Current through Register Vol. 50, No. 3, March 20, 2024
A.
Obligations of Sponsors. In addition to development of a written affirmative
action plan to ensure that minorities have an equal opportunity for selection
as apprentices and otherwise ensure prompt achievement of full and equal
opportunity in apprenticeship, each sponsor shall further provide in its
affirmative action program that selection of apprentices shall be made under
one of the methods specified in Paragraphs B.2-5 of this Section.
B. Selection. The requirements set forth in
this Paragraph B.1 of this Section shall apply to all the methods specified in
Paragraphs B.2-5 of this Section.
1. Creation
of Pool of Eligibles. A pool of eligibles shall be created from applicants who
meet the qualification of minimum legal working age or from applicants who meet
qualification standards in addition to minimum legal age and provided that any
additional qualification standards conform with the following requirements.
a. Qualification Standards. Qualification
standards, and procedures for determining such qualification standards, shall
be stated in detail and shall provide criteria for the specific factors and
attributes which are to be considered in evaluating applicants for admission to
the pool. The score required under each qualification standard for admission to
the pool also shall be specified. All qualification standards, and the score
required on any standard for admission to the pool, shall be directly related
to job performance, as shown by a significant statistical relationship the
score required for admission to the pool, and performance in the apprenticeship
program. In demonstrating such relationships, the sponsor shall follow
procedures set forth in the Guidelines on Employee Selection Procedures,
published at 41 CFR Part 60-3. Qualifications shall be considered as separately
required so that failure of an applicant to attain the specified score under a
single qualification standard shall disqualify the applicant from admission to
the pool.
b. Aptitude Tests. Any
qualification standard for admission to the pool consisting of aptitude test
scores shall be directly related to job performance, as shown by significant
statistical relationships between the score on the aptitude tests required for
admission to the pool, and performance in the apprenticeship program. In
determining such relationships, the sponsor shall follow the procedures set
forth in 41 CFR Part 60-3. The requirements of this Subparagraph also shall be
applicable to aptitude tests used by a program sponsor which are administered
by a state employment service agency, a private employment agency, or any other
person, agency, or organization engaged in selection or evaluation of
personnel. A national test developed and administered by a national joint
apprenticeship committee will not be approved by the council unless the test
meets the requirements of this Part.
c. Educational Attainments. All educational
attainments or achievements as qualifications for admission to the pool shall
be directly related to job performance, as shown by a significant statistical
relationship between the score required for admission to the pool, and
performance, in the apprenticeship program. In demonstrating such
relationships, the sponsor shall meet the requirements of 41 CFR Part 60-3.
School records or a passing grade on the general education development tests
recognized by the state or local public instruction authority shall be evidence
of educational achievement. Education requirements shall be applied uniformly
to all applicants.
d. Oral
Interviews. Oral interviews shall not be used as a qualification standard for
admission into an eligibility pool. However, once an applicant is placed in the
eligibility pool, and before he or she is selected for apprenticeship from the
pool, he or she may be required to submit to an oral interview. Oral interviews
shall be limited only to such objective questions as may be required to
determine fitness of applicants to enter the apprenticeship program, but shall
not include questions relating to qualifications previously determined in
gaining entrance to the eligibility pool. When an oral interview is used, each
interviewer shall record the questions and the general nature of the
applicant's answers, and shall prepare a summary of any conclusions. Each
applicant rejected from the pool of eligibles on the basis of an oral interview
shall be given a written statement of such rejection, reasons therefore, and
appeal rights available to the applicant.
e. Notification of Applicants. All applicants
who meet requirements for admission shall be notified and placed in the
eligibility pool. The program sponsor shall give each applicant from the
applicant pool notice of his or her rejection, including reasons for the
rejection, requirements for admission to the pool of eligibles, and appeal
rights available to the applicant.
f. Goals and Timetables. The sponsor shall
establish, where required by §509. D, percentage goals and timetables for
admission of minorities and women (minority and nonminority) into the pool of
eligibles in accordance with provisions of §509. D, E, and F.
g. Compliance. A sponsor shall be deemed to
be in compliance with its commitment under §511. B.1.f of this plan if it meets
its goals or timetables or if it makes a good faith effort to meet these goals
and timetables. In the event of failure of the sponsor to meet it goals and
timetables, it shall be given an opportunity to demonstrate that it has made
every good-faith effort to meet its commitments (refer to §509. F). All the
actions of the sponsor shall be reviewed and evaluated in determining whether
such good-faith efforts have been made.
