Nev. Admin. Code § 610.860

Current through December 31, 2024
Section 610.860 - Use of other methods of selection; standards of qualification; requirements of sponsor
1. A sponsor may select apprentices by any other method, including its present selection method, if the sponsor meets the requirements of this section.
2. By January 6, 1980, the sponsor shall establish the method of selection it proposes to use and submit it to the Council, together with the rest of its written program for affirmative action. If required by NAC 610.710 to 610.760, inclusive, the sponsor must include its percentage goals and timetables for the selection of female and minority applicants for apprenticeship and its written analysis upon which such goals and timetables, or lack thereof, are based.
3. The sponsor may not use any method of selection allowed by subsection 1 until the Council approves it as meeting the requirements of subsection 4 and approves the remainder of its program for affirmative action, including its goals and timetables.
4. If the Council fails to act upon the method of selection and the program for affirmative action within 30 days after its submission, the sponsor may begin to use the selection method.
5. Apprentices must be selected on the basis of objective and specific standards of qualification. Standards may include fair aptitude tests, diplomas from schools or their equivalent, a minimum and maximum age, essential requirements of health and strength, fair interviews, grades achieved in schools and previous experiences of working. If interviews are used as a standard for qualification, adequate records must be kept and must include a brief summary of each interview and the conclusions reached regarding each of the specific factors used at the interview, including the applicant's motivation, ambition and willingness to accept direction. The program sponsor shall meet the requirements set forth in 41 C.F.R. Part 60-3 when it applies the standards listed in this subsection.
6. The sponsor's compliance with its obligations under these regulations will be determined under the provisions of NAC 610.760. A sponsor must also meet the following requirements:
(a) If a sponsor fails to meet its goals and timetables within a reasonable period of time and has made efforts in good faith to do so, the Council may require the sponsor to make appropriate changes in its program for affirmative action to the extent necessary to attain its goals.
(b) The sponsor may also be required to develop and adopt an alternative method of selection, including a method prescribed by the Council, if the Council determines that the failure of the sponsor to meet its goals is attributable in substantial part to its present method of selection.
(c) If the sponsor's failure to meet its goals is attributable in substantial part to its use of a standard of qualification which has adversely affected the opportunities of women and minority persons for apprenticeship, the Council may require the sponsor to demonstrate that the standard of qualification is directly related to the performance of the job.

Nev. Admin. Code § 610.860

Apprenticeship Council, Equal Employment Opportunity, § 6 subsec. b par. 4, eff. 9-11-76, A 10-6-78

NRS 610.090, 610.144