New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter IX - Manpower Services Division
Subchapter A - Apprenticeship Training
Part 600 - Equal Employment Opportunity In Apprenticeship Training
Section 600.6 - Selection of apprentices
Universal Citation: 12 NY Comp Codes Rules and Regs ยง 600.6
Current through Register Vol. 46, No. 12, March 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 subdivision (b) of this section.
(b) Selection methods. The sponsor shall adopt one of the following methods for selecting apprentices:
(1) Selection on basis of rank from pool of
eligible applicants.
(i) Selection. A sponsor
may select apprentices from a pool of eligible applicants created in accordance
with the requirements of subparagraph (iii) of this paragraph on the basis of
the 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 the procedures set forth in guidelines
on employee selection procedures published in 41 CFR 60.3.
(ii) Requirements. The sponsor adopting this
method of selecting apprentices shall meet the requirements of subparagraphs
(iii) through (vi) of this paragraph.
(iii) 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:
(a) Qualification standards. The
qualification standards, and the procedures for determining such 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 such relationship, 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.
(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
relationship, the sponsor shall follow the procedures set forth in 41 CFR 60.3.
These requirements shall also be applicable to aptitude tests utilized by a
program sponsor which are administered by the State employment service 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 commissioner unless such
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 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 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 prior to selection for apprenticeship from the pool, he
or she may be required to submit to an oral interview. Oral interviews shall be
limited to such objective questions as may be required to determine the 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, the reasons therefor, and the appeal rights
available to the applicant.
(iv) 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.
(v) Goals and timetables. The sponsor shall
establish where required by section
600.5(d)
of this Part, 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 section
600.5(d)-(f)
of this Part.
(vi) Compliance. A
sponsor shall be deemed to be in compliance with its commitments under
subparagraph (v) of this paragraph 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
the failure of the sponsor 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 section
600.5[f]
of this Part). All the actions of the sponsor shall be reviewed and evaluated
in determining whether such good faith efforts have been made.
(2) Random selection from pool of
eligible applicants.
(i) 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 commissioner.
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.
(ii) Requirements. The sponsor adopting this
method of selecting apprentices shall meet the requirements of subparagraphs
(iii) through (v) of paragraph (1) of this subdivision relating to the creation
of pool of eligibles, oral interviews and notification of applicants.
(iii) Goals and timetables. The sponsor shall
establish, where required by subdivision (d) of section
600.5 of
this Part, percentage goals and timetables for admission of minorities and
women (minority and nonminority) into the pool of eligibles in accordance with
the provisions of subdivisions (d) through (f) of section
600.5 of
this Part.
(iv) Compliance.
Determinations as to the sponsor's compliance with its obligations under this
Part shall be in accordance with provisions of subparagraph (1)(vi) of this
subdivision.
(3)
Selection from pool of current employees.
(i)
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 the selection of minority
and female apprentices, unless the sponsor concludes in accordance with the
provisions of subdivisions (d) through (f) of section
600.5 of
this Part that it does not have deficiencies in terms of underutilization of
minorities and/or women (minority and nonminority) in the apprenticeship of
journeyperson crafts represented by the program.
(ii) Compliance. Determinations as to the
sponsor's compliance with its obligations under this Part shall be in
accordance with the provisions of subparagraph (1)(vi) of this
subdivision.
(4)
Alternative selection methods.
(i) 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:
(a) Selection method and goals
and timetables. Within 30 days of the effective date of this Part 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, where
required by subdivision (d) of section
600.5 of
this Part its percentage goals and timetables for the 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. The establishment of goals and timetables shall be in accordance with
the provisions of subdivisions (d) through (f) of section
600.5 of
this Part. The sponsor may not implement any such selection method until the
commissioner has approved the selection method as meeting the requirements of
clause (b) of this subparagraph and has approved the remainder of its
affirmative action program including its goals and timetables. If the
commissioner fails to act upon the selection method and the affirmative action
program within 30 days of its submission, the sponsor then may 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 health requirements,
fair interviews, school grades and previous work experience. Where 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 which are part of the
total judgment. In applying any such standards, the sponsor shall meet the
requirements of 41 CFR Part 60-3.
(ii) Compliance. Determinations as to the
sponsor's compliance with its obligations under this Part shall be in
accordance with the provisions of subparagraph (1)(vi) of this subdivision.
Where 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 commissioner, where it is
determined that the failure of the sponsor to meet its goals is attributable in
substantial part to the selection method. Where 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/or
women (minority and nonminority) for apprenticeship, the sponsor may be
required to demonstrate that such qualification standard is directly related to
job performance, in accordance with the provisions of clause (1)(iii)(a) of
this subdivision.
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