New Jersey Administrative Code
Title 19 - OTHER AGENCIES
NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY
Chapter 39 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES
Subchapter 2 - REQUIREMENTS FOR CONTRACTOR COMPLIANCE
Section 19:39-2.4 - Compliance with affirmative action employment goals for minority and women workers by construction contractors

Universal Citation: NJ Admin Code 19:39-2.4

Current through Register Vol. 55, No. 48, December 18, 2023

(a) A construction contractor shall make good faith efforts to employ minority and women workers in each construction trade consistent with the applicable employment goals prescribed at N.J.A.C. 17:27-7.2 as updated from time to time by the Department of the Treasury and posted on the State website at www.nj.gov/treasury/contract_compliance/documents/pdf/guidelines/construction_targets.pdf. The goals are expressed as percentages of the total hours worked on the school facilities project in each trade. The SDA will make these goals available as part of each construction contract.

(b) In determining if a contractor has acted in good faith, the SDA shall consider whether:

1. The contractor has notified the union with whom it has a collective bargaining agreement or referral arrangement, within three business days of the contract award, of the obligations of the contractor under these rules and has sought the cooperation of the union in meeting the minority and women goal requirements;

2. The contractor was able to obtain assurances at least five business days prior to commencement of construction work from the construction trade union that it would refer sufficient minority and women workers directly, consistent with the applicable county employment goal, and whether the contractor attempted to hire or schedule minority and women workers directly, and if possible, minority and women workers residing within the geographical jurisdiction of the union; and

3. The hiring or scheduling of a workforce consistent with the applicable county employment goal could be achieved for each construction trade by adhering to the procedures of (b)1 and 2 above, or whether, if the contractor has a referral agreement or arrangement with a union for a construction trade, the contractor took the following actions consistent with the applicable county employment goals:
i. Notified the SDA's compliance inspector and at least two minority and women referral organizations, a listing of which is maintained by the Division, pursuant to 17:27-5.3, of the contractor's labor needs, and requested referrals of minority workers and women workers;

ii. Gave notice of employment opportunities to all minority workers and women workers who were listed with the contractor as awaiting available vacancies;

iii. Employed qualified minority workers and women workers who had been listed with the contractor as candidates for available vacancies; and

iv. Notwithstanding (b)3i through iii above, the contractor shall not be required to employ women and minority advanced trainees and trainees in numbers, which result in the employment of advanced trainees and trainees as a percentage of the total workforce for the construction trade, which percentage significantly exceeds the apprentice-to-journey worker ratio specified in the applicable collective bargaining agreement, or in the absence of a collective bargaining agreement, exceeds the ratio established by practice in the area for said construction trade.

(c) The contractor shall keep complete and accurate records of all requests made for the referral of workers in any trade covered by the contract and provide those upon the request of the SDA's compliance inspector.

(d) The SDA may, in its discretion, exempt a contractor from compliance with the good faith procedures prescribed at (b)1, 2, and 3 above, as long as the SDA is satisfied that the contractor is employing workers provided by a union, which provides evidence, in accordance with standards prescribed by the Division, that its percentage of active "card carrying" members who are minority and women workers is equal to or greater than the applicable employment goal established pursuant to N.J.A.C. 17:27-7.2 and the contractor agrees to otherwise comply with the procedures set forth in this chapter.

Amended by 47 N.J.R. 1651(c), effective 7/6/2015

Amended by 54 N.J.R. 2401(a), effective 12/19/2022

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