FRIDAY, APRIL 7, 1978

PART IV

DEPARTMENT OF
LABOR

federal Register

Office of Federal

GOALS AND
TIMETABLES FOR
FEMALE AND MINORITY
PARTICIPATION IN THE
CONSTRUCTION
INDUSTRY
affirmative action required

RULES ANS REGULATIONS

14888
[4510-27]
title 41—Public Contract and Property
Management
CHAPTER 60—-OFFICE OF FEDERAL CONTRACT
COMPLIANCE PROGRAMS, EQUAL EMPLOY­
MENT OPPORTUNITY,
DEPARTMENT OF
LABOR
PART 60-4—CONSTRUCTION CONTRACTORS—
AFFIRMATIVE ACTION REQUIREMENTS

AGENCY: Office of Federal Contract
Compliance Programs; Labor.
ACTION: Final rule.
SUMMARY: The regulations pub­
lished today establish specific affirma­
tive action standards for women in
construction and consolidate and stan­
dardize requirements for construction
contractors and subcontractors subject
to Executive Order 11246, as amended
to promote equal employment oppor­
tunity in the construction industry. In
addition, this document deletes certain
regulations which are superseded.
EFFECTIVE DATE: These regula­
tions shall take effect May 8, 1979.
FOR FURTHER INFORMATION
CONTACT: William Raymond, Asso­
ciate Director, OFCCP. Phone, 202523-9447.
SUPPLEMENTARY INFORMATION:
On August 16. 1977, the Office of Fed­
eral Contract Compliance Programs
(OFCCP), U.S. Department of Labor,
published in the Federal Register (42
FR 41378) a proposal to establish a
new Part 41 CFR 60-4. The proposal
set out specific regulations for the
construction industry pursuant to Ex­
ecutive Order 11246, as amended. (30
FR 12319, 32 FR 14303) Comments
from Interested parties were received
until October 15, 1977.
Over 510 separate written comments,
presenting a broad spectrum of views,
were submitted by individuals and
groups. Over 235 comment letters were
submitted by individuals on behalf of
themselves; 61 by contractors; 56 by
contractor associations; 48 by women’s
groups; 10 by law firms and consultant
organizations; 42 by Federal, state,
and local government agencies; and 32
* by other organizations. Additional
comments were received which were
postmarked after October 15, 1977,
These latter comments were analyzed
and considered but they were not in­
cluded in the count set forth above.
Each submission has been thoroughly
reviewed and each specific criticism
and suggestion has been given careful
consideration.
The majority of the comments were
general in nature and contained no
specific suggestion; rather they either
expressed support for or opposition to
the proposed rules. Two hundred forty
three of the comment letters, primar­
ily from individuals, expressed general

support and urged the Department of firmative action to advance employ­
Labor to adopt the proposal as final ment opportunity for minorities and
regulations. Twenty-seven of the com­ females should be shared equally by
ments, primarily from contractors and contractors and their unions. Addi­
unions, urged the Department of tionally, these comments stated that
Labor either to delay the 'Issuance of the effect of paragraphs 4 and 7d of
final regulations or to withdraw the the specifications in §60~4.3(a) would
proposal in its entirety. A small be to require contractors to violate the
number of the comment letters re­ exclusive referral provision in collec­
quested that the Department of Labor tive bargaining agreements with the
delay final rulemaking and hold public unions, which, they say, would subject
them to litigation under the National
hearings on the proposal.
Labor Relations Act.
Summary of Comments
5. Construction industry comments
1. Other comments, primarily from also expressed concern about the ex­
contractors, expressed the view that tension of coverage of the affirmative
the Department of Labor should with­ action requirements to all federally in­
hold its decision on final regulations volved construction contracts in excess
until the U.S. Supreme Court has ren­ of $10,000. These comments pointed
dered its decision In The Regents of the out that in the regulations for supply
University of California v. Allen and service contractors, written affir­
Bakke. These comments maintained mative action program requirements
that the Department's final regulation attach only to contracts of $50,000 or
for the construction compliance pro­ more. Women’s organizations, commu­
gram, particularly goal achievement nity groups, and some Government
level, would have to be consistent with agencies felt that this coverage was
the Supreme Court’s decision in needed to provide equal employment
opportunities for minorities and
Bakke.
2. The obligation of federally in­ women.
6. A number of the construction in­
volved construction contractors to
take affirmative action to ensure equal dustry comments raised two concerns
employment opportunity, particularly about paragraph 12 of the Standard
for women, was a major issue treated Federal Equal Employment Opportu­
by almost all the comments. In gener­ nity Construction Contract Specifica­
al, those comments received from con­ tions (hereinafter. Specifications)
tractors, contractor associations and which is set forth in §60-4.3(a). They
unions, while recognizing that the in­ were concerned about obtaining an updustry’s legal obligation to take affir­ to-date list of debarred contractors
mative action, expressed concern and whether the prohibition extended
about the nature of the required ac­ to the contractor’s non-Federal work..
7. Construction industry comments
tions. These comments characterize
the goal levels as quotas and state that also expressed an inability to comply
the goals would require contractors to with the antiharassment provision in
hire unqualified persons, that quali­ paragraph 7a of the Specifications
fied women craft workers are not which would require the contractor to
available, that contractors would be ensure and maintain a working envi­
required to displace other workers ronment free of harassment, intimida­
with women because of high unem­ tion and coercion.
8. -Women’s organizations and a few
ployment in the industry, and that the
required actions, particularly the rec­ Government agencies were concerned
ordkeeping requirements, placed an about the problems of double counting
additional cost burden on contractors minority women. Women’s organiza­
which would be difficult for small con­ tions want minority women to be
tractors to absorb.
counted exclusively toward the
3. Comments received from most achievement of the female goal level.
women's organizations, community
9. Construction industry comments
groups, and most of the Federal, state expressed the view that paragraph 7o
and local government agencies praised of the Specifications, which requires
the proposal. These groups stated that the contractor to document and main­
without the specified affirmative tain a record of all solicitations of
action steps, particularly the goals and offers from minority and female con­
timetables, very little would be done to struction contractors and suppliers,
increase the participation of women in constitutes a requirement to subcon­
the construction industry. However, tract with minority and female compa­
many of the comments from these nies, and questioned the authority of
groups stated that the specified goal the Department of Labor to impose
levels were too low and achievement, of such a requirement under the Execu­
them would constitute no real im­ tive Order.
10. The different requirements im­
provement of the position of women
posed on construction contractors by
craft workers in the industry.
4. A number of comments from the Federal, state and local laws was a
construction industry (contractors and concern of the construction industry.
contractor associations) expressed the They suggested that the rules be re­
opinion that the obligation to take af­ vised to provide that the Federal EEO

