DWD 296.06(2)(b)1.1. A sponsor may select apprentices from a pool of eligible applicants on a random basis. The method or random selection is subject to approval by the agency. Supervision of the random selection process shall be by an impartial person or persons selected by the sponsor, but not associated with the administration of the apprenticeship program. The time and place of the selection, and the number of apprentices to be selected, shall be announced. The place of the selection shall be open to all applicants and the public. The names of apprentices drawn by this method shall be posted immediately following the selection at the program sponsor's place of business.
DWD 296.06(2)(b)2.
2. The sponsor adopting this method of selecting apprentices shall meet the requirements of
par. (a) 3. to
5. relating to the creation of pool of eligibles, oral interviews and notification of applicants.
DWD 296.06(2)(b)3.
3. Goals and timetables. The sponsor shall establish, where required by
s. DWD 296.05 (4), percentage goals and timetables for the admission of minority and/or women (minority and nonminority) into the pool of eligibles in accordance with the provisions of
s. DWD 296.05 (4),
(5),and
(6).
DWD 296.06(2)(b)4.
4. Compliance. Determinations as to the sponsor's compliance with its obligations under these rules shall be in accordance with the provisions of
par. (a) 7.
DWD 296.06(2)(c)1.1. Selection. A sponsor may select apprentices from an eligibility pool of workers already employed by the program sponsor in a manner prescribed by a collective bargaining agreement where such exists, or by the sponsor's established promotion policy. The sponsor adopting this method of selecting apprentices shall establish goals and timetables for the selection of minority and/or female (minority and nonminority) apprentices, unless the sponsor concludes, in accordance with the provisions of
s. DWD 296.05 (4),
(5) and
(6) that it does not have deficiencies in terms of underutilization of minorities and/or women (minority and nonminority) in the apprenticeship of journeymen crafts represented by the program.
DWD 296.06(2)(c)2.
2. Compliance. Determination as to the sponsor's compliance with its obligations under the regulations shall be in accordance with the provisions of
par. (a) 7.
DWD 296.06(2)(d)1.1. Selection. A sponsor may select apprentices by means of any other method, including its present selection method, provided that the sponsor meets the following requirements:
DWD 296.06(2)(d)1.a.
a. Within 90 days of the effective date of this plan, the sponsor shall submit to the agency 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 by
s. DWD 296.05 (4), its percentage goals and timetables for the selection of minority and/or female (minority and nonminority) 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
s. DWD 296.05 (4),
(5), and
(6). The sponsor may not implement any such selection method until the agency has approved the selection method as meeting the requirements of qualifications standards of
par. (d) 1. and has approved the remainder of its affirmative action program including its goals and timetables. If the agency 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 plan.
DWD 296.06(2)(d)1.b.
b. Apprentices shall be selected on the basis of objective and specific qualification standards. Examples of such standards as fair aptitude tests, school diplomas or equivalent, occupation- ally essential physical requirements, fair interviews, school grades, and previous work experience. Where interviews are used, adequate records shall he kept including a brief summary of each interview and the conclusions on each of the specific factors, e.g., motivation, ambition, and willingness to accept direction which are part of the total judgment. In applying any such standards, the sponsor shall meet the requirements of
41 CFR Part 60-
3.
DWD 296.06(2)(d)2.
2. Compliance. Determination as to the sponsor's compliance with its obligations under these regulations shall be in accordance with the provisions of
par. (a) 7. Where a sponsor uses this selection method and despite its good faith efforts, fails to meet its goals and timetables, 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 agency, 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 and timetables is attributable in substantial part to its use of a qualification standard the sponsor may be required to demonstrate that such qualification standard is directly related to job performance, in accordance with the provisions of
par. (a) 3.
DWD 296.06 History
History: Cr.
Register, July, 1967, No. 139, eff. 8-1-67; r. and recr.
Register, August, 1972, No. 200, eff. 9-1-72; am.
Register, November, 1978, No. 275, eff. 12-1-78; renum. from Ind 85.16,
Register, April, 1981, No. 304, eff. 5-1-81; corrections made under s. 13.93 (2m) (b) 4. and 7., Stats.,
Register, February, 1996, No. 482.
DWD 296.07
DWD 296.07
Existing list of eligibles and public notice. DWD 296.07(1)(1) A sponsor adopting a selection method under
s. DWD 296.06 (2) (a) (b), and a sponsor adopting a selection method under
s. DWD 296.06 (2) (d) who determines that there are fewer minorities and/or women (minority and nonminority) on its existing lists of eligibles than would reasonably be expected in view of the analysis described in
s. DWD 296.05 (5) shall discard all existing eligibility lists upon approval and adoption of their selection methods and affirmative action plan. New eligibility lists shall be established and current copies will be provided the agency. The sponsor shall provide at least 30 days of public notice in advance of the earliest date applicants may apply and establish a reasonable period of not less than 2 weeks for accepting applications for the eligibility lists. Notification procedures shall be outlined in the sponsor's affirmative action plan.
