Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part IV - Apprenticeship and Training Council › Chapter 81 - EQUAL OPPORTUNITY IN APPRENTICESHIP PROGRAMS › SELECTION OF APPRENTICES › Section 81.35 - Alternative selection methods

Current through Register Vol. 54, No. 28, July 13, 2024
A sponsor may select apprentices by any other method than
					 those specified in this chapter, including its present selection method, if
					 such sponsor complies with the following:
(1)
Selection method and goals and
				  timetables.
Within 90 days of the effective date of this chapter, the
				  sponsor shall submit to the Council a detailed statement of the revised
				  selection method it proposes to use along with the rest of its written
				  affirmative action program including, where required, its percentage goals and
				  timetables for the selection of minority or female-minority and nonminority-or
				  both, applicants for apprenticeship and its written analysis, upon which such
				  goals and timetables, or lack thereof, are based. The establishment of goals
				  and timetables shall be in accordance with the provisions of §
										81.23 (relating to goals and
				  timetables-when required). The sponsor may not implement any such selection
				  method until the Council has approved the selection method as meeting the
				  requirements of this section and has approved the remainder of its affirmative
				  action program including its goals and timetables. If the Council fails to act
				  upon the selection method and the affirmative action program within 30 days of
				  its submission, the sponsor may implement the selection method on the effective
				  date of this chapter.
(2)
Qualification standards.
Apprentices shall be selected on the
				  basis of objective and specific qualification standards. Examples of such
				  standards are fair aptitude tests, school diplomas, age requirements,
				  occupationally essential physical requirements, fair interviews, school grades
				  and previous work experience. Where interviews are used, adequate records shall
				  be kept including a brief summary of each interview and the conclusions on each
				  of the specific factors, such as motivation, ambition, and willingness to
				  accept direction which are part of the total judgment.
(3)
Goals and timetables.
The sponsor shall meet the requirements of §
										81.32(5)
				  (relating to selection on basis of rank from pool of eligible applicants).
				  Where a sponsor, despite its good faith efforts, fails to meet its goals and
				  timetables within a reasonable period of time, the sponsor may be required to
				  make appropriate changes in its affirmative action program to the extent
				  necessary to obtain maximum effectiveness towards the attainment of its goals.
				  The sponsor may also be required to develop and adopt an alternative selection
				  method, including a method prescribed by the Council where it is determined
				  that the failure of the sponsor to meet its goals is attributable in
				  substantial part to the selection method. Where the sponsor's failure to meet
				  its goals is attributable in substantial part to its use of a qualification
				  standard which had adversely affected the opportunities of minorities or
				  women-minority and nonminority-or both, for apprenticeship, the sponsor may be
				  required to demonstrate that such qualification standards are directly related
				  to job performance in accordance with the provisions of §
										81.32(2)(i)
				  (relating to selection on basis of rank from pool of eligible
				  applicants).
This section cited in 34 Pa. Code §
												81.13 (relating to programs
						currently registered); 34 Pa. Code §
												81.23 (relating to goals and
						timetables-when required); 34 Pa. Code §
												81.31 (relating to obligation of
						sponsors); 34 Pa. Code §
												81.41 (relating to existing list
						of eligibles); and 34 Pa. Code §
												81.53 (relating to qualification
						standards).