a cogent 24-page decision, the trial court denied the writ.

In this appeal, Independent Roofers raises the same arguments that the trial court rejected, but does not present any refutation of the trial court’s meticulously explained and correct reasoning. On independent review, we agree that time limits in regulations for filing program-related complaints do *1334 not apply to an appeal of a Division decision regarding a program; a geographic expansion of a program is subject to the notice and…