(A)All methods
leading to the selection of applicants for apprenticeship, are subject to
approval by the council office. They must be equitable in nature and shall be
applied consistently and fairly.
(B)The standards
shall for each occupation course, stipulate a selection
procedure conforming to one and only one of the four apprentice selection methods models
described separately in paragraphs (CD)(2), (CD)(3), (DE), and (EF) of this rule. The standards shall describe the
selection process procedure
in detail. A program, regardless of enrollment, may apply a single
selection process model for
multiple occupation courses, provided that it uses selection criteria that are
valid for each of them.
(C)Every selection procedure is to meet
the following requirements:
(1)The procedure is to comply with Uniform
Guidelines on Employee Selection Procedures (UGESP), 41 C.F.R. part 60-3 (as in
effect on 5/1/2020), including requirements to evaluate its impact on
participation by race, sex, ethnicity, and disability.
(2)All criteria for selection, as well as
all assessment methods and score thresholds, are to bear a statistically
significant relationship to the performance expected of apprentices in the
program. The sponsor will demonstrate this relationship using the methods set
forth in 41 C.F.R. 60-3, regarding non-discriminatory selection procedures.
(3)The selection procedure will not screen
out or tend to screen out applicants with disabilities, unless it does so
strictly on the basis of eligibility to work in the occupation(s) involved.
Accordingly, the procedure will comply with the following legal codes:
(a)Title I of the ADA (as in effect on
5/1/2020); and
(b)EEOC's implementing regulations at part
1630 (as in effect on 5/1/2020).
(4)The procedure is to have neutral impact
on course participation in terms of Hispanic ethnicity, race, color, religion,
national origin, sex, sexual orientation, age over forty years, genetic
information, and disability.
(5)The selection procedure is to be
uniformly and consistently applied to all applicants and apprentices.
(C)(D) Selection from an open "eligibility
pool." A program may select apprentices from a pool of applicants not
limited to current employees of the sponsor or its affiliate(s), provided that
the pool is created in accordance with the requirements of paragraph (CD)(1) of this rule, and
that for each occupation course, applicants in the pool will be chosen for
enrollment through one and only one of two methods: by random selection or rank,
described respectively in paragraphs (CD)(2) and (CD)(3) of this rule.
(1)Creation of
the pool:
(a)Qualifications
for the pool. The standards shall state in detail the qualification criteria
for admission to the pool, and the process leading to their adoption by the
sponsor. The standards shall also provide an assessment system to be used in
scoring applicants' conformity with these criteria, and shall state the minimal
satisfactory score (i.e., threshold) relating to each criterion, such that
non-attainment disqualifies an applicant from admission to the pool. All criteria as well as score thresholds shall bear a
significant statistical relationship to the performance expected of apprentices
in the program. The sponsor shall demonstrate this relationship using the
procedures set forth in 41 C.F.R. 60-3, regarding non-discriminatory selection
procedures.
(i)Examples.
Qualification criteria may, but need not, include results from one or more of
the following: aptitude tests, school courses, general educational development
(GED), occupationally relevant health exams, and work experience.
(ii)Oral
interviews. Applicants shall not receive oral interviews before admission to an
eligibility pool. However, interview results may be used as a basis for removing
a candidate from the pool and/or as a factor, supplementing assessment scores,
in ranking an applicant's eligibility for selection. If included in the
selection processprocedure,
interviews must be limited to objective questions and shall not relate to qualifications
already assessed for admission to the pool. For each applicant, the interviewer
shall record the question(s) asked and summarize the answer(s) and any
resulting conclusions about fitness for the program.
(b)Application
process. A program using a pool method procedure is to must allow
two weeks or longer for each period of accepting applications. The sponsor
shall give public notice of the application period at least thirty days before
it starts.