2. Selection on Basis of Rank from a Pool of
Eligible Applicants. A sponsor may select apprentices from a pool of eligible
applicants created in accordance with requirements for §511. B.1 on the basis
of rank order of scores of applicants on one or more qualification standards,
where there is a significant statistical relationship between rank order of
scores and performance in the apprenticeship program. In demonstrating such
relationship, the sponsor shall follow procedures set forth in 41 CFR Part
60-3.
3. Random Selection from Pool
of Eligible Applicants
a. Selection. A
sponsor may select apprentices from a pool of eligible applicants on a random
basis. The method of random selection is subject to approval by the council.
Supervision of the random selection process shall be by an impartial person or
persons selected by the sponsor, but not associated with the administration of
the apprenticeship program. The time and place of the selection, and the number
of apprentices to be selected, shall be announced. The place of selection shall
be open to all applicants and the public. The names of apprentices drawn by
this method shall be posted immediately following selection at the program
sponsor's place of business. The sponsor adopting this method of selecting
apprentices shall meet the requirements of §511. B.1.a-g of this plan relating
to creation of the pool of eligibles, oral interviews, and notification of
applicants.
b. Goals and
Timetables. The sponsor shall establish, where required by §509. D, percentage
goals and timetables for admission of minorities and women (minority and
nonminority) into the pool of eligibles in accordance with provisions of §509.
D, E and F.
c. Compliance.
Determinations as to the sponsor's compliance with its obligations under these
regulations shall be in accordance with provisions of §511. B.1.g.
4. Selection from Pool of Current
Employees
a. Selection. A sponsor may select
apprentices from an eligibility pool of the workers already employed by the
program sponsor in a manner prescribed by a collective bargaining agreement
where such exists, or by the sponsor's established promotion policy. The
sponsor adopting this method of selecting apprentices shall establish goals and
timetables for selection of minority and female (minority and nonminority)
apprentices, unless the sponsor concludes in accordance with provisions of
§509. D, E, and F that it does not have deficiencies in terms of
underutilization of minorities and/or women in the apprenticeship of
journeyperson crafts represented by the program.
b. Compliance. Determinations as to the
sponsor's compliance with its obligations under these regulations shall be in
accordance with provisions of §511. B.1.g of this plan.
5. Alternative Selection Method. A sponsor
may select apprentices by means of any other method, including its present
selection method, providing that the sponsor meets the following requirements:
a. Selection Method, Goals, and Timetables.
Within 90 days of the effective date of this plan, the sponsor shall submit to
the council a detailed statement of the selection method it proposes to use,
along with the rest of its written affirmative action program. It should
include, when required by §509. D, its percentage goals and timetables for
selection of minority and/or female (minority and nonminority) applicants for
apprenticeship and its written analysis upon which such goals and timetables,
or lack thereof, are based. Establishment of goals and timetables must be in
accordance with provisions of §509. D, E and F. The sponsor may not implement
any such selection method until the council has approved the selection method
as meeting requirements of §511. B.5.b and has approved the remainder of its
affirmative action program including its goals and timetables. If the council
fails to act upon the selection method and the affirmative action program
within 30 days of its submission, the sponsor may then implement the selection
method.
b. Qualification Standards.
Apprentices shall be selected on the basis of objective and specific
qualification standards. Examples of such standards are fair aptitude tests,
school diplomas or equivalent, occupationally essential physical requirements,
fair interviews, school grades, and previous work experience. When interviews
are used, adequate records shall be kept including a brief summary of each
interview and the conclusions on each of the specific factors, e.g.,
motivation, ambition, and willingness to accept direction, all of which are
factors of the total judgment. In applying any such standards, the sponsor
shall meet the requirements of 41 CFR Part 60-3.
c. Compliance. Determination of the sponsor's
compliance with its obligations under these regulations shall be in accordance
with provisions of §511. B.1.g. When a sponsor, despite its good-faith efforts,
fails to meet its goals and timetables within a reasonable period of time, the
sponsor may be required to make appropriate changes in its affirmative action
program to the extent necessary to obtain maximum effectiveness toward
attainment of its goals. The sponsor also may be required to develop and adopt
an alternative selection method, including a method prescribed by the council,
when it is determined that the failure of the sponsor to meet its goals is
attributable in substantial part to the selection method. When the sponsor's
failure to meet its goals is attributable in substantial part to its use of a
qualification standard which has adversely affected opportunities of minority
and/or women (minority and nonminority) for apprenticeship, the sponsor maybe
required to demonstrate that such qualification standard is directly related to
job performance, in accordance with provisions of §511. B.1.a.
AUTHORITY NOTE:
Promulgated in accordance with R.S.
23:381-391..