04 NCAC 22 .0608. SELECTION PROCEDURES

(a)  Every sponsor not exempted shall adopt one of the following procedures for selecting apprentices and shall submit a written description of the procedure with the sponsor's request for registration under Rule .0204 of this Chapter:

(1)           Validated Rank Order.

(A)          The sponsor shall select apprentices from a pool of eligible applicants on the basis of the rank order of scores on one or more qualification standards.

(B)          The pool of eligible applicants shall be created from all applicants who meet the minimum requirements for apprenticeship set forth in Rule .0207 of this Chapter and additional qualification standards which are directly related to job performance as shown by a significant statistical relationship between the score required for admission to the pool and performance in the apprenticeship program.  "Additional Qualification Standards" include without limitation aptitude tests, regardless of who administers the test, and educational attainments or achievements (including school records or GED test results).

(C)          In demonstrating the relationship between qualification standards scores and performance in the apprenticeship program, the sponsor shall follow the procedures set forth in 41 C.F.R. Part 60-3, "Uniform Guidelines on Employee Selection Procedure" (August 25, 1978).  See Paragraph (d) of this Rule.

(D)          The sponsor, in its written description of the selection procedure, shall state in detail the qualification standards and the procedures for determining the standards and shall also state the criteria for the specific factors and attributes to be considered in evaluating applicants for admission to the pool.  The sponsor shall specify the score required for each standard in order to gain admission to the pool.  Qualification standards shall be separately required so that an applicant's failure to attain the specified score under a single standard disqualifies the applicant from admission to the pool.

(E)           The sponsor shall not use oral interviews as a qualification standard.  The sponsor may interview an applicant after he is placed in the pool of eligibles and prior to selection for apprenticeship.  The interview shall be limited to objective questions concerning the applicant's fitness to enter the apprenticeship program but shall not include questions concerning qualifications previously determined for entrance into the pool.  The interviewer shall record the questions and the general nature of the applicant's answers and shall prepare a summary of any conclusions.

(F)           The sponsor shall place in the pool of eligibles each applicant who qualifies for admission to the pool and shall notify the applicant.  The sponsor shall notify each applicant who is rejected for admission to the pool or rejected from selection to the program following an oral interview, stating in either event the requirements for admission or selection, the reason(s) for rejection, and the appeal rights available to the applicant.

(2)           Random Selection ("Lottery System").

(A)          The sponsor shall select apprentices from a pool of eligible applicants on a random basis.

(B)          The eligibility pool shall be established in the same manner as for the Validated Rank Order selection procedures, Subparagraph (1) of this Rule, including the validation of qualification standards, oral interviews, and notification of applicants, except that additional qualification standards are not required for admission to the pool.

(C)          The sponsor shall obtain the director's approval for the method of random selection and shall select an impartial person or people, not associated with the administration of the apprenticeship program or the department, to supervise the random selection process.

(D)          The sponsor shall announce the time and place of the random selection at least five days before the selection in a manner calculated to notify all applicants.  The place of selection shall be open to the public at the time of the selection.  Immediately after the selection, the sponsor shall post at its place of business the names of the apprentices selected.

(3)           Restricted Pool.

(A)          The sponsor shall select apprentices from a pool of eligible workers already employed by an employer participating in the program.

(B)          The eligibility pool shall be established and selection from the pool shall be made in the manner provided by a collective bargaining agreement, if applicable, or by the sponsor's established promotion policy.  The sponsor shall include a copy of the relevant portion of the collective bargaining agreement in its written description.

(4)           Alternative Methods.

(A)          The sponsor shall select apprentices according to a method approved by the director which meets the requirements set out in (B) and (C) of this Subparagraph (4).  If the director does not notify the sponsor of approval within 30 days of its submission, the sponsor may implement its alternative method of selection.

(B)          The method of selection shall provide for the selection of apprentices on the basis of objective and specific qualification standards, including but not limited to fair aptitude tests, school diplomas or the equivalent, occupationally essential health requirements, fair interviews, school grades, and previous work experience.  The sponsor shall apply the standards according to the requirements of 41 C.F.R. Part 60-3, as adopted in this Rule.  See Paragraph (d), in this Rule.  The sponsor shall keep records of each interview, including a brief summary and the conclusions on each specific factor (e.g., motivation, ambition, willingness to accept direction, etc.) forming the total judgment.

(C)          Before apprentices are selected from the applicants, the sponsor shall review the minority and female distribution among the apprentices who would be selected on the basis of the sponsor's method of selection.  If it appears that the sponsor's goals will not be met by such selection, the sponsor shall review each factor of its qualification standards to determine which, if any, appear unfairly to screen out minority and female applicants and shall make such adjustments as the review indicates.

(D)          If the sponsor fails to meet its goals within a reasonable period of time, despite its good faith efforts, the director may require the sponsor to change its affirmative action program to the extent necessary to obtain maximum effectiveness toward attaining its goals, including changing its selection procedure or demonstrating that the qualification standards are directly related to job performance, in the manner provided under Subparagraph (1) of this Rule.

(b)  Revisions of a selection procedure shall be made in the manner provided in Rule .0211 of this Chapter, except that an Alternative Method becomes effective 30 days after the director's receipt of the proposed selection procedure unless the director, in writing, either approves or disallows the proposed selection procedure within that time, stating the reason(s) for the disallowance.

(c)  The provisions of 41 C.F.R. Part 60-3, "Uniform Guidelines on Employee Selection Procedures" (August 25, 1978), are hereby adopted by reference.  Copies of 41 C.F.R. Part 60-3 may be obtained from the office of the division.

(d)  The provisions of 41 C.F.R. Part 60-3 are complicated and may be difficult to apply to the sponsor's actual situation. The sponsor is encouraged, whenever it will be helpful to the sponsor in setting up a selection procedure, to apply to the division for assistance and instruction in complying with the provisions of 41 C.F.R. Part 60-3.

 

History Note:        Authority G.S. 94-1; 94-2; 94-4;

Eff. February 1, 1984;

Recodified from Rule 14A .0809 Eff. March 15, 2010;

Transferred from 13 NCAC 14B .0608 Eff. January 1, 2014.