Code of Maryland Regulations
Title 09 - MARYLAND DEPARTMENT OF LABOR
Subtitle 12 - DIVISION OF LABOR AND INDUSTRY
Chapter 09.12.42 - Equal Employment Opportunity
Section 09.12.42.05 - Selection of Apprentices
Universal Citation: MD Code Reg 09.12.42.05
Current through Register Vol. 51, No. 19, September 20, 2024
A. Obligation of Sponsors. In addition to the development of a written affirmative action plan to ensure that minorities and women have an equal opportunity for selection as apprentices and otherwise ensure the prompt achievement of full and equal opportunity in apprenticeship, each sponsor shall further provide in its affirmative action program that the selection of apprentices shall be made under one of the methods specified in §B(1)-----(4) of this regulation.
B. Selection Methods. The sponsor shall adopt one of the following methods for selecting apprentices:
(1) Selection on the Basis of Rank from a
Pool of Eligible Applicants.
(a) Selection. A
sponsor may select apprentices from a pool of eligible applicants created in
accordance with the requirements of §B(1)(c) of this regulation on the
basis of the rank order of scores of applicants on one or more qualification
standards when there is a significant statistical relationship between rank
order of scores and performance in the apprenticeship program. In demonstrating
the relationship the sponsor shall follow the procedures set forth in
"Guidelines on Employee Selection Procedures", published at 41 CFR
60-3.
(b) Requirements. The sponsor
adopting this method of selecting apprentices shall meet the requirements of
§B(1)(c)-----(g) of this regulation.
(c) Creation of Pool of Eligibles. A pool of
eligibles shall be created from applicants who meet the qualifications of
minimum legal working age, or from applicants who meet qualification standards
in addition to minimum legal working age, provided that any additional
qualification standards conform with the following requirements:
(i) Qualification Standards. The
qualification standards and the procedures for determining the qualification
standards shall be stated in detail and shall provide criteria for the specific
factors and attributes to be considered in evaluating applicants for admission
to the pool. The score required under each qualification standard for admission
to the pool shall also 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 between the
score required for admission to the pool and performance in the apprenticeship
program. In demonstrating these relationships, the sponsor shall follow the
procedures set forth in 41 CFR 60-3 . Qualifications shall be considered as
separately required so that the failure of an applicant to attain the specified
score under a single qualification standard shall disqualify the applicant from
admission to the pool.
(ii)
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 the relationship, the sponsor shall follow the
procedures set forth in 41 CFR 60-3 . The requirements of this subparagraph
shall also be applicable to aptitude tests used by a program sponsor which are
administered by a State employment service agency, or any other person, agency,
or organization engaged in the 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 subunit.
(iii) 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 the
relationship, the sponsor shall meet the requirements of 41 CFR 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 may 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 selection for apprenticeship from the pool, he
or she may be required to submit to an oral interview. Oral interviews shall be
limited only to objective questions that may be required to determine the
fitness of applicants to enter the apprenticeship program, but may 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 the rejection, the reasons for it, and the appeal rights available
to the applicant.
(e) Notification
of Applicants. All applicants who meet the requirements for admission shall be
notified and placed in the eligibility pool. The program sponsor shall give
each rejected applicant who is not selected for the pool or the program notice
of his or her rejection, including the reasons for the rejection, the
requirements for admission to the pool of eligibles, and the appeal rights
available to the applicant.
(f)
Goals and Timetables. The sponsor shall establish, when required by Regulation
.04D of this chapter, percentage goals and timetables for the admission of
minorities and women (minority and nonminority) into the pool of eligibles in
accordance with the provisions of Regulation .04D, E, and F of this
chapter.
(g) Compliance. A sponsor
shall be considered to be in compliance with its commitments under
§B(1)(f) of this regulation if it meets its goals or timetables or if it
makes a good-faith effort to meet these goals and timetables. If the sponsor
fails to meet its goals and timetables, it shall be given an opportunity to
demonstrate that it has made every good-faith effort to meet its commitments
(see Regulation .04F of this chapter). All the actions of the sponsor shall be
reviewed and evaluated in determining whether good-faith efforts have been
made.
(2) Random
Selection from a 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 the selection shall be open to
all applicants and the public. The names of apprentices drawn by this method
shall be posted immediately following the selection at the program sponsor's
place of business.
(b)
Requirements. The sponsor adopting this method of selecting apprentices shall
meet the requirements of §B(1)(c)-----(e) of this regulation relating to
the creation of a pool of eligibles, oral interviews, and notification of
applicants.
(c) Goals and
Timetables. The sponsor shall establish, when required by Regulation .04D of
this chapter, percentage goals and timetables for the admission of minorities
and women (minority and nonminority) into the pool of eligibles in accordance
with the provisions of Regulation .04D, E, and F of this chapter.
(d) Compliance. Determinations as to the
sponsor's compliance with its obligations under these regulations shall be in
accordance with the provisions of §B(1)(g) of this regulation.
(3) Selection from a 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 when it exists, or by the sponsor's established promotion policy. The
sponsor adopting this method of selecting apprentices shall establish goals and
timetables for the selection of minority and female apprentices, unless the
sponsor concludes, in accordance with the provisions of Regulation .04D, E, and
F of this chapter, that it does not have deficiencies in terms of
under-utilization of minorities or women (minority or nonminority) in the
apprenticeship of journeyperson crafts represented by the program.
(b) Compliance. Determinations as to the
sponsor's compliance with obligations under these regulations shall be in
accordance with the provisions of §B(1)(g) of this regulation.
(4) Alternative Selection Methods.
(a) Selection. A sponsor may select
apprentices by means of any other method, including its present selection
method, provided that the sponsor meets the following requirements:
(i) Selection Method and Goals and
Timetables. Within 90 days of the effective date of these regulations, the
sponsor shall complete development of the revised selection method it proposes
to use along with the rest of its written affirmative action program including,
when required by Regulation .04D of this chapter, its percentage goals and
timetables for the selection of minority and female (minority and nonminority)
applicants for apprenticeship and its written analysis, upon which these goals
and timetables, or lack of them, are based. The establishment of goals and
timetables shall be in accordance with the provisions of Regulation .04D, E,
and F of this chapter. The sponsor may not implement any selection method until
the Council has approved the selection method as meeting the requirements of
§B(4)(a)(ii) of this regulation 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 90 days of its submission, the sponsor may implement the selection
method.
(ii) Qualification
standards. Apprentices shall be selected on the basis of objective and specific
qualification standards. Examples of these standards are fair aptitude tests,
school diplomas or equivalent, occupationally essential health 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, for example,
motivation, ambition, and willingness to accept direction, which are part of
the total judgment. In applying these standards, the sponsor shall meet the
requirements of 41 CFR 60-3.
(b) Compliance. Determinations as to the
sponsor's compliance with its obligations under these regulations shall be in
accordance with the provisions of §B(1)(g) of this regulation. 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 the attainment of its goals. The sponsor
may also 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 the opportunities of minorities and women (minority and
nonminority) for apprenticeship, the sponsor may be required to demonstrate
that this qualification standard is directly related to job performance in
accordance with the provisions of §B(1)(c)(i) of this
regulation.
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