(c)Admission to
the pool. Everyone who follows the required process for submitting an
application during an announced application period, shall be assessed for
admission to the pool in the manner described by the standards. Everyone who
meets or exceeds the threshold score(s) in the assessment, shall be admitted to
the pool, named on a "list of eligibles," subject to selection under
paragraph (CD)(2)
or (CD)(3) of this
rule, and notified of his/her admission. Each applicant who fails to meet the
threshold or is found unfit for the program based on results of an oral
interview, shall receive notice of rejection from the pool, stating the reasons
for this action, the requirements for admission, and the appeal rights
available to the applicant.
(d)Retention in
the pool. With the following exceptions exception, each applicant who is admitted to an
eligibility pool, and where applicable, retained based on an interview, shall
remain in the pool, subject to selection, for the next two years. Exceptions include cases covered by paragraph (K) of rule
5101:11-5-02 of the Administrative Code (regarding underrepresented women or
minorities). Also,The exception is that an
applicant may be removed from the pool at his/her request or for failure to
answer an enrollment notice that is sent by certified mail with return receipt
requested. He/she may be re-admitted at the sponsor's discretion within the
two-year period. Applicants selected for enrollment shall be afforded a period
that is reasonable in light of industry customs and practices, to start work in
the program. All applicants shall be treated equally in determining such
period. The applicant shall be responsible for keeping the sponsor informed of
his/her current mailing address.
(2)Random
selection. If applicants in the pool are chosen at random for enrollment, the
selection shall be supervised by some impartial person or persons designated by
the sponsor but not associated with the administration of the program. The time
and place of the selection, and the number of apprentices to be selected, shall
be publicly announced. The selection proceedings shall be open to all
applicants and the public. The names of apprentices drawn by this method shall
be posted at the program sponsor's place of business, immediately following the
selection.
(3)Selection on
the basis of rank. Where pool members are chosen for enrollment based on rank,
they shall be selected in descending order on the scale of eligibility, as
determined by assessment scores and, where applicable, the supplementary factor
of interview results. The standards of any program using this procedure shall
explain the ranking formula, specifying the qualification criteri(on/a)
involved and the manner in which scores will be converted to applicant
rankings.
(D)(E) Selection from current employees. A program may
select apprentices from workers already employed by the sponsor or its
affiliate(s), in a manner prescribed by a collective bargaining agreement where
such exists, or by the sponsor's established promotion policy, provided that
the method used for selection procedure is described in the program standards and is
determined by the council office to be fair, impartial, and equitable.
(E)(F) Alternative selection methodsprocedure. A sponsor may select apprentices by means of
a method procedure that
does not limit applications to existing employees and does not involve
preliminary admission to an eligibility pool, provided that it is based on
objective and specific selection criteria and meets the affirmative action plan
requirements of Chapter 5101:11-56 of the Administrative Code. Acceptable selection
criteria include but are not limited to the qualification measures listed in
paragraph (C)(1)(a)(i) of this rule (regarding eligibility pools), as well as
the results of oral interviews. If interviews are used, they shall comprise a
consistent set of questions. For every interview, an adequate record shall be
kept, stating conclusions about the applicant's conformity to each of these
criteria and summarizing the overall discussion.
(F)(G) The program sponsor shall give each applicant
who is not selected for the program, notice of his or her non-selection,
including the reason(s) for the non-selection, the requirements for selection,
and the appeal rights available to the applicant.
(G)(H) The sponsor may revise its selection methodprocedure, but may
not implement the revised method procedure until the council office has approved it as
being compatible with the equal opportunity requirements under division 5101:11
of the Administrative Code.
Effective: 10/1/2020
Five Year Review (FYR) Dates: 7/6/2020 and 10/01/2025
Certification: CERTIFIED ELECTRONICALLY
Date: 09/14/2020
Promulgated Under: 119.03
Statutory Authority: 4139.03
Rule Amplifies: 4139.03, 4139.05
Prior Effective Dates: 10/08/1971, 10/13/1978, 11/23/1998,
03/22/2004, 06/06/2009, 08/07/2014