New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 3 - AFFIRMATIVE ACTION IN AUTHORITY-FINANCED CONSTRUCTION PROJECTS › Section 19:30-3.6 - Mandatory language for construction contracts receiving Authority financial assistance; good faith

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A contractor
				  will be considered in compliance with this subchapter only if the contractor
				  has made good faith efforts to meet the minority and women hiring goals for
				  each trade or craft employed on the project. The goals are expressed as
				  percentages of the total hours worked on the project in each trade. The goals
				  are established by the Department of the Treasury, Division of Public Contracts
				  Equal Employment Opportunity Compliance and can be found at the Division's
				  website at:
www.state.nj.us/treasury/contract_compliance/
.
				  The contractor must take the following steps in this effort:
1. When hiring or scheduling workers in each
				  construction trade, the contractor or subcontractor shall make good faith
				  efforts to employ minority and women workers in each construction trade
				  consistent with the applicable employment goal prescribed by
				  17:27-7.2; provided, however, that
				  the Authority may, in its discretion, exempt a contractor or subcontractor from
				  compliance with the good faith procedures prescribed by this paragraph and (a)2
				  below, as long as the Authority is satisfied that the contractor or
				  subcontractor is employing workers provided by a union which provides evidence,
				  in accordance with standards prescribed by the Authority, that its percentage
				  of active "card carrying" members who are minority and women workers is equal
				  to or greater than the applicable employment goal established in accordance
				  with 17:27-7.3. A good faith effort by
				  the contractor or subcontractor shall include compliance with the following
				  procedures:
i. If the contractor or
				  subcontractor has a referral agreement or arrangement with a union for a
				  construction trade, the contractor or subcontractor shall, within three
				  business days of the contract award, seek assurances from the union that it
				  will cooperate with the contractor or subcontractor as it fulfills its
				  affirmative action obligations under this contract and in accordance with this
				  subchapter as supplemented and amended from time to time. If the contractor or
				  subcontractor is unable to obtain said assurances from the construction trade
				  union at least five business days prior to the commencement of construction
				  work, the contractor or subcontractor shall attempt to hire or schedule
				  minority and women workers directly, consistent with the applicable employment
				  goal. If the contractor's or subcontractor's prior experience with a
				  construction trade union, regardless of whether the union has provided said
				  assurances, indicates a significant possibility that the trade union will not
				  refer sufficient minority and women workers consistent with the applicable
				  employment goal, the contractor or subcontractor shall be prepared to hire or
				  schedule minority and women workers directly, consistent with the applicable
				  employment goal, by complying with the hiring or scheduling procedures
				  prescribed under (a)2 below; and the contractor or subcontractor shall take
				  said action immediately if it determines or is so notified by the Authority
				  that the union is not referring minority and women workers consistent with the
				  applicable employment goal.