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in publications having a large circulation among minority groups in the minority groups and women within the unions , and to effect referrals
<br /> area from which the project work force would normally be derived . by such unions of minority and female employees . Actions by the
<br /> contractor either directly or through a contractor's association acting
<br /> a . The contractor will , unless precluded by a valid bargaining as agent will include the procedures set forth below:
<br /> agreement, conduct systematic and direct recruitment through public
<br /> and private employee referral sources likely to yield qualified minority a . The contractor will use best efforts to develop , in coopera-
<br /> group applicants. To meet this requirement, the contractor will tion with the unions , joint training programs aimed toward qualifying
<br /> identify sources of potential minority group employees, and establish more minority group members and women for membership in the
<br /> with such identified sources procedures whereby minority group unions and increasing the skills of minority group employees
<br /> and
<br /> applicants may be referred to the contractor for employment consider- women so that they may qualify for higher paying employment.
<br /> ation .
<br /> b . The contractor will use best efforts to incorporate an EEO
<br /> b . In the event the contractor has a valid bargaining agreement clause into each union agreement to the end that such union will be
<br /> providing for exclusive hiring hall referrals , he is expected to observe contractually bound to refer applicants without regard to their
<br /> race ,
<br /> the provisions of that agreementto the extent thatthe system permits color, religion , sex , national origin , age or disability.
<br /> the contractor's compliance with EEO contract provisions. (The DOL
<br /> has held that where implementation of such agreements have the c. The contractor is to obtain information as to the
<br /> referral
<br /> effect of discriminating against minorities or women , or obligates the practices and policies of the labor union except that to the
<br /> extent
<br /> contractor to do the same , such implementation violates Executive such information is within the exclusive possession of the labor union
<br /> Order 11246 , as amended . ) and such labor union refuses to furnish such information to the
<br /> contractor, the contractor shall so certify to the SHA and shall set
<br /> c. The contractorwill encourage his present employees to refer forth what efforts have been made to obtain such information .
<br /> minority group applicants for employment. Information and proce-
<br /> dures with regard to referring minority group applicants will be d . In the event the union is unable to provide
<br /> the contractor
<br /> discussed with employees. with a reasonable flow of minority and women referrals within the time
<br /> limit set forth in the collective bargaining agreement, the contractor
<br /> 5 . Personnel Actions : Wages , working conditions , and employee will , through independent recruitment efforts, fill the employment
<br /> benefits shall be established and administered , and personnel actions vacancies without regard to race , color, religion , sex , national origin
<br />,
<br /> of every type , including hiring , upgrading , promotion , transfer, age or disability; making full efforts
<br /> to obtain qualified and/or
<br /> demotion , layoff, and termination , shall be taken without regard to qualifiable minority group persons and women . (The DOL
<br /> has held
<br /> race , color, religion , sex, national origin , age or disability. The that it shall be no excuse that the union with which
<br /> the contractor has
<br /> following procedures shall be followed : a collective bargaining agreement providing for exclusive referral
<br /> a . The contractor will conduct periodic inspections of project failed to refer minority employees . ) In the event the union
<br /> referral
<br /> sites to insure that working conditions and employee facilities do not practice prevents the contractor from meeting the
<br /> obligations
<br /> indicate discriminatory treatment of project site personnel . pursuant to Executive Order 11246 , as amended , and these special
<br /> b . The contractorwill periodically evaluate the spread of wages provisions , such contractor shall immediately notify the SHA .
<br /> paid within each classification to determine any evidence of discrimi- 8 . Selection of Subcontractors, Procurement of Materials and
<br /> natory wage practices . Leasing of Equipment : The contractor shall not discriminate on the
<br /> grounds of race , color, religion , sex , national origin , age or disability
<br /> c. The contractor will periodically review selected personnel in the selection and retention of subcontractors , including procure-
<br /> actions in depth to determine whetherthere is evidence ofdiscrimina- ment of materials and leases of equipment.
<br /> tion . Where evidence is found , the contractor will promptly take
<br /> corrective action . If the review indicates that the discrimination may a . The contractor shall notify all potential subcontractors
<br /> and
<br /> extend beyond the actions reviewed , such corrective action shall suppliers of his/her EEO obligations under this contract.
<br /> include all affected persons .
<br /> b . Disadvantaged business enterprises ( DBE ) , as defined in 49
<br /> d . The contractor will promptly investigate all complaints of CFR 23 , shall have equal opportunity to compete for and perform
<br /> alleged discrimination made to the contractor in connection with his subcontracts which the contractor enters into pursuant
<br /> to this
<br /> obligations under this contract, will attempt to resolve such com- contract. The contractor will use his best efforts to
<br />solicit bids from
<br /> plaints , and will take appropriate corrective action within a reasonable and to utilize DBE subcontractors or subcontractors with meaningful
<br /> time . If the investigation indicates that the discrimination may affect minority group and female representation among their employees
<br />.
<br /> persons other than the complainant, such corrective action shall Contractors shall obtain lists of DBE construction firms
<br /> from SHA
<br /> include such other persons . Upon completion of each investigation , personnel .
<br /> the contractor will inform every complainant of all of his avenues of
<br /> appeal . c. The contractorwill use his best efforts to ensure subcontrac-
<br /> 6 . Training and Promotion : tor compliance with their EEO obligations .
<br /> 9 . Records and Reports : The contractor shall keep such records
<br /> a . The contractor will assist in locating , qualifying , and as necessary to document compliance with the EEO requirements
<br />.
<br /> increasing the skills of minority group and women employees , and Such records shall be retained for a period of three years following
<br /> applicants for employment. completion of the contract work and shall be available at reasonable
<br /> times and places for inspection by authorized representatives of the
<br /> b . Consistent with the contractor's workforce requirements and SHA and the FHWA.
<br /> as permissible under Federal and State regulations, the contractor
<br /> shall make full use of training programs , i . e . , apprenticeship , and a . The records kept by the contractor shall
<br /> document the
<br /> on-the-job training programs for the geographical area of contract following :
<br /> performance . Where feasible , 25 percent of apprentices or trainees
<br /> in each occupation shall be in their first year of apprenticeship or ( 1 ) The number of minority and non-minority
<br /> group
<br /> training . In the event a special provision for training is provided under members and women employed in each work classification on the
<br /> this contract, this subparagraph will be superseded as indicated in the project;
<br /> special provision .
<br /> (2 ) The progress and efforts being made in cooperation
<br /> c. The contractor will advise employees and applicants for with unions , when applicable , to increase employment opportunities
<br /> employment of available training programs and entrance require- for minorities and women ;
<br /> ments for each .
<br /> (3 ) The progress and efforts being made in locating , hiring ,
<br /> d . The contractor will periodically review the training and training , qualifying , and upgrading minority and female employees
<br />;
<br /> promotion potential of minority group and women employees and will and
<br /> encourage eligible employees to apply for such training and promo-
<br /> tion . (4 ) The progress and efforts being made in securing the
<br /> services of DBE subcontractors or subcontractors with meaningful
<br /> 7 . Unions : If the contractor relies in whole or in part upon unions minority and female representation among their employees .
<br /> as a source of employees , the contractor will use his/her best efforts
<br /> to obtain the cooperation of such unions to increase opportunities for b . The contractors will submit an annual report to the SHA
<br /> Page 2 Form FHWA- 1273 ( Rev . 3-94 )
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