New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 600 - Equal Employment Opportunity In Apprenticeship Training › Section 600.6 - Selection of apprentices

Current through Register Vol. 46, No. 28, July 10, 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 subdivision (b) of this
				  section.
(b) Selection methods. The
				  sponsor shall adopt one of the following methods for selecting apprentices:
(1) Selection on basis of rank from pool of
				  eligible applicants.
(i) Selection. A sponsor
				  may select apprentices from a pool of eligible applicants created in accordance
				  with the requirements of subparagraph (iii) of this paragraph on the basis of
				  the rank order of scores of applicants on one or more qualification standards
				  where there is a significant statistical relationship between rank order of
				  scores and performance in the apprenticeship program. In demonstrating such
				  relationship, the sponsor shall follow the procedures set forth in guidelines
				  on employee selection procedures published in     41 CFR 60.3.
(ii) Requirements. The sponsor adopting this
				  method of selecting apprentices shall meet the requirements of subparagraphs
				  (iii) through (vi) of this paragraph.
(iii) 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:
(a) Qualification standards. The
				  qualification standards, and the procedures for determining such 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 such relationship, 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.
(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
				  relationship, the sponsor shall follow the procedures set forth in 41 CFR 60.3.
				  These requirements shall also be applicable to aptitude tests utilized by a
				  program sponsor which are administered by the State employment service 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 commissioner unless such
				  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 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 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 prior to selection for apprenticeship from the pool, he
				  or she may be required to submit to an oral interview. Oral interviews shall be
				  limited to such objective questions as may be required to determine the 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, the reasons therefor, and the appeal rights
				  available to the applicant.
(iv) 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.
(v) Goals and timetables. The sponsor shall
				  establish where required by section
				  600.5(d) 
				  of this Part, 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 section
				  600.5(d)-(f) 
				  of this Part.
(vi) Compliance. A
				  sponsor shall be deemed to be in compliance with its commitments under
				  subparagraph (v) of this paragraph 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
				  the failure of the sponsor 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 section
				  600.5[f] 
				  of this Part). All the actions of the sponsor shall be reviewed and evaluated
				  in determining whether such good faith efforts have been made.