DWD 296.07(2)
(2) Applicants who have been placed in a pool of eligibles shall be retained on lists of eligibles subject to selection for a period of 2 years. Applicants may be removed from the list at an earlier date by their request or following their failure to respond to an apprentice job opportunity given by registered return receipt mail notice. Applicants who have been accepted in the program shall be afforded a reasonable period of time in light of the customs and practices of the industry for reporting for work. All applicants shall be treated equally in determining such period of time. It shall be the responsibility of the applicant to keep the sponsor informed of a current mailing address. A sponsor may restore to the list of eligibles an applicant who has been removed from the list at his or her request or who has failed to respond to an apprenticeship job opportunity.
DWD 296.07 History
History: Cr.
Register, August, 1972, No. 200, eff, 9-1-72; am.
Register, November, 1978, No. 275, eff. 12-1-78; renum. from Ind 85.17, Register, April. 1981, No. 304, eff. 5-1-81; corrections made under s. 13.93 (2m) (b) 7., Stats.,
Register, February, 1996, No. 482.
DWD 296.08(1)(1)
Obligations of sponsors. Each sponsor shall keep adequate records including a summary of the qualifications of each applicant, the basis for evaluation and for selection or rejection of each applicant, the records pertaining to interviews of applicants, the original application for each applicant, information relative to the operation of the apprenticeship program, including but not limited to job assignment, promotion, demotion, lay-off, or termination, rates of pay, or other forms of compensation or conditions of work, and any other records pertinent to a determination of compliance with these regulations, as may be required by the agency. The records pertaining to individual applicants, whether selected or rejected shall be maintained in such manner as to permit identification of minority and female (minority and nonminority) participants.
DWD 296.08(2)
(2) Affirmative action plans. Each sponsor must retain a statement of its affirmative action plan required by
s. DWD 296.05 for the prompt achievement of full and equal opportunity in apprenticeship, including all data and analysis made pursuant to the requirements of
s. DWD 296.05. Sponsors shall annually review their affirmative action plan and update it where necessary.
DWD 296.08(3)
(3) Qualification standards. Each sponsor must maintain evidence that its qualification standards have been validated in accordance with the requirements set forth in
s. DWD 296.05 (2).
DWD 296.08(4)
(4) Maintenance of records. The records required by this plan and any other information relevant to compliance with these rules. shall be maintained for 5 years and made available upon request to the agency or the department of labor.
DWD 296.08(5)
(5) Records of the agency. The agency will keep adequate records, including registration requirements, approved individual program standards, registration actions, deregistration actions, program compliance reviews and investigations, individual program minority count, total apprenticeship minority count, individual sex count, and total sex count pertinent to a determination of compliance with this plan. The agency will make reports to the department that are reasonably pertinent to the compliance of this plan as required.
DWD 296.08 History
History: Cr.
Register, August, 1972, No. 200, eff. 9-1-72; am.
Register, November, 1978, No. 275, eff. 12-1-78; renum. from Ind 85.18,
Register, April, 1981, No. 304, eff. 5-1-81; corrections made under s. 13.93 (2m) (b) 7., Stats.,
Register, February, 1996, No. 482.
DWD 296.09
DWD 296.09
Compliance reviews. The agency will regularly conduct systematic review of apprenticeship programs in order to determine the extent to which sponsors are complying with these rules and will also conduct compliance reviews undertaking sanctions under
s. DWD 296.13. In the case of sponsors seeking new registration, the agency will provide appropriate recommendations to the sponsor to enable it to achieve compliance for registration purposes.
DWD 296.09 History
History: Cr.
Register, August, 1972, No. 200, eff. 9-1-72; am.
Register, November, 1978, No. 275, eff. 12-1-78; renum. from Ind 85.19,
Register, April, 1981, No. 304, eff. 5-1-81; correction made under s. 13.93 (2m) (b) 7., Stats.,
Register, February, 1996, No. 482.
DWD 296.10
DWD 296.10
Noncompliance With federal and state equal opportunity requirements. A pattern of practice of noncompliance by a sponsor (or where the sponsor is a joint apprenticeship committee, by one of the parties represented on such committee) with federal or state laws or regulations requiring equal opportunity may be grounds for the imposition of sanctions in accordance with
s. DWD 296.13 if such compliance is related to the equal employment opportunity of apprentices and/or graduates of such an apprenticeship program under this plan. The sponsor shall take affirmative steps to assist and cooperate with employers and unions in fulfilling their equal employment opportunity obligations.