FEDERAL REGISTER, VOL 43, NO. 68—FRIDAY, APRIL 7, 1978

14889

RULES AND REGULATIONS

requirements would supersede all
others. Women’s organizations ex­
pressed concern that the proposal con­
tained requirements, particularly goal
levels, less rigorous than local statutes.
They suggested that the more strin­
gent of the two, particularly the
higher goal levels, be required.
11. A few’ construction industry com­
ments pointed out that the proposal
apparently was a vehicle for establish­
ing a nationwide program of specific
affirmative action requirements for all
covered construction. A few communi­
ty organizations and women s groups
applauded the Department’s intention
to establish this nationwide construc­
tion compliance program, expressing,
however, concerns about the Depart­
ment’s ability to enforce such require­
ments,
12. Construction industry commentors also expressed concern about ex­
panding the coverage of the construc­
tion compliance provisions to the con­
tractor’s entire work force rather than
restricting it to federally involved pro­
jects.
13. In addition to specific sugges­
tions, comments and views expressed
on the provisions of the proposal, two
alternative approaches to achieving
equal employment opportunity in the
construction industry were suggested.
The AFL-CIO Building and Construc­
tion Trades Department submitted an
alternative set of regulations pat­
terned after the affirmative action re-.
quirements under section 503 of the
Rehabilitation Act of 1973, as amend­
ed (29 U.S.C. 793). These alternative
regulations provided for outreach, re­
cruitment, and training, as well as
analysis of job skill requirements and
the dissemination of EEO policies, but
did not include goals and timetables
for the employment of minorities and
women. The other approach, suggest­
ed by other unions and contractors,
would emphasize outreach, recruit­
ment and apprenticeship training as
the means for advancing equal em­
ployment opportunity for women and
minorities in the construction indus­
try.
14. Hometown plans and voluntary
efforts to advance equal employment
opportunity were a specific concern of
about 25 comments. The construction
industry was concerned about the pos­
sibility that the proposal would have a
chilling effect on voluntary joint
labor, management and community ef­
forts to increase the participation of
women and minorities in the industry.
Community organizations, Govern­
ment agencies, and women’s groups
were concerned about the effective­
ness of the current Hometown Plan
structure. Specifically, they believe
that these plans are being used by con­
tractors and unions to shirk their obli­
gations under the Executive Order.
15. Many comments were received
from women’s organizations, contrac-

tor associations and contracting and
compliance agencies which requested
that greater specificity be provided in
the regulations regarding the time
frame for notification to compliance
agencies by contracting agencies and
the notification by construction con­
tractors to the compliance agency or
the OFCCP of contractors and subcon­
tracts awarded. Also, comments were
received from several contracting
agencies which indicated that the use
of the term “offers” as opposed to
“bidders” is inconsistent with the con­
tracting terminology of those agencies.
16. Comments from women’s groups
as well as from some contractors ex­
pressed concern that the provision of
paragraph 7 a of the specifications that
two or more women be assigned to a
project may prevent one woman from
obtaining a job if another woman is
not available for employment at the
project.
17. A number of comments were re­
ceived from contractors and contractor
associations requesting that an accom­
modation be made in the regulations
to make less burdensome the record­
keeping requirement of construction
contractors and subcontractors, par­
ticularly small contractors.
18. Comments were received from
women’s groups which requested that
the requirements be structured to pre­
vent the hiring of one group to the ex­
clusion of another, e.g. the hiring of
white women to the exclusion of mi­
nority women or vice-versa.
19. Over the years, the OFCCP has
responded to numerous requests from
compliance and contracting agencies
concerning the appropriate regula­
tions applicable to construction con­
tracts or subcontracts which are neces­
sary, in whole or in part, to the perfor­
mance of nonconstruction contracts.
That is, a nonconstruction contractor
must undertake construction work in
order to perform its nonconstruction
contract.
In the Discussion section below we
will take up each of the issues treated
in the comments as we analyze the
regulations on a section-by section
basis.
Background
Executive Order 11246, as amended,
prohibits covered Federal contractors
and subcontractors from discriminat­
ing against any employee or applicant
for employment based on race, color,
religion, sex, or national origin. In ad­
dition, contractors and subcontractors
are required to take affirmative action
to ensure that applicants are em­
ployed, and that employees are treat­
ed during employment, without regard
to their race, color, religion, sex or na­
tional origin. Section 201 of the Order
provides that the Secretary of Labor
shall adopt rules, regulations and
orders as he deems necessary and ap-

