Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › AFFIRMATIVE ACTION PLANS › Section 81.23 - Goals and timetables-when required

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A sponsor adopting one of the selection
				  methods specified in §§
										81.32 and
				  81.33 (relating to selection on
				  basis of rank from pool of eligible applicants; random selection from pool of
				  eligible applicants) and which determines on the basis of the analysis
				  described in §
										81.24 (relating to analysis to
				  determine if deficiencies exist) that it has deficiencies in terms of
				  underutilization of minorities or women-minority and nonminority-or both, in
				  the craft or crafts represented by the program shall include in its affirmative
				  action plan percentage goals and timetables for the admission of minority and
				  female-minority and nonminority-applicants into the eligibility pool.
(b) A sponsor adopting one of the selection
				  methods specified in §§
										81.34 and
				  81.35 (relating to selection from
				  pool of current employes; alternative selection methods) and which determines
				  on the basis of the analysis described in §
										81.24 (relating to analysis to
				  determine if deficiencies exist) that it has deficiencies in terms of the
				  underutilization of minorities or women, or both, in the craft or crafts
				  represented by the program shall include in its affirmative action plan
				  percentage goals and timetables for the selection of minorities or
				  women-minority and nonminority-or both, applicants for the apprenticeship
				  program.
(c) "Underutilization" as
				  used in this section refers to the situation where there are fewer minorities
				  or women-minority and nonminority-or both, in the particular craft or crafts
				  represented by the program than would reasonably be expected in view of an
				  analysis of the factors specified in §
										81.24 (relating to analysis to
				  determine if deficiencies exist). Where, on the basis of such analysis, the
				  sponsor determines that it has no deficiencies, goals, and timetables need not
				  be established; however, where no goals and timetables are established, the
				  affirmative action plan shall include a detailed explanation why no goals and
				  timetables have been established.
(d) Where the sponsor fails to submit goals
				  and timetables as part of its affirmative action plan or submits goals and
				  timetables which are unacceptable, and the Council determines that the sponsor
				  has deficiencies in terms of underutilization of minorities or women-minority
				  and nonminority, the Council shall establish goals and timetables applicable to
				  the sponsor for the admission of minority and female-minority and
				  nonminority-applicants into the eligibility pool or selection of apprentices,
				  as appropriate. The sponsor shall make good faith efforts to attain these goals
				  and timetables.
This section cited in 34 Pa. Code §
												81.33 (relating to random
						selection from pool of eligible applicants); 34 Pa. Code §
												81.34 (relating to selection from
						pool of current employes); and 34 Pa. Code §
												81.35 (relating to alternative
						selection methods).