DWD 296.10 History
History: Cr.
Register, August, 1972, No. 200, eff. 9-1-72; am.
Register, November, 1978. No. 275, eff. 12-1-78; renum. from Ind 85.20,
Register, April, 1981, No. 304, eff. 5-1-81; correction made under s. 13.93 (2m) (b) 7., Stats.,
Register, February, 1996, No. 482; correction made under s. 13.93 (2m) (b) 7., Stats.,
Register November 2002 No. 563.
DWD 296.11(1)(a)(a) Apprentices or applicants for apprenticeship who believe that they have been discriminated against on the basis of race, color, religion, national origin, or sex with regard to apprenticeship or that the equal opportunity standards have not been followed in the operation of an apprenticeship program may, personally or by an authorized representative, file a complaint with the agency or with a private review body established pursuant to
par. (c). The complaint shall be in writing and shall be signed by the complainant. It must include the name, address, and telephone number of the person allegedly discriminated against, the program sponsor involved, and a brief description of the circumstances causing the complaint.
DWD 296.11(1)(b)
(b) The complaint must be filed not later than 180 days from the date of the alleged discrimination or specified failure to follow the equal opportunity standards; and, in the case of complaints filed directly with review bodies designated by program sponsors to review such complaints, any referral of such complaint by the complainant to the agency must occur within the time limitation stated above or 30 days from the final decision of such review body, whichever is later. The time may be extended by the agency for good cause shown.
DWD 296.11(1)(c)
(c) Sponsors are encouraged to establish fair, speedy and effective procedures for a review body to consider complaints or failure to follow the equal opportunity standards. A private review body established by the program sponsor for this purpose should number 3 or more responsible persons from the community serving in this capacity without compensation.
DWD 296.11(1)(d)
(d) Members of the review body should not be directly associated with the administration of an apprenticeship program. Sponsors may join together in establishing a review body to serve the needs of programs within the community.
DWD 296.11(2)(a)1.1. When the sponsor has designated a review body for reviewing complaints, and if the agency determines that such review body will effectively enforce the equal opportunity standards, the agency, upon receiving a complaint shall refer the complaint to the review body.
DWD 296.11(2)(a)2.
2. The agency shall, within 30 days following the referral of a complaint to the review body, obtain reports from the complainant and the review body as to the disposition of the complaint. If the complaint has been satisfactorily adjusted, and there is no other indication of failure to apply equal opportunity standards, the case shall be closed and the parties appropriately informed.
DWD 296.11(2)(a)3.
3. When a complaint has not been resolved by the review body within 90 days or where, despite satisfactory resolution of the particular complaint by the review body, there is evidence that the equal opportunity practices of the apprenticeship program are not in accordance with this plan, the agency may conduct such compliance review as found necessary, and will take all necessary steps to resolve the complaint.
DWD 296.11(2)(b)
(b) Where no review body exists, the agency may conduct such compliance review as found necessary in order to determine the facts of the complaint, and obtain such other information relating to compliance with these regulations as the circumstances warrant.
DWD 296.11 History
History: Cr.
Register, August, 1972, No. 200, eff. 9-1-72; am
Register, November, 1978, No. 275, eff. 12-1-78; renum. from Ind 85.21,
Register, April, 1981, No. 304, eff. 5-1-81.
DWD 296.12
DWD 296.12
Adjustments in schedule for compliance review or complaint processing. If, in the judgment of the agency, a particular situation warrants and requires special processing and either expedited or extended determination, it shall take the steps necessary to permit such determination if it finds that no person or party affected by such determination will be prejudiced by such special processing.
DWD 296.12 History
History: Cr.
Register, August, 1972, No. 200, eff. 9-1-72; am.
Register, November, 1978, No. 275, eff. 12-1-78; renum. from Ind 85.22,
Register, April, 1981, No. 304, eff. 5-1-81.
DWD 296.13(1)(1)
Agency actions. Where the agency, as a result of a compliance review or other reason, determines that there is reasonable cause to believe that an apprenticeship program is not operating in accordance with this plan and voluntary collective action has not been taken by the program sponsor, the agency shall institute proceedings to deregister the program or institute court action under the applicable state statutes and it shall refer the matter to the department for referral to the attorney general with recommendations for the institution of a court action by the attorney general under title VII of the civil rights act of 1964.
DWD 296.13(2)
(2) Deregistration. Deregistration proceedings shall be conducted in accordance with the following procedures:
DWD 296.13(2)(a)
(a) The agency shall notify the sponsor, in writing, that a determination of reasonable cause has been made under
sub. (1) and that the apprenticeship program may be deregistered unless, within 15 days of the receipt of the notice, the sponsor requests a hearing. The notification shall specify the facts on which the determination is based.
