Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › SELECTION OF APPRENTICES › Section 81.32 - Selection on basis of rank from pool of eligible applicants

Current through Register Vol. 54, No. 28, July 13, 2024
The sponsor who adopts the method of selecting apprentices
					 on the basis of rank from a pool of eligible applicants shall comply with the
					 following:
(1)
Selection.
A sponsor may select apprentices from a pool of eligible applicants
				  on the basis of the rank order of scores of applicants on one or more
				  qualification standards where there is a significant statistical and practical
				  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 the United States Department of Labor Order of
				  September 9, 1968 (33 FR 14392, September 24, 1968) covering the validation of
				  employment tests of contractors and subcontractors subject to the provision of
				  Executive Order 11246, as amended.
(2)
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 and the
				  sponsor's minimum physical requirements; provided that any additional
				  qualification standards conform with the following requirements:
(i)
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 and practical relationship between the score on the
				  standards, and the score required for admission to the pool, and performance in
				  the apprenticeship program. In demonstrating such relationships, the sponsor
				  shall follow the procedures set forth in 41 CFR Part 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.
(ii)
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 and practical relationships between the score on the aptitude
				  tests, and the score required for admission to the pool, and performance in the
				  apprenticeship program. In determining such relationships, the sponsor shall
				  follow the procedures set forth in 41 CFR Part 60-3 . This requirement shall
				  also be applicable to aptitude tests utilized by a program sponsor which are
				  administered by a State employment service agency; a private employment agency,
				  or any other person, agency, or organization engaged in the selection or
				  evaluation of personnel.
(iii)
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 and practical
				  relationship between the score, and the score required for admission to the
				  pool, and performance in the apprenticeship program. In demonstrating such
				  relationships, the sponsor shall meet the requirements of 41 CFR Part 60-3 .
				  School records or the results of 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.