of fingerprints to be used for positive identification purposes;

(d) List all prior addresses for the preceding 3 years, in order that certified statements from chief law enforcement officers of towns, cities, or counties in which the applicant has resided may be received attesting to his general reputation, so far as police and court records are concerned;

(e) Provide notarized or witnessed statements from not less than 5 persons, other than relatives, attesting that they have personally known him for at least the 3 years preceding the date of application as a person of good reputation and exemplary conduct, and the extent of personal contact they have had with him.

§ 26.4 Consideration for issuance of

certificate.

(a) The Administrator of the Manpower Administration or his authorized representative may consider an application for, and issue to that person, an Exemplary Rehabilitation Certificate if it is established to his satisfaction that such person has rehabilitated himself, that his character is good, and that his conduct, activities and habits since he was discharged or dismissed have been exemplary for a reasonable period of time, but not less than 3 years prior to the date of application.

(b) The Administrator shall supply a copy of each such Exemplary Rehabilitation Certificate which is issued, to the Secretary of Defense, who shall place such copy in the military personnel record of the individual to whom the certificate is issued.

[32 F.R. 7207, May 13, 1967, as amended at 35 F.R. 532, Jan. 15, 1970]

§ 26.5 Matters to be considered.

Matters to be considered in determining whether a Certificate is to be issued may include the following:

(a) All material submitted in accordance with § 26.3;

(b) The nature of the previous discharge and the reasons for it;

(c) The certified statements received from the chief law enforcement officers in the applicant's locale, as to his conduct for the previous 3 years;

(d) Federal Bureau of Investigation reports obtained through examination of the applicant's fingerprints;

(e) Such independent investigation as the Administrator may make, or as may

(a) If the Administrator of the Manpower Administration or his authorized representative has reason to deny an application for an Exemplary Rehabilitation Certificate, he shall send the applicant a proposal to deny the certificate together with a statement of the reasons therefor.

(b) Within 30 days following the issuance of a proposed denial, the applicant may request that further consideration be given to the matter. Such request shall be mailed to the Administrator, Manpower Administration, U.S. Department of Labor, Washington, D.C. 20210 Attention: XRC. It shall state the reasons why he feels the proposed denial is improper and may include any documents which he may wish to have considered. If the applicant wishes to appear in person or by counsel regarding this matter, he should so state in his request and should indicate whether he wishes to be heard in Washington, D.C., or at the nearest regional office of the U.S. Department of Labor. Thereafter, he will be notified of the time and place at which he will be heard and the officer who will hear the applicant's presentation and make recommendations to the Administrator.

(c) If no request for further consideration is made in accordance with paragraph (b) of this section, the proposed denial shall become the final action of the Department of Labor.

(d) Following the close of these proceedings, the entire record shall be considered and the Administrator will make his final decision which shall be transmitted to the applicant. The Administrator's final decision shall be subject to review only by the Secretary of Labor. Requests for such review must be submitted in writing to the Secretary of Labor, U.S. Department of Labor, Washington, D.C. 20210, not more than 30 days following the issuance of the Administrator's decision.

[32 F.R. 7207, May 13, 1967, as amended at 35 F.R. 532, Jan. 15, 1970]

30.15 Quota system barred. 30.16 State agencies.

AUTHORITY: The provisions of this Part 30 issued under 50 Stat. 665, R.S. 161; 29 U.S.C. 50, 5 U.S.C. 301.

SOURCE: The provisions of this Part 30 appear at 28 F.R. 13775, Dec. 18, 1963, unless otherwise noted.

§30.1 Scope and purpose.

This part sets forth policies and procedures to promote equality of opportunity in apprenticeship and training programs registered with the Bureau of Apprenticeship and Training. These policies apply to the selection of apprentices, to waiting lists, and to employment during apprenticeship, and the procedures established provide for review of apprenticeship programs, for processing complaints, for deregistering noncomplying programs and for registering new programs. Provision is also made for cooperative relationships with appropriate State agencies. The purpose of this part is to promote equality of opportunity and to prevent discrimination based on race, creed, color or national origin in all phases of apprenticeship.

§ 30.2 Definitions.

(a) "Bureau" means the Bureau of Apprenticeship and Training.