DWD 296.13(2)(b)
(b) If, within 15 days of the receipt of the notice provided for in
sub. (1), the sponsor mails a request for a hearing, the department shall convene a hearing in accordance with
sub. (3).
DWD 296.13(2)(c)
(c) The department shall make a final decision on the basis of the record before it, which shall consist of the compliance review file and other evidence presented and, if a hearing was conducted pursuant to
sub. (3), the proposed findings and recommended decision of the hearing officer. In its discretion, the department may allow the sponsor a reasonable time to achieve voluntary corrective action. If the department's decision is that the apprenticeship program is not operating in accordance with this plan, it will implement action as referred to In
sub. (1). In each case in which such action is ordered, the department shall make public notice of the order and shall notify the sponsor and the complainant, if any, and the department. The agency shall inform any sponsor whose program has been deregistered that it may appeal such deregistration to the department in accordance with procedures of
29 CFR 30.15.
DWD 296.13(3)
(3) Hearings. Hearings shall be conducted in accordance with the following procedures:
DWD 296.13(3)(a)
(a) Within 30 days of its receipt of a request for a hearing, the department shall designate a hearing officer. The hearing officer shall give reasonable notice of such hearing by registered mail, return receipt requested, to the sponsor. Such notice shall include a reasonable time and place of hearing; a statement of the provisions of this plan pursuant to which the hearing is to be held; and a concise statement of the matters pursuant to which the action forming the basis of the hearing is proposed to be taken.
DWD 296.13(3)(b)
(b) The hearing officer shall regulate the course of the hearing. Hearings shall be informally conducted. Every party shall have the right to counsel, and a fair opportunity to present his or her case including such cross-examination as may be appropriate in the circumstances. Hearing officers shall make their proposed findings and recommended decisions to the department upon the basis of the record before them.
DWD 296.13 History
History: Cr.
Register, August, 1972, No. 200, eff. 9-1-72; am.
Register, November, 1978, No. 275, eff. 12-1-78; renum. from Ind 85.23,
Register, April, 1981, No. 304, eff. 5-1-81.
DWD 296.14
DWD 296.14
Reinstatement of program registration. Any apprenticeship program deregistered pursuant to this plan may be reinstated upon presentation of adequate evidence to the department that the apprenticeship program is operating in accordance with this plan.
DWD 296.14 History
History: Cr.
Register, August, 1972, No. 200, eff. 9-1-72; am.
Register, November, 1978 No. 275, eff. 12-1-78; renum. from Ind 85.24,
Register, April, 1981, No. 304, eff. 5-1-81.
DWD 296.15
DWD 296.15
Intimidatory or retaliatory acts. Any intimidation, threat, coercion, or retaliation by or with the approval of any sponsor against any person for the purpose of interfering with any right or privilege secured by Wisconsin's apprenticeship or fair employment practices laws, Title VII of the Civil Rights Act of 1964, executive order 11246 as amended, or because he/she has made a complaint, testified, assisted, or participated in any manner in an investigation proceeding, or hearing under this plan shall be considered noncompliance with the equal opportunity standards of this plan. The identity of complainants shall he kept confidential except to the extent necessary to carry out the purpose of this plan, including the conduct of any investigation, hearing or judicial proceeding arising therefrom.
DWD 296.15 History
History: Cr.
Register, August, 1972, No. 200, eff. 9-1-72; am.
Register, November, 1978, No. 275, eff. 12-1-78; renum. from Ind 85.25,
Register, April, 1981, No. 304, eff. 5-1-81.
DWD 296.16
DWD 296.16
Nondiscrimination. The commitments contained in the sponsor's affirmative action program are not intended and shall not be used to discriminate against any qualified applicant or apprentice on the basis of race, color, religion, national origin, or sex.
DWD 296.16 History
History: Cr.
Register, August, 1972, No. 200, eff. 9-1-72; renum. from Ind 85.26,
Register, April, 1981, No. 304, eff. 6-1-81.
DWD 296.17
DWD 296.17
Exemptions. Requests for exemption from these regulations, or any part thereof, shall be made in writing to the department and shall contain a statement of reasons supporting the request. Exemptions may be granted for good cause. The agency will immediately notify the department any such exemptions granted affecting a substantial number of employees and the reasons therefor,
DWD 296.17 History
History: Cr.
Register, August, 1972, No. 200, eff. 9-1-72; am.
Register, November, 1978, No. 275, eff. 12-1-78; renum. from Ind 85.27,
Register, April, 1981, No. 304, eff. 5-1-81.
