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

Current through Register Vol. 51, No. 14, July 12, 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 §B(1)-----(4) of this
				regulation.
B. Selection Methods.
				The sponsor shall adopt one of the following methods for selecting apprentices:
(1) Selection on the Basis of Rank from a
				Pool of Eligible Applicants.
(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:
(i) Qualification Standards. The
				qualification standards and the procedures for determining the 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 these relationships, 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.
(ii)
				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 the relationship, the sponsor shall follow the
				procedures set forth in 41 CFR 60-3 . The requirements of this subparagraph
				shall also be applicable to aptitude tests used by a program sponsor which are
				administered by a State employment service agency, 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 Council unless the test meets the requirements of
				this subunit.
(iii) 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 the
				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 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.