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with such identified sources procedures whereby minority group
<br />applicants may be referred to the contractor for employment
<br />consideration.
<br />
<br /> b. In the event the contractor has a valid .bargaining agree-
<br />ment providing for exclusive hiring hall referrals, he is expected to
<br />observe the provisions of that agreement to the extent that the
<br />system permits the contractor's compliance with EEO contract
<br />provisions. (The DOL has held that where implementation of such
<br />agreements have the effect of discriminating against minorities or
<br />women, or obligates the contractor to do the same, such implemen-
<br />tation violates Executive Order 11246, as amended.)
<br /> c. The contractor will encourage his present employees to
<br />refer minority group applicants for employment. Information and
<br />procedures with regard to referring minority group applicants will be
<br />discussed with employees.
<br />
<br /> 5. Personnel Actions: Wages, working conditions, and em-
<br />ployee benefits shall be established and administered, and personnel
<br />actions of every type, including hiring, upgrading, promotion, transfer,
<br />demotion, layoff, and termination, shall be taken without regard to
<br />race, color, religion, sex, national odgin, age or disability. The
<br />following procedures shall be followed:
<br /> a. The contractor will conduct periodic inspections of project
<br />sites to insure that working conditions and employee facilities do not
<br />indicate discriminatory treatment of project site personnel.
<br /> b. The contractor will periodically evalua{e the spread of
<br />wages paid within each classification to determine any evidence of
<br />dischminatory wage practices.
<br />
<br /> c. The contractor will periodically review selected personnel
<br />actions in depth to determine whether there is evidence of discrimi-
<br />nation. Where evidence is found, the contractor will promptly take
<br />corrective action. If the review indicates that the discrimination may
<br />extend beyond the actions reviewed, such corrective action shall
<br />include all affected persons.
<br />
<br /> d. The contractor will promptly'investigate all complaints of
<br />alleged discrimination made to the contractor in connection with his
<br />obligations under this contract, will attempt to resolve such com-
<br />plaints, and will take appropriate corrective action within a reasonable
<br />time. If the investigation, indicates that the discrimination may affect
<br />persons other than the complainant, such corrective action shall
<br />include such other persons. Upon completion of each investigation,
<br />the contractor will inform every complainant of all of his avenues of
<br />appeal.
<br />
<br /> 6. Training and Promotion:
<br />
<br /> a. The contractor will assist in locating, qualifying, and
<br />increasing the skills of minority group and women employees, and
<br />applicants for employment.
<br />
<br /> b. Consistent with the contractor's work force requirements
<br />and as permissible under Federal and State regulations, the
<br />contractor shall make full use of t~aining programs, i.e., apprentice-
<br />ship, and on-the-job training programs for the geographical area of
<br />contract performance. Where feasible, 25 pement of apprentices or
<br />trainees in each occupation shall be in their first year of apprentice-
<br />ship or training. In the event a special provision for training is
<br />provided under this contract, this subparagraph will be superseded
<br />as indicated in the special prevision.
<br />
<br /> c. The contractor will advise employees and ~pplicants for
<br />employment of available training programs and entrance require-
<br />ments for each.
<br />
<br /> d. The contractor will periodically review the training and
<br />promotion potential of minority group and women employees and will
<br />encourage eligible employees to apply for such training and promo-
<br />tion.
<br />
<br /> 7. Unions: If the contractor relies in whole orin part upon unions
<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
<br />minodty groups and women within the unions, and to effect referrals
<br />by such unions of minodty and female employees. Actions by the
<br />contractor either directly or through a contractor's association acting
<br />as agent will include the procedures set forth below;.
<br /> a. The contractor will use best efforts to develop, in coopera-
<br />tion with the unions, joint training programs aimed toward qualifying
<br />
<br />more minority group members and women for membership in the
<br />unions and increasing the skills of minority group employees and
<br />women so that they may qualify for higher paying employment.
<br />
<br /> b. The contrector will use best efforts to incorporate an EEO
<br />clause into each union agreement to the end that such union will be
<br />contractually bound to refer applicants without regard to their race,
<br />color, religion, sex, national origin, age or disability.
<br />
<br /> c. The contractor is to obtain information as to the referral
<br />practices and policies of the labor union except that to the extent
<br />such information is within the exclusive possession of the labor union
<br />and such labor union refuses to furnish such information to the
<br />contractor, the contractor shall so certify to the SHA and shall sat
<br />forth what efforts have been made to obtain such information.
<br />
<br /> d. In the event the union is unable to provide the contractor
<br />with a reasonable flow of minority and women referrals within the
<br />time limit set forth in the collective bargaining agreement, the
<br />contractor will, through independent recruitment efforts, fill the
<br />employment vacancies without regard to race, color, religion, sex,
<br />national origin, age or disability; making full efforts to obtain qualified
<br />and/or qualifiable minority group persons and women. (The DOL has
<br />held that it shall be no excuse that the union with which the contrac-
<br />tor has a collective bargaining agreement providing for exclusive
<br />referral failed to refer minority employees.) In the event the union
<br />referral practice prevents the contractor from meeting the obligations
<br />pursuant to Executive Order 11246, as amended, and these special
<br />provisions, such contractor shall immediately notify the SHA.
<br />
<br /> 8. Selection of Subcontractors, Procurement of Materials and
<br />Leasing of Equipment: The contractor shall not discriminate on the
<br />grounds of race, color, religion, sex, national origin, age or disability
<br />in the selection and retention of subcontractors, including procure-
<br />ment of materials and leases of equipmenL
<br />
<br /> a. The contractor shall notify all potential subcontractors and
<br />suppliers of his/her EEO obligations under this contract.
<br />
<br /> b. Disadvantaged business enterprises (DBE), as defined in
<br />49 CFR 23, shall have equal opportunity to compete for and perform
<br />subcontracts which the contractor enters into pursuant to this
<br />contract. The contractor will use his best efforts to solicit bids from
<br />and to utilize DBE subcontractors or subcontractors with meaningful
<br />minority group and female representation among their employees.
<br />Contractors shall obtain lists of DBE construction firms from SHA
<br />personnel.
<br />
<br /> c. The contractor will use his best efforts to ensure subcon-
<br />tractor compliance with their EEO obligations.
<br />
<br /> 9. Records and Reports: The contractor shall keep such
<br />records as necessary to document compliance with the EEO
<br />requirements. Such records shall be retained for a period of three
<br />years following completion of the contract work and shall be available
<br />at reasonable times and places for inspection by authorized repre-
<br />sentatives of the SHA and the FHWA.
<br />
<br /> a. The records kept by the contractor shall document the
<br />following:
<br />
<br /> (1) The number of minority and non-minority group
<br />members and women employed in each work classification on the
<br />project;
<br />
<br /> (2) The progress and efforts being made in cooperation
<br />with unions, when applicable, to increase employment opportunities
<br />for minodbes and women;
<br />
<br /> (3) The progress and efforts being made in locating,
<br />hidng, training, qualifying, and upgrading minority and female
<br />employees; and
<br />
<br /> (4) The progress and efforts being made in securing the
<br />services of DBE subcontractors or subcontractors with meaningful
<br />minority and female representation among their employees.
<br />
<br /> b. The contractors will submit an annual report to the SHA
<br />each July for the duration of the project, indicating the ~umber of
<br />minority, women, and non-minority group employees current~
<br />engaged in each work classification required by the contract WORK.
<br />This information is to be reported on Form FHWA~1391 If on-the
<br />
<br />Page2 Form FHWA-1273 (Rev. 3-94)
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