(b) "Administrator", "Regional Director", and "field representative" mean the Administrator, the Regional Directors and the field representatives of the Bureau.

(c) "Program" means an apprenticeship program registered with the Bureau. (d) "Employer" means any person or organization employing an apprentice whether or not the apprentice is indentured to such person or organization or to some other person or organization.

(e) "Program sponsor" means any person or organization operating an apprenticeship program, irrespective of whether such person or organization is an employer.

§ 30.3 Equal opportunity standards.

Each apprenticeship program registered with the Bureau shall operate on the basis of the following standards:

(a) The selection of apprentices on the basis of qualifications alone, in accordance with objective standards which permit review after full and fair opportunity for application, unless the selections otherwise made would themselves demonstrate that there is equality of opportunity.

(b) The taking of whatever steps are necessary, in acting upon application lists developed prior to this time, to remove the effects of previous practices under which discriminatory patterns of employment may have resulted.

(c) Nondiscrimination in all phases of apprenticeship and employment during apprenticeship after selections are made.

§ 30.4 Selection of apprentices.

Apprentices may be selected by any of the methods prescribed in paragraphs (a), (b) or (c) of this section.

(a) Selection on the basis of qualifications alone. (1) (i) Selection "on the basis of qualifications alone" means that apprentices are chosen from those applicants meeting the minimum qualifications for the trade or craft solely on the basis of their qualifications compared to those of other applicants. Examples of standards by which comparative qualifications may be determined are fair aptitude tests, school diplomas, age requirements, occupationally essential physical requirements, fair interviews, school grades and previous work experience. Under this test, both actual selection for and entry into apprenticeship must be on the basis of comparative qualifications alone. It is not enough for a program sponsor to establish a lengthy list on the basis of minimum qualifications standards and then select apprentices from the list on a basis other than comparative qualifications, such as on the basis of time of application.

(ii) Where the number of applicants meeting the minimum qualifications requirements is greater than the number of job openings, "qualifications alone" means (a) that the applicants are ranked on the basis of criteria which measure comparative qualifications (e.g., fair aptitude tests, etc.) and are selected on the basis of the rankings, or (b) that without ranking each individual, criteria which measure comparative qualifications are used to identify the "best qualified" in a total number not in excess of the total number of apprentice openings and the order of selection for employment from within the "best qualified" group is determined through any nondiscriminatory system.

(2) "Objective standards" means that qualifications and eligibility must be determined by specific requirements so that questions of discrimination in selection can be fairly adjudicated. It does not mean that ali programs must have identical standards for selection. Requirements must be established and disseminated publicly prior to selection. § 30.4(a) (4).)

(See

(3) To "permit review" adequate records of the selection process must be kept and made available to the Bureau upon request. These must include a brief summary of each interview and the conclusions on each of the specific factors, e.g., motivation, ambition, willingness to accept direction, which are part of the total judgment. Such records must be retained for at least two years.

(4) "After full and fair opportunity for application" means, with respect to application lists developed prior to January 17, 1964, that in the development of the list the program sponsor had publicly disseminated information about the availability of apprenticeship opportunities and had allowed a substantial period of time for applicants to apply. After January 17, 1964, "After full and fair opportunity for application" means that the program sponsor, prior to time of selection and at least once annually, except in years when no selections are made, has allowed a substantial period of time for new applicants to apply and former applicants to reapply for apprenticeship, has publicly disseminated full information about the availability of apprenticeship opportunities, and has ranked the new applicants thus received along with previous applicants on the

basis of their comparative qualifications. After January 17, 1964, such information shall be posted at the normal place of application for apprenticeship and disseminated to the local employment service and the local schools, except that where selection is made exclusively from a restricted pool (see paragraph (c) of this section), information need not be disseminated to the local employment service and the local schools.

(b) Selections demonstrating equality of opportunity. (1) Apprentices may be selected in any manner in which the selections themselves demonstrate equality of opportunity.

(2) Apprentices may also be selected in accordance with any plan which assures equality of opportunity and which is acceptable to the Administrator.

(c) Selection from existing employees. Where apprentices are selected from a restricted pool, e.g., from present employees, admissions to the pool as well as selection for apprenticeship must be on a nondiscriminatory basis after January 17, 1964. Selections from the pools may be made on the basis of seniority of employment.

