(A)All methods
leading to the selection of applicants for apprenticeship, and all procedures for direct interview or direct entry under
paragraphs (G) and (H) of this rule, 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 models described separately in paragraphs (D)(2),
(D)(3), (E), and (F) of this rule. The standards shall describe the selection
procedure in detail. A program, regardless of enrollment, may apply a single
selection model for multiple occupation courses, provided that it uses
selection criteria that are valid for each of them. The
standards may provide for exceptions to the selection procedure for any
specified occupation course(s), so as to allow enrollment of apprentices
through one or more of the direct-interview and direct-entry provisions
described in paragraphs (G) and (H) of this rule, subject to the conditions
stated in paragraph (I) of this rule.
(C)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 (as
in effect on 8/1/2022), regarding non-discriminatory selection procedures. Every
selection procedure for
selection, direct interview, or direct entry 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)(2)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 8/1/2022); and
(b)EEOC's
implementing regulations at part 1630 (as in effect on
5/1/2020 8/1/2022).
(4)(3)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)(4)The selection
procedure is to be uniformly and consistently applied to all applicants and
apprentices.
(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 (D)(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 (D)(2) and (D)(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.
(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 procedure, 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 procedure is to 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 (D)(2) or (D)(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 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. 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.
(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 selection procedure is
described in the program standards and is determined by the council office to
be fair, impartial, and equitable.
(F)Alternative
selection procedure. A sponsor may select apprentices by means of a 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 5101:11-6 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.
(G)A program registered by the council
office may exercise an exception to its selection procedure for one or more
occupation course(s), in order to directly enroll each applicant who meets a
specific direct-entry criterion of a program that is registered by the United
States department of labor office of apprenticeship (OA) and that is identified
by the sponsor. The sponsor may, but need not be, affiliated with the
organization that operates the cited OA-registered program. All direct-entry
procedures are subject to the conditions defined in paragraph (I) of this rule.
(H)For one or more occupation course(s)
using an eligibility pool selection procedure under paragraph (D) of this rule,
a program registered by the council office may exercise an exception to the
pool admission process, and proceed directly to the interview stage of
selection ("direct interview"), for each applicant who meets a
specific direct-interview criterion for an OA-registered apprenticeship program
that is identified by the sponsor. The sponsor may, but need not be, affiliated
with the organization that operates the cited OA-registered program. All
direct-interview procedures are subject to the conditions defined in paragraph
(I) of this rule.
(I)All exceptional procedures under
paragraph (G) and (H) of this rule, are subject to approval by the council
office. A separate exceptional procedure is defined by each applicant
criterion. An occupational course may employ more than one such procedure for a
given occupational course. For each direct-entry and direct-interview
procedure, the respective program standards will include a description
specifying the respective occupation course; the methods to be used for
documenting adherence to paragraph (I) of this rule; the criterion of
individual eligibility for receiving the exception; the documentation that will
verify eligibility; the means by which documentation will be obtained; a
process for notifying the public and every applicant about the exception
option; the process for applicants to request the option; and the specific
OA-registered occupation course, if any, that serves as a model for the
direct-entry or direct-interview procedure. The respective occupation course is
subject to the following conditions:
(1)An exceptional procedure is only to be
used as a remedy for under-enrollment. It may only be initiated when the regular
selection procedure renders an insufficient number of enrollments to fill
available openings in the respective occupation course during a period to be
designated as an "application interval." This period is equal to one
full selection cycle, except that for an occupation course with a continual
selection cycle, the interval will be three consecutive calendar months. A
shorter or longer application interval than the one so defined, may be approved
by the council office. For purposes of this rule, a continual selection cycle
pertains to any occupation course that plans under its program standards to
accept applications at least once a month and to process them for program
enrollment more often than once every three months.
(2)The regular selection procedure is not
to be discontinued, nor undergo any reduction of administrative effort or
resources, as a result of using one or more exceptional procedure(s). At every
application interval subsequent to initiating the exception, the sponsor will
determine whether the regular selection procedure has rendered enough
enrollments for openings in the respective occupation course, in which case the
use of all exceptional procedures will be suspended in that course until
another full application interval renders insufficient enrollments for the
course.
(3)The sponsor will notify the council
office upon each initiation and suspension of an exceptional procedure, and for
each application cycle(s) during which it is in use, will document the number
of apprenticeship openings, the number of enrollments achieved through the
regular selection procedure, and the number achieved through each exceptional
procedure.
(4)Each person enrolled through the use of
direct interview or direct entry, will be evaluated for eligibility to receive
advanced credit toward on-the-job training (OJT) and related instruction, in
the manner described in approved standards for the respective occupation
course. Subsequent retention in the course will be conditional on eligibility
for a sufficient amount of credit, lacking which the individual will be removed
from the program pending re-application and enrollment through the regular
selection procedure. In such cases, each re-application will be processed in
the order appropriate to its filing date. Sufficient credit and the filing date
of re-applications will be determined by the following provisions:
(a)For an exceptional procedure in which
the applicant criterion does not include specific amounts of relevant prior
experience or training, any amount of advanced credit is sufficient for retention.
In the event of removal for lack of credit, the re-application date will be the
same as that of the existing exception-based application.
(b)For an exceptional procedure in which
the applicant criterion includes specific amounts of relevant prior experience
or training, sufficient credit for retention in the occupation course will
comprise an amount commensurate with those criteria. In the event of
insufficiency, the re-application will be dated as of when a new application is
filed.
(5)No person whose current application or
re-application was processed pursuant to an exceptional procedure, will be
accepted for the relevant enrollment or eligibility pool, prior to anyone who
at that time had qualified for acceptance through the regular selection procedure.
Individuals will be accepted in the order by which they are found to be
qualified, rather than the order in which their applications are processed.
(G)(J)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.
(H)(K)The sponsor may revise its a selection and/or
exceptional procedure, but may not implement the revised 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: 10/30/2022
Five Year Review (FYR) Dates: 10/1/2025
Certification: CERTIFIED ELECTRONICALLY
Date: 10/20/2022
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, 10/01/2020