New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle A - Governor's Office
Chapter I - Executive Orders
Part 1 - Executive Orders (Nelson A. Rockefeller)
Section 1.43 - Executive order no. 43: affirmative action training and employment program for minority group members on state and state-aided construction projects in the city of new york

Current through Register Vol. 46, No. 39, September 25, 2024

I, Nelson A. Rockefeller, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order as follows:

I. Purpose

It is the established policy of the State of New York to require contractors and labor unions engaged in the construction, reconstruction or rehabilitation of State and State-aided capital facilities to take affirmative action in order to help to assure equal opportunity for employment in the construction industry without discrimination because of race, creed, color or national origin.

The purpose of this Order is to further employment opportunities for minority group members in the construction industry in the City of New York, by providing for the establishment of on-the-job training programs to develop fully qualified journeymen eligible for consideration for union membership. The policy of the State of New York is to foster the development of such programs on a local area-wide, industry-wide basis by appropriate industry and labor officials in cooperation with governmental and minority community representatives.

II. On-the-Job Training on State Construction and State-Assisted Construction Projects

The State Labor Department shall promulgate rules and regulations for the establishment and operation of on-the-job training programs to be instituted in accordance with the terms and conditions of the Training Agreement, dated December 10, 1970, among the New York Building and Construction Industry, Board of Urban Affairs Fund, the State of New York and the City of New York, which is incorporated herein by reference (Training Agreement).

Every contract let or approved by a State agency, including appropriate public benefit corporations, for a construction or State-assisted construction project in the City of New York shall contain provisions for an on-the-job training program for minority individuals on the project in accordance with provisions of this Order, the Training Agreement and rules and regulations promulgated by the State Department of Labor.

The provisions of this Order shall be deemed to supplement the basic standard contract provisions relating to affirmative action promulgated by the Governor on September 12, 1963 [not filed with Department of State], as heretofore and hereafter amended, and shall not be deemed to replace them.

III. Implementation

1. This Order shall be implemented under the direction of the State Labor Department, which shall distribute to all State agencies a directive describing the details of acceptable training programs which details shall not be inconsistent with the provisions of the Training Agreement.

2. Under the provisions of this Order, the State Labor Department shall review and coordinate its activities as required by this Order with a State Construction Agency Coordinating Committee, which shall be comprised of State representatives of each State agency concerned with State Construction and State-assisted Construction.

3. Among its duties, the State Labor Department shall also recruit, screen and recommend for placement minority individuals for appropriate jobs in training programs pursuant to the provisions of this Order.

IV. This Order shall take effect immediately.

Signed: Nelson A. RockefellerDated: January 21, 1971

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