New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 39 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 2 - REQUIREMENTS FOR CONTRACTOR COMPLIANCE › Section 19:39-2.4 - Compliance with affirmative action employment goals for minority and women workers by construction contractors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A construction
				  contractor shall make good faith efforts to employ minority and women workers
				  in each construction trade consistent with the applicable employment goals
				  prescribed at
				  N.J.A.C.
				  17:27-7.2 as updated from time to time by the
				  Department of the Treasury and posted on the State website at
www.nj.gov/treasury/contract_compliance/documents/pdf/guidelines/construction_targets.pdf
.
				  The goals are expressed as percentages of the total hours worked on the school
				  facilities project in each trade. The SDA will make these goals available as
				  part of each construction contract.
(b) In determining if a contractor has acted
				  in good faith, the SDA shall consider whether:
1. The contractor has notified the union with
				  whom it has a collective bargaining agreement or referral arrangement, within
				  three business days of the contract award, of the obligations of the contractor
				  under these rules and has sought the cooperation of the union in meeting the
				  minority and women goal requirements;
2. The contractor was able to obtain
				  assurances at least five business days prior to commencement of construction
				  work from the construction trade union that it would refer sufficient minority
				  and women workers directly, consistent with the applicable county employment
				  goal, and whether the contractor attempted to hire or schedule minority and
				  women workers directly, and if possible, minority and women workers residing
				  within the geographical jurisdiction of the union; and
3. The hiring or scheduling of a workforce
				  consistent with the applicable county employment goal could be achieved for
				  each construction trade by adhering to the procedures of (b)1 and 2 above, or
				  whether, if the contractor has a referral agreement or arrangement with a union
				  for a construction trade, the contractor took the following actions consistent
				  with the applicable county employment goals:
i. Notified the SDA's compliance inspector
				  and at least two minority and women referral organizations, a listing of which
				  is maintained by the Division, pursuant to
				  17:27-5.3, of the contractor's
				  labor needs, and requested referrals of minority workers and women
				  workers;
ii. Gave notice of
				  employment opportunities to all minority workers and women workers who were
				  listed with the contractor as awaiting available vacancies;
iii. Employed qualified minority workers and
				  women workers who had been listed with the contractor as candidates for
				  available vacancies; and
iv.
				  Notwithstanding (b)3i through iii above, the contractor shall not be required
				  to employ women and minority advanced trainees and trainees in numbers, which
				  result in the employment of advanced trainees and trainees as a percentage of
				  the total workforce for the construction trade, which percentage significantly
				  exceeds the apprentice-to-journey worker ratio specified in the applicable
				  collective bargaining agreement, or in the absence of a collective bargaining
				  agreement, exceeds the ratio established by practice in the area for said
				  construction trade.