propriate to achieve the purposes of
the Order. The regulations adopted
today apply to Federal and federally
assisted construction contractors and
subcontractors.
Presently, all nonexempt Federal
and federally assisted construction
contractors are required to comply
with the Equal Opportunity clause
published at 41 CFR 60-1.4 (a) and (b).
(Executive Order 11246, § 301.) In ad­
dition, to implement the affirmative
action obligation of construction con­
tractors and subcontractors set forth
in § 202 of the Executive Order, the
Office of Federal Contract Compliance
Programs (OFCCP) has developed
three different types of affirmative
action programs. The programs in­
clude Imposed Plans, Hometown
Plans, and Special Bid Conditions.
Imposed Plans for the most part
cover major metropolitan areas where
there is substantial Federal or federal­
ly assisted construction, and apply
only to those projects which are in
excess of $500,000. These areas include
Philadelphia, Washington, D.C., San
Francisco, St. Louis, Atlanta, Camden,
and Chicago. Imposed Plans generally
have been published in 41 CFR Chap­
ter 60 but the Philadelphia Imposed
Plan has not been codified in the Code
of Federal Regulations.
Hometown Plans are tripartite
agreements among the contractors
and the unions in a local area and the
local minority community. The three
groups develop a plan for compliance
with the Executive Order and present
it to the OFCCP for approval. If the
plan is approved, it constitutes the
contractors’ obligations under the Ex­
ecutive Order and so long as they
comply with the plan they also are in
compliance with the Order. Presently,
there are 33 Hometown Plans in oper­
ation.
Special Bid Conditions apply to con­
tractors working on certain high
impact projects which are being con­
structed in an area which is not cov­
ered by a Hometown or Imposed Plan.
These three types of affirmative
action plans are not implemented
through a regulatory scheme. Rather
they are included in the solicitations
which precede the award of contracts.
One of the problems with this process
is that substantial Federal or federally
assisted construction is being conduct­
ed without benefit of specific affirma­
tive action requirements. Also, con­
tracting officers are confused by the
different types of affirmative action
plans and sometimes do not know
which ones cover specific geographical
areas or projects. In addition, some
contracting agencies do not adhere to
the different notices and formats de­
veloped by OFCCP. The imposed
plans present a special problem be­
cause a number of contractors some­
times fail to sign the certification

FEDERAL REGISTER, VOL 43, NO. 68—FRIDAY, APRIL 7, 1978

RULES AND REGULATIONS

14890

which appears in the appendix of Im­
posed Plans. Failure to sign the certifi­
cation frequently has been unrelated
to the contractors’ commitment to the
affirmative action requirements. How­
ever, the certification has been held to
be a material part of the bid and those
bids which have not contained a
signed certification have been rejected
as nonresponsive. A number of these
rejected bids have been the low bids,
and the result has been to increase the
cost of construction to the Govern­
ment.
Another deficiency in the present
scheme is that no specific affirmative
action standards are applicable to
women in the construction industry.
Under present procedures, compli­
ance agencies develop Special Bid Con­
ditions for high impact projects for
which they have compliance responsi­
bility. OFCCP approves the Bid Condi­
tions, which have application only to
the project for which they were ap­
proved. Accordingly, if a compliance
agency fails to develop Special Bid
Conditions for a project for which it
has compliance responsibility, the pro­
ject is not covered by an affirmative
action plan (i.e., if the project is not in
an area covered by a Hometown or an
Imposed Plan). This would be true
even though another project in the
same labor market area may be cov­
ered by Special Bid Conditions devel­
oped by another compliance agency.
The Special Bid Conditions do apply,
however, to a covered contractor’s
entire workforce working in the labor
market area where the covered project
is located although some employees
may not work on the project.
To correct these deficiencies, the De­
partment of Labor today is adopting
regulations which discontinue and ter­
minate the use of certain practices and
formats and which establish a new 41
CFR Part 60-4 covering construction
contractors and subcontractors. This
new Part 60-4, however, will not re­
lieve contractors of the obligations
they may have under state or local af­
firmative action or equal employment
opportunity programs. Similarly, this
Part 60-4 will not relieve the contrac­
tors of local resident hiring require­
ments such as those in the Public
Works Employment Act of 1977 and
the Community Development Block
Grant Program.
Specifically, Parts 60-5 through 60-8
and Parts 60-10 through 60-11 (the
published Imposed Plans) and the
Philadelphia Plan are hereby deleted.
Although Hometown Plans will be
continued, signatories to those plans
are required to submit goals and time­
tables for the utilization of women to
the Director of OFCCP within 45 days
from the effective date of the regula­
tions, which goals shall not be less
than those contained in the Notice
published elsewhere in the Federal