§ 30.5 Necessary action on prior application lists.

Where program sponsors have or adopt a selection system based on qualifications alone as specified in § 30.4(a), the standard stated in § 30.3 (b) does not require any action with regard to "application lists developed prior to this time" beyond that required by § 30.4 (a). Where program sponsors do not have a selection system based on qualifications alone, the standard stated in § 30.3 (b) requires that "application lists developed prior to this time" be opened to the extent necessary to provide current opportunities for selection of qualified members of racial and ethnic minority groups.

§ 30.6 Nondiscriminatory operation.

There must be no discrimination in apprenticeship or employment during ap apprenticeship after selections have been made, including but not limited to job assignment, promotion, layoff or termination, rates of pay or other forms of compensation or conditions of work. All apprentices employed shall be subject to the same job performance requirements. § 30.7 Formal nondiscrimination provisions.

(a) Formal provision required. Except as provided in § 30.7(b), each pro

gram registered with the Bureau must contain in its formal apprenticeship standards or in its underlying collective bargaining agreement a formal nondiscrimination provision which is consistent with the standards in § 30.3. The Bureau suggests the following language as appropriate for adoption by program sponsors desiring to select apprentices on the basis of qualifications alone: "Selection of apprentices under the program shall be made from qualified applicants on the basis of qualifications alone and without regard to race, creed, color, national origin, sex, or occupationally irrelevant physical requirements in accordance with objective standards which permit review, after full and fair opportunity for application; and this program shall be operated on a completely nondiscriminatory basis."

(b) Previously registered programs. Programs registered prior to January 17, 1964, which contain the following provision or generally equivalent language are not required to revise such language in order to comply with paragraph (a): "Selection of apprentices under this program shall be made from qualified applicant without regard to race, creed, color, national origin or physical handicaps; women shall not be barred from apprenticeships for which they qualify."

(c) Equal opportunity standards applicable. Irrespective of the form of the formal nondiscrimination clause adopted or in use, all federally registered programs are required to operate in accordance with the equal opportunity standards in § 30.3 as interpreted in this part. § 30.8 New registrations.

Any program sponsor seeking federal registration of a program after January 17, 1964, must select apprentices on the basis of qualifications alone in accordance with objective standards which permit review after full and fair opportunity for application and must adopt a nondiscrimination clause in the form suggested in § 30.7(a) or its equivalent. In addition to the formal provision requirement, the submission to the Bureau must include a concise statement of the selection procedure and of the selection standards which the program sponsor proposes to apply.

§ 30.9 Program reviews.

The Bureau shall conduct a systematic field review of existing federally registered programs, inform program spon

sors of the equal opportunity standards, encourage their adoption, and take appropriate action regarding programs which do not adopt and operate in accordance with the standards. Each program field review shall involve the following steps:

(a) Notification to the program sponsor of the equal opportunity standards and the taking of all appropriate action to urge their voluntary acceptance.

(b) Maintenance of a file on the program field review: The file shall accompany the report forwarded by the field representative.

(c) Determination of racial and ethnic composition of the program: Where the composition of the program demonstrates that there is equality of opportunity no further field review will be made. A file shall be maintained regarding such programs, which will contain the information which indicates that equal opportunity is being provided. This file shall be forwarded through supervisory channels to the Administrator for review.

(d) Use of the following checklist where further field review is required:

(1) The formal program language requirement. Does the program contain a formal nondiscrimination clause consistent with the equal opportunity standards in § 30.3? (Programs already containing language generally equivalent to that required by Bureau Circular 62-5 are not required to adopt new written provisions. See § 30.7.)

(2) Selection of apprentices:

(i) Selection on the basis of qualifications alone: Does the program select apprentices on the basis of qualifications alone in accordance with objective standards which permit review after full and fair opportunity for application? (See § 30.4(a)), and is the application list composed entirely of applicants selected and ranked solely on the basis of qualifications alone in accordance with objective standards that permit review after full and fair opportunity for application? (See §§ 30.4(a) (4) and 30.5.)

(ii) Alternative selection plan: If the program does not select apprentices on the basis of qualifications alone, has the program adopted an alternative equal opportunity plan for selecting apprentices which assures equality of opportunity and which is acceptable to the Administrator? Does the program operate in accordance with such plan? Field representatives should submit through