Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IX - Apprenticeship › Chapter 5 - Louisiana State Plan for Equal Opportunity in Apprenticeship › Section IX-511 - Selection of Apprentices

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Obligations of Sponsors. In addition to development of a written affirmative
				action plan to ensure that minorities have an equal opportunity for selection
				as apprentices and otherwise ensure prompt achievement of full and equal
				opportunity in apprenticeship, each sponsor shall further provide in its
				affirmative action program that selection of apprentices shall be made under
				one of the methods specified in Paragraphs B.2-5 of this Section.
B. Selection. The requirements set forth in
				this Paragraph B.1 of this Section shall apply to all the methods specified in
				Paragraphs B.2-5 of this Section.
1. Creation
				of Pool of Eligibles. A pool of eligibles shall be created from applicants who
				meet the qualification of minimum legal working age or from applicants who meet
				qualification standards in addition to minimum legal age and provided that any
				additional qualification standards conform with the following requirements.
a. Qualification Standards. Qualification
				standards, and procedures for determining such qualification standards, shall
				be stated in detail and shall provide criteria for the specific factors and
				attributes which are to be considered in evaluating applicants for admission to
				the pool. The score required under each qualification standard for admission to
				the pool also shall 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 the
				score required for admission to the pool, and performance in the apprenticeship
				program. In demonstrating such relationships, the sponsor shall follow
				procedures set forth in the Guidelines on Employee Selection Procedures,
				published at 41 CFR Part 60-3 . Qualifications shall be considered as
				separately required so that 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 relationships, the sponsor shall follow the
				procedures set forth in 41 CFR Part 60-3 . The requirements of this
				Subparagraph also shall be applicable to aptitude tests used by a program
				sponsor which are administered by a state employment service agency, a private
				employment agency, or any other person, agency, or organization engaged in
				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 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
				relationships, the sponsor shall meet the requirements of 41 CFR Part 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 before he or she is selected for apprenticeship from the
				pool, he or she may be required to submit to an oral interview. Oral interviews
				shall be limited only to such objective questions as may be required to
				determine 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, reasons therefore, and
				appeal rights available to the applicant.
e. Notification of Applicants. All applicants
				who meet requirements for admission shall be notified and placed in the
				eligibility pool. The program sponsor shall give each applicant from the
				applicant pool notice of his or her rejection, including reasons for the
				rejection, requirements for admission to the pool of eligibles, and appeal
				rights available to the applicant.
f. Goals and Timetables. The sponsor shall
				establish, where required by
				§509 D,
				percentage goals and timetables for admission of minorities and women (minority
				and nonminority) into the pool of eligibles in accordance with provisions of
				§509 D, E, and
				F.
g. Compliance. A sponsor shall
				be deemed to be in compliance with its commitment under
				§511.
				B.1.f of this plan 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 failure of the sponsor to meet it goals and
				timetables, it shall be given an opportunity to demonstrate that it has made
				every good-faith effort to meet its commitments (refer to
				§509.
				F) All the actions of the sponsor shall be
				reviewed and evaluated in determining whether such good-faith efforts have been
				made.