Nevada Administrative Code › Chapter 610 - Apprenticeships › EQUAL OPPORTUNITY › Selection of Apprentices › Section 610.860 - Use of other methods of selection; standards of qualification; requirements of sponsor

Current through June 11, 2024
1. A sponsor may
				select apprentices by any other method, including its present selection method,
				if the sponsor meets the requirements of this section.
2. By January 6, 1980, the sponsor shall
				establish the method of selection it proposes to use and submit it to the
				Council, together with the rest of its written program for affirmative action.
				If required by NAC 610.710 to 610.760, inclusive, the sponsor must include its
				percentage goals and timetables for the selection of female and minority
				applicants for apprenticeship and its written analysis upon which such goals
				and timetables, or lack thereof, are based.
3. The sponsor may not use any method of
				selection allowed by subsection 1 until the Council approves it as meeting the
				requirements of subsection 4 and approves the remainder of its program for
				affirmative action, including its goals and timetables.
4. If the Council fails to act upon the
				method of selection and the program for affirmative action within 30 days after
				its submission, the sponsor may begin to use the selection method.
5. Apprentices must be selected on the basis
				of objective and specific standards of qualification. Standards may include
				fair aptitude tests, diplomas from schools or their equivalent, a minimum and
				maximum age, essential requirements of health and strength, fair interviews,
				grades achieved in schools and previous experiences of working. If interviews
				are used as a standard for qualification, adequate records must be kept and
				must include a brief summary of each interview and the conclusions reached
				regarding each of the specific factors used at the interview, including the
				applicant's motivation, ambition and willingness to accept direction. The
				program sponsor shall meet the requirements set forth in 41 C.F.R. Part 60-3
				when it applies the standards listed in this subsection.
6. The sponsor's compliance with its
				obligations under these regulations will be determined under the provisions of
				NAC 610.760. A sponsor must also meet the following requirements:
(a) If a sponsor fails to meet its goals and
				timetables within a reasonable period of time and has made efforts in good
				faith to do so, the Council may require the sponsor to make appropriate changes
				in its program for affirmative action to the extent necessary to attain its
				goals.
(b) The sponsor may also be
				required to develop and adopt an alternative method of selection, including a
				method prescribed by the Council, if the Council determines that the failure of
				the sponsor to meet its goals is attributable in substantial part to its
				present method of selection.
(c) If
				the sponsor's failure to meet its goals is attributable in substantial part to
				its use of a standard of qualification which has adversely affected the
				opportunities of women and minority persons for apprenticeship, the Council may
				require the sponsor to demonstrate that the standard of qualification is
				directly related to the performance of the job.