Register today which establishes tion work performed by construction
goals for women in the construction contractors for nonconstruction con­
tractors which is necessary in whole or
industry.
Imposed plans and Special Bid Con­ in part to the performance of a non­
ditions are discontinued as a means of construction contract in excess of
complying with the Executive Order. $10,000. Although this provision was
In addition, the New Form for Federal not contained in the August 16, 1977,
Equal Employment Opportunity Bid proposal, it does not establish new re­
Conditions for Federal and Federally quirements. Rather publication in
Assisted Construction (41 FR 32482), these regulations simply codifies an
commonly known as the Model Feder­ existing policy and practice.
Section 60-4.2. This section creates a
al EEO Bid Conditions, is discontin­
new notice to be included in all solici­
ued.
The new Part 60-4 applies to all Fed­ tations for offers and bids on all Fed­
eral and federally assisted construc­ eral and federally assisted construc­
tion contractors and subcontractors tion contracts and subcontracts.
1. The notice is required to be in­
holding Federal or federally assisted
construction contracts or subcontracts cluded in the solicitation for Federal
in excess of $10,000. Procedures also or federally assisted construction con­
are established which all Federal con­ tracts in excess of $10,000.
tracting officers and applicants shall
2. Nonconstruction contractors who
follow in awarding Federal or federal­ contract with construction contractors
ly assisted construction contracts. The for construction work which is neces­
regulations also establish procedures sary in whole or in part to the perfor­
administering agencies shall follow in­ mance of a covered nonconstruction
making grants which result in the contractor must also include the
award of federally assisted construc­ notice in such contracts.
3. The notice will be included in all
tion contracts.
bid documents to put the contractor
Discussion
on notice that the prospective contract
Section 60-4.1. This section estab­ (in excess of $10,000) is subject to the
lishes the scope and application of Executive Order. The notice also in­
Part 60-4. By the terms of this section, forms the bidder or offeror of the ap­
Part 60-4 applies to all contractors plicable goals and other requirements
and subcontractors who have a Feder­ to which any contract resulting from
al or federally assisted construction the solicitation will be subject. Also,
contract or subcontract in excess of the word “bidders” has been added to
the notice to accommodate those com­
$10,000.
1. Contractors opposed the extension pliance agencies whose contract ter­
of coverage to contracts in excess of minology does not include the word
$10,000 (see item 5 in the Summary "offeror.” (See item 15 in the Sum­
Comments). The Department of mary of Comments.)
4. The notice also requires the suc­
Labor’s view is that it is appropriate to
extend coverage to those contracts in cessful bidder to provide notice to the
excess of $10,000. This view is based on appropriate compliance agency and
the point that contracts in excess of the OFCCP within 10 working days of
$10,000 represents a substantial expen­ the award of a subcontract under the
contract. No specific notice form is re­
diture of Federal dollars.
It also represents the level at which quired but the notice must be in writ­
regulations implementing the Execu­ ing and it must contain the name, ad­
tive Order establish coverage for non­ dress, and telephone number of the
construction contractors (see 41 CFR subcontractor; the dollar amount of
60-1.5(a)). Prior to the regulations • the subcontract; and the geographical
published today, coverage was based area in which the contract is to be per­
on the value of the construction pro­ formed.
Section 60-4.3. This section estab­
ject and any contractor working on a
project whose value was $500,000 or lishes the Standard Federal Equal Em­
more was covered regardless of the ployment Opportunity Construction
value of the contract held by an indi­ Contract Specifications. The specifica­
vidual contractor or subcontractor. We tions, in addition to the standard
believe, however, that coverage is equal opportunity clauses, will be in­
based more appropriately on the cluded in all federal and federally as­
amount of the contract held by the in­ sisted construction contracts. The
dividual contractor and this position is specifications also will be included in
consistent with coverage of noncon­ construction contracts let by noncon
struction contracts. We also believe struction contractors which are neces
that the in excess of $10,000 volume is sary in whole or in part to the perfor
reasonable and promotes uniformity mance of a Federal nonconstructior
among contractors by treating con­ contract. The specifications and the
struction contractors and nonconstruc­ notice provided for in §60-4.2(d) are
tion contractors equally (see 41 CFR designed to serve the same purposes
60-1.5(a)).
which the Bid Conditions now serve
2. This section also codifies an The specifications, however, establish
OFCCP policy of covering construc- specific and minimum affirmative

FEDERAL REGISTER, VOL 43, NO. 68—FRIDAY, APRIL 7, 1978

RULES AND REGULATIONS

action obligations. These affirmative
action obligations, in large measure,
are the good faith steps contained in
the present Bid Conditions. Some of
the good faith steps were modified
before being adopted as required affir­
mative action obligations and other af­
firmative action obligations are entire­
ly new.
1. Paragraph 7 and its subpara­
graphs establish the affirmative action
obligations. Comments from contrac­
tor groups objected to the antiharass­
ment provision in paragraph 7a.
During the time it has considered ex­
tending specific affirmative action cov­
erage to women in the construction in­
dustry, however, the Department of
Labor has learned of many egregious
examples of harassment of female
workers. The comments do not chal­
lenge the existence of such conduct.
The need to discourage harassment,
intimidation and coercion is particu­
larly important in an industry such as
construction where the safety of work­
ers may depend on a fellow worker.
The contractor is in the best position
to discourage such conduct and to
ensure fair treatment of all employees.
Objections also were raised to the
provision which states that where pos­
sible the contractor will assign two or
more women to each construction pro­
ject. The Department is fully aware
that the very nature of construction
work, such as the use of small work­
forces in certain trades, would not
always accommodate the assignment
of two or more women by a single con­
tractor. However, where large work­
forces are being employed it is reason­
able to assume that two or more
women would be assigned to a con­
struction project. Such a practice also
should help to eliminate harassment
and intimidation. Moreover, a contrac­
tor should not feel that is has met its
affirmative action obligation simply by
placing a token woman on the project
and at the same time should not
refuse to assign a woman to a project
because there are not two openings.
2. Contractor groups also expressed
objections to what they perceived as
recordkeeping requirements. In fact
no. specific recordkeeping formats
have been established. It will be neces­
sary for contractors to maintain docu­
mentation of some of the specific ac­
tions they have taken such as a list of
their minority and female recruitment
sources (see Specification subpara­
graph 7b) and the names, addresses
and telephone numbers of minority
and female off-the-street applicants
(7c). Such documentation is essential
in order for the contract compliance
program to be able to assess whether
the contractor is taking the required
action. Moreover, it is fair to presume
that contractors already have in place
some recordkeeping system for these
types of activities and where adequate

