Lawriter - OAC - 5101:11-5-01 Equal opportunity requirements.

5101:11-5-01 Equal opportunity requirements.

(A) Obligation of sponsors. Each sponsor of an apprenticeship program shall uniformly apply rules and regulations concerning apprentices, including but not limited to, apprentice recruitment and selection, equality of wages, credit for previous training, periodic advancement, promotion, assignment of work, job performance, rotation among all work processes of the occupation, imposition of penalties or other disciplinary action, and all other aspects of the apprenticeship program administered by the program sponsor.

(B) Equal opportunity pledge. Each sponsor of a registered apprenticeship program shall adhere to, and include in its program standards, the following equal opportunity pledge:

"The recruitment, selection, employment, and training of apprentices shall be without discrimination because of race, color, religion, national origin, sex, or age. The sponsor will take affirmative action to provide equal opportunity in apprenticeship and will operate the apprenticeship program as required under Title 29 of the Code of Federal Regulations, part 30, and the equal employment opportunity regulations of the state of Ohio."

(C) Sponsors under Title VII EEO programs. A sponsor shall not be required to adopt an affirmative action plan under rule 5101:11-5-02 of the Administrative Code, if it submits to the council office and the United States department of labor satisfactory evidence that it is in compliance with an equal employment opportunity program that:

(1) Provides for affirmative action in the recruitment, enrollment, and treatment of apprentices; and

(2) Includes affirmative action goals and timetables that:

(a) Have been approved as meeting the requirements of 29 C.F.R. part 30 and 42 U.S.C. 2000 e; and

(b) Are equal to or greater than the goals and timetables required under rule 5101:11-5-02 of the Administrative Code.

(D) Sponsor review bodies.

(1) Sponsors are encouraged to establish review bodies with fair, speedy and effective procedures for considering complaints of failure to follow the equal opportunity requirements of rule 5101:11-4-01 and Chapter 5101:11-5 of the Administrative Code. A private review body established by a sponsor for this purpose should number three or more responsible persons from the community, serving in this capacity without compensation. 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.

(2) Where a sponsor has established a review body pursuant to paragraph (D)(1) of this rule, apprentices alleging a violation of equal opportunity requirements shall not be required to file a complaint with that body, but may exercise their right to file a complaint directly with the council office, according to the procedure and time-frame set forth in rule 5101:11-6-02 of the Administrative Code.

Replaces: 5101:11-4-01

Effective: 08/07/2014
R.C. 119.032 review dates: 08/01/2019
Promulgated Under: 119.03
Statutory Authority: 4139.03
Rule Amplifies: 4139.03 , 4139.05
Prior Effective Dates: 10/8/71, 10/13/78, 11/23/98, 3/22/04, 6/6/09