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

(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:

(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.

(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.

(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.

(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:

(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.