records do exist the contractor is not
obligated to establish new procedures.
3. Contractors also contended that
paragraph 4 and subparagraph 7d of
the Specifications would require them
to violate the exclusive referral provi­
sions of their collective bargaining
agreements.
These arguments are unpersuasive
and have been rejected in various
court decisions upholding the princi­
ple that a contractor’s noncompliance
with its affirmative action obligations
cannot be justified by the contractor’s
reliance on a collective bargaining
agreement, and that the contractor
must go outside of the terms of the
agreement if that is the only way to
maintain compliance with the Execu­
tive Order and the implementing
rules, regulations and orders. See Con­
tractors Assn, of Eastern Fa. v. Secre­
tary of Labor, 442 F.2d 159 (3rd Cir.
1971), cert, denied, 404 U.S. 854 (1971);
Southern Illinois Builders Assn. v. Ogilivie 471. F.2d 680 (7th Cir. 1974);
Joyce v. McCrane, 320 F.Supp. 1284
(D.NJ. 1970); Associated General Con-,
tractors of Massachusetts v. Altschuler,
490 F.2d 9 (1st Cir. 1973), cert, denied,
416 U.S. 957 (1974); Equal Employ­
ment Opportunity Commission v.
American Telephone & Telegraph Co.
556 F.2d 167 (3rd Cir. 1977); Savannah
Printing Specialties & Paper Products
Local Union 604 v. Union Camp Corp.,
350 F.Supp. 632 (S.D. Ga. 1972).
It should be emphasized that the
Department's position has not pre­
cluded and will not preclude enforce­
ment actions against labor organiza­
tions for impeding the nondiscrimination/affirmative action obligations of
federally-involved construction con­
tractors and subcontractors under
E.O. 11246. Such actions are specifical­
ly authorized under sections 209(a)(2)
and (3) of the Order. See, e.g., U.S. v.
Carpenters Local 169, 457 F. 2d 210
(7th Cir. 1972), cert denied, 409 U.S.
851 (1972); U.S. v. Papermakers Local
189, 282 F. Supp. 30 (E.D. La. 1968),
aff’d 416 F. 2d 980 (5th Cir. 1969), cert,
denied, 397 U.S. 912 (1970); U.S. v. Op­
erating Engineers Local 701, —-F.
Supp. —, 14 FEP Cases 1400 (D. Ore.
1977). Therefore, in order to facilitate
enforcement efforts against labor or­
ganizations for interfering with the
nondiscrimination/affirmative action
obligations of federally-involved con­
struction contractors, paragraph 7d of
the specifications requires covered
contractors and subcontractors to pro­
vide immediate written notification to
the responsible compliance agency and
to OFCCP when the union or unions
with which the contractor has a collec­
tive bargaining agreement has not re­
ferred to the contractor a minority
person or woman sent by the contrac­
tor, or when the contractor has other
information that the union referral
process has impeded the contractor’s
efforts to meet its obligations.

1489

4. Paragraph 9 of the Specifications
has been rewritten to address the con­
cerns of the Deputy Comptroller Gen­
eral of the United States. The Deputy
Comptroller General commented as
follows:
This provision [paragraph 91 would re­
quire, in effect, the renegotiation of goals
after the contract has been awarded rather
than specifying separate goals and timeta­
bles which must be met by contractors in
categories determined to be employing "par­
ticular groups” in a "substantially disparate
manner.”

Paragraph 9 has been rewritten to
eliminate the requirement to establish
separate goals. However, the section
also makes it clear that the goals in­
clude all groups and that the contrac­
tor may not be in compliance if it has
achieved its goal levels generally but
employs certain groups in a substan­
tially disparate manner. The minority
goal, for example, includes blacks,
American Indians, Hispanics, Asian
and Pacific Islanders, and a contractor
may not be in compliance if it meets
its goal by employing one group and
totally ignores another.
5. Paragraph 12 prohibits the con­
tractor from entering into contracts
with debarred contractors. Contrac­
tors were concerned about receiving
notice of debarred contractors and
whether the contracting prohibition
applied to nonfederal contracts as
well. The OFCCP maintains a list of
debarred contractors which may be se­
cured from that agency. In addition,
all debarments effected under Execu­
tive Order 11248 are published in the
Federal Register. Finally, paragraph
12 is not intended to cover contracts
awarded by a Federal contractor for
work to be performed on a project
which is neither Federal nor federally
assisted.
6. Some comments suggested that
Federal EEO requirements should pre­
empt state and local EEO require­
ments. Other comments suggested
that the more stringent standards,
whether Federal or state or local,
should apply. The Federal Govern­
ment, of course, may not pre-empt
state and local government regulation
of the construction industry (Associat­
ed General Contractors of Mass. v. Alt­
shuler, 490 F. 2d 9 (1st cir. 1973)). The
OFCCP has attempted to apply uni­
form standards to contractors and to
provide the greatest protection to the
greatest number of people under the
Executive Order.
Section 60-4.4 and 60-4.5. The major
change made in these two sections is
the proviso in § 60-4.5 which requires
that each contractor participating in
the plan make a good faith effort to
achieve its goals and that the overall
good performance by other contrac­
tors does not excuse any contractor.
This change was made in response to
those comments to the effect that

FEDERAL REGISTER, VOL 43, NO. 63—FRIDAY, april 7, 1978

RULES AMD REGULATIONS

some contractors were using the plans
(and the accomplishments of other
contractors in the plan area) to shirk
their obligations under the Order.
This change also is consistent with the
Executive Order which imposes the
nondiscrimination and affirmative
action requirements on each contrac­
tor.
Section 60-4.6. This section requires,
the Director of OFCCP to issue goals
and timetables for minority and
female utilization which shall be based
on appropriate workforce, demogra­
phic or other relevant data. The goals
shall cover specific construction pro­
jects or construction contracts per­
formed in specific geographical areas.
Published elsewhere in the Federal
Register today are goals for female
utilization on construction projects. It
is anticipated that within the very
near future OFCCP will propose stan­
dards and goals for minority utiliza­
tion pursuant to 41 CFR 60-4.6 of the
regulations published today. Until
those goals are published in final form
the goals and timetables applicable
under existing OFCCP requirements
will continue to be effective.
A number of comments addressed
the issue of goals and timetables. Con­
tractors recognized the construction
industry's obligation to take affirma­
tive action but expressed concern
about the nature of the required
action. They characterized “goals” as
quotas, stated that the goals require­
ment would require contractors to hire
unqualified persons, stated that quali­
fied female craft workers are not avail­
able and that contractors would be re­
quired to displace other workers with
women because of high unemployment
in the industry.
1. Section 201 of Executive Order
11246, as amended, mandates the Sec­
retary of Labor to “adopt such rules
and regulations and issue such orders
as he deems necessary and appropriate
to achieve the purposes * * •” of the
Executive Order. Section 202 of the
Executive Order requires every nonex­
empt Federal,contractor or subcon­
tractor, including Federal and federal­
ly assisted construction contractors
and subcontractors (see § 301 of the
Order), to take affirmative action.
The Department of Labor’s experi­
ence with affirmative action has dem­
onstrated that goals and timetables
are the most concrete and effective
system for implementing the affirma­
tive action obligation contained in the
Executive Order. Since goals and time­
tables were implemented as an affir­
mative action requirement, all Federal
contractors and subcontractors except
construction contractors have been re­
quired to establish goals and timeta­
bles for women. Construction contrac­
tors, on the other hand, have been re­
quired to establish goals for minority
workers, and then, only if the con-

struction contract was being per­ only 62 Hometown Plans have be
formed in a geographical area covered developed and approved and only
by a Hometown Plan or an Imposed presently exist. These plans cover on
Plan or if the contract was awarded a small fraction of the cities in the
subject to Special Bid Conditions. country and only a small portion
These were the three methods by Federal and federally assisted co
which the Department of Labor spe­ struction. Similarly, the Impose
cifically implemented the affirmative Plans require long and drawn-out or
action obligation imposed on Govern­ ceedings before they are implement?
ment contractors and subcontractors. These proceedings include public hea
Unlike nonconstruction contractors, ings in each area where the plan is ii
who were and are required to develop posed and subsequent publication
detailed affirmative action programs the Federal Register and codification
(which include goals and timetables . in the Code of Federal Regulation
for women and minorities), the only Moreover, the hearing process did
implemented affirmative action obliga­ always produce reliable data upc
tion imposed on construction contrac­ which reasonable goals could be base
tors has been the goals and timetables thereby making it necessary for the
established in the Hometown Plans, OFCCP to develop the goals using
Imposed Plans or Special Bid Condi­ Census
Bureau
prepared
dat
tions. Nevertheless, all Government Through this process, seven plan
contractors and subcontractors, in­ have been imposed.
cluding construction contractors and
In order to cover some of the major
subcontractors, agree in every contract Federal and federally assisted cons
to “* * * take affirmative action to struction contracts being performe
ensure that applicants are employed, outside of Hometown and Impose
and that employees are treated during < Plan areas. Special Bid Condition
employment, without regard to their were designed. Under this concept the
race, color, religion, sex or national compliance agencies establish goal
origin.” (Section 202, cl. 1, Executive and timetables for construction con
Order 11246, as amended.)
tracts for which they have compliance
In the past, as stated above, the responsibility and submit the Specific
OFCCP has used a number of methods Bid Conditions to the OFCCP for and
to implement the affirmative action proval prior to the time the bids <
requirement of the Executive Order in offers were solicited. Special Bid Cor
the construction industry. These ditions unlike Hometown and Impose
methods have included Hometown Plans, however, are limited to the pro
Plans, Imposed Plans and Special Bid ject for which they were designed. Ac
Conditions. The basic affirmative cordingly, two projects being in close
action feature under each of these proximity would require separate Bi
methods has been goals and timeta­ Conditions if the projects involve
bles. Goals and timetables in large were assigned to different agencies for
measure have been limited to minority compliance purposes, or no Bid Cond
utilization although the word “minor­ tions at all if the compliance agency
ity” was defined to include minority did not act prior to the solicitation.
women. In the construction industry,
The three affirmative action meth
however, goals and timetables general­ ods previously used do not allow for a
ly have not been established for efficient system which provides a fa;
women. The notice published else­ degree of protection for construction
where in the Federal Register today, employees. The notice system, on th
however, will establish goals and time­ other hand, allows for the use of th
tables for female utilization for con­ best data. available, which was no
struction contractors and subcontrac­ always forthcoming in hearings, an
tors who are subject to Executive an efficient and prompt implementa
Order 11246, as amended.
tion of the goals ■which result from
A number of methods and proce­ that data.
dures for establishing goals and time­
A review of the status of women in
tables for the construction industry the construction industry shows that
have been considered, and the OFCCP unless specific affirmative action step
has concluded that this Notice form is are prescribed, construction employ
the most reasonable and efficient way ment opportunities will not reach th
to inform construction contractors of female workforce of this country. For
their obligations and to protect work­ example, when these regulations were
ers under the Executive Order. First, proposed last August, the preamble
the Hometown Plan concept contem­ contained the following statement (4;
plates that contractors, unions and the FR 41379):
local community voluntarily will agree
According to the 1970 Census of Popular
to an affirmative action plan, submit it
to the OFCCP for approval and, if ap­ tion, women constituted 37 percent of th
civilian labor force, and 19 per
proved, compliance with the plan will experienced
of all persons 18 years or older with vc
constitute compliance with the Execu­ cent
cational training in trades or crafts. At th
tive Order. This process is time con­ same time, however, women constitute;
suming and does not always guarantee only 5 percent of the experienced labor
agreement. Indeed, under this process force in craft and kindred occupations, and

FEDERAL REGISTER, VOL 43, NO. 68—FRIDAY, APRIL 7, 1978

14893

RULES AND REGULATIONS
only 1.2 percent of the experienced con­
struction labor force. The gross disparity be­
tween the percentage of women in the labor
force and the percentage of women in the
construction trades undoubtedly will contin­
ue until positive action is taken to ensure
that construction jobs are made available to
women. A system of goals and timetables for
women in construction will, based on prior
experience, help to rectify the near total ex­
clusion of female representation in the con­
struction trades.
The interest of women in the construction
trades and their availability for employment
has been clearly demonstrated. In October,
1975, for example, the OFCCP conducted
fact-finding hearings in Baltimore, Md., spe­
cifically relating to equal employment op­
portunity in the construction industry. Rep­
resentatives from EEOC, various women’s
organizations, and academic institutions tes­
tified that discrimination and not the lack
of available and interested female appli­
cants is keeping the percentage of women in
the construction trades at such a low level.
Typical situations described in that testimo­
ny involved women trained as construction
workers who gained membership in a union
local but who were not hired although they
stood at the front of the hall or at the top
of the referral list, and who were subse­
quently told at a job site that they would
never be hired because they were women. In
another typical case a woman gained em­
ployment in a craft in which her husband
already worked; subsequently both were laid
off and after numerous attempts to find
work the man was informed that he would
not find a job until his wife left the craft.
Further evidence of the interest of and
. discrimination against women in the con­
struction industry was presented at recent
hearings held in California and Washington
on the amendments of their State laws to
include goals and timetables for women in
apprenticeships. The growing number of or­
ganizations across the country whose pur­
pose is the placement of women in the con­
struction trades illustrates the high degree
of interest and the large number of women
interested in pursuing careers in the con­
struction trades.
The longstanding reputation of the trades
for excluding women discourages many
women from applying for construction jobs.
Thus, although many women are inclined
toward jobs in the trades, far fewer actually
apply. A study by two Stanford University
psychologists
demonstrates that the
number of women applying for jobs in the
construction trades would substantially in­
crease were there goals for women. In that
study, two groups of female job seekers
were given three detailed job descriptions
and were asked to rate their interest in the
jobs on a scale of 1 to 5, from "not interest­
ed” to "extremely interested.” Two of the
three jobs described were traditionally
female jobs and one was a construction job.
Half of the booklets contained the following
statement under the title of the construc­
tion jobs: "Equal Opportunity for Women,
Note: Federal Law Now Requires That Com­
panies Train and Hire A Certain Percentage
of Women for the Job of [carpenter] Each
Year.” The other half of the booklets con­
tained no statement about affirmative
action. In the affirmative action group 33
percent of the women indicated a strong in­
terest In the construction job, twice the per­
centage indicating a strong Interest in the
other group. Seventy percent of the women
in the affirmative action group expressed

some degree of positive interest in construc­
tion jobs, one and one half as many as the
other group. Clearly, there exists an avail­
able pool of women interested in applying
for construction jobs.
The Maritime Administration which over­
sees enforcement of the Executive Order in
the shipbuilding industry has provided the
Department with some very useful docu­
mentation on both the availability of
women for construction-related jobs and the
postive impact of goals and timetables on
the employment of women in those jobs. A
number of the jobs in the shipbuilding in­
dustry are comparable to jobs in construc­
tion; the Maritime experience therefore is
particularly useful. In the early 1972 the
Maritime Administration began requiring
goals and timetables for women by ship­
building contractors. There experience was
that as more women were employed, more
women applied. Once women knew that
they would be hired without regard to sex,
they applied in large numbers. In at least
one shipyard the applicant flow is now run­
ning at the rate of the normal workforce
rate of women in that area. Unquestionably,
the key reason for the increase of women in
that industry is goals and timetables.
The results achieved in locations where
goals for women have been set have been
dramatic. In Seattle, Wash., since the impo­
sition of goals for women in city construc­
tion, nearly every city construction project
has had at least one woman working on the
construction site. In California, the imposi­
tion of goals has resulted in the placement
of 50 percent more women in construction
jobs by Women in Apprenticeship, an out­
reach program operating in San Francisco
designed to help place women in the skilled
trades. Similarly, although there were only
two women in Madison, Wis., construction
jobs in 1975, there were, in 1976, after the
imposition of goals, 15 women in those jobs.
The exclusion of women from well-paying
jobs in the construction industry exists de­
spite persistent effort among women to
break into construction work. Although
women have made substantial gains in other
nontraditional jobs, the above statistics
demonstrate that the exclusion of women
from construction work will not be correct­
ed and that the objectives of the Executive
Order will not be realized unless positive
steps are taken to bring together the female
worker and the construction job. According­
ly, it is necessary to establish specific stan­
dards of affirmative action for women in the
construction industry under Executive
Order 11246, as amended. Therefore, the
specific affirmative action requirements in­
corporated into these proposed regulations
include specific requirements for ensuring
equal employment opportunities for women
as well as for minorities.

These factors show that women are
available for construction and that
they are not being utilized. Moreover,
if women are to assume,a fair number
of construction jobs it is necessary to
establish specific affirmative action re­
quirements. The time has come to do
that.
2. The Department of Labor recog­
nizes the distinction between permissi­
ble affirmative action goals and time­
tables and impermissible quotas. In a
March 23, 1973, memorandum the De­
partments of Justice and Labor and
the Equal Employment Opportunity

Commission and the Civil Service
Commission distinguished goals and
timetables:
• • * Quota systems in the past have been
used in other contexts as a quantified limi­
tation, the purpose of which is exclusion,
but this is not its sole definition. A quota
system, applied in the employment context,
would impose a fixed number or percentage
which must be attained, or which cannot be
exceeded; the crucial consideration would be
whether the mandatory numbers of persons
have been hired or promoted. Under such a
quota system, that number would be fixed
to reflect the population in the area, or
some other numerical base, regardless of
the number of potential applicants who
meet necessary qualifications. If the em­
ployer failed, he would be subject to sanc­
tion. It would be no defense that the quota
may have been unrealistic to start with,
that he had insufficient vacancies, or that
there were not enough qualified applicants,
although he tried in good faith to obtain
them through appropriate recruitment
methods.
Any system which requires that consider­
ations of relative abilities and qualifications
be subordinated to considerations of race,
religion, sex, or national origin in determin­
ing who is to be hired, promoted, etc., in
order to achieve a certain numerical posi­
tion has the attributes of a quota system
which is deemed to be impermissible under
the standards set forth herein.
A goal, on the other hand, is a numerical
objective, fixed realistically in terms of the
number of vacancies expected, and the
number of qualified applicants available in
the relevant job market. Thus, if through
no fault of the employer, he has fewer va­
cancies than expected, he is not subject to
sanction, because he is not expected to dis­
place existing employees or to hire unneed­
ed employees to meet his goal. Similarly, if
he has demonstrated every good faith effort
to include persons from the group which
was the object of discrimination Into the
group being considered for selection, but
has been unable to do so in sufficient num­
bers to meet his goal, he is not subject to
sanction.

The Department of Labor continues
to recognize the distinction between
affirmative goals and impermissible
quotas, and also follows the policy
enunciated in the memorandum
quoted above.
The Congress and the courts also
have recognised and acquiesced in. the
affirmative action programs (including
goals and timetables) required under
Executive Order 11246. When Con­
gress considered the Equal Employ­
ment Opportunity Act of 1972 (Pub. L.
92-261), Senator Saxbe made the fol­
lowing statement in support of his
amendment to strike a provision
which would have transferred the Ex­
ecutive Order program to the EEOC.
(118 Cong. Rec. 1385):
The OFCC[P]'s affirmative action pro­
grams have tremendous impact and require
that 260,000 Government contractors In all
industries adopt positive programs to seek
out minorities and women for new employ­
ment opportunities. To accomplish this ob­
jective, the OFCC[P] has utilized the
proven business technique of establishing

FEDeRAL REGÎStER, VOL 43, NO. 63—FRIDAY, APRIL 7, 1978

RULES AND REGULATIONS

14894
“goals and timetables” to insure the success
of the Executive Order program. It has been
the “goals and timetables” approach which
is unique to the OFCC[P]’s efforts in equal
employment, coupled with extensive report­
ing and monitoring procedures that has
given the promise of equal employment op­
portunity a new credibility.
The Executive Order program should not
be confused with the judicial remedies for
proven discrimination which unfold on a
limited and expensive case-by-case basis.
Rather, affirmative action means that all
Government contractors must develop pro­
grams to insure that all share equally in the
jobs generated by the Federal Government’s
spending. Proof of overt discrimination is
not required.

Senator Saxbe’s proposed amend­
ment was adopted. 118 Cong. Rec.
1387-1398 (1972). In addition, 2 days
after hearing the comments of Senator Saxbe, quoted above, Congress re­
jected an amendment offered by Sena­
tor Ervin which would have proscribed
the adoption of goals by Government
contractors. 118 Cong. Rec. 1676. In
speaking against this amendment,
Senator Javits had the Third Circuit’s
prior approval of affirmative action
goals in Contractors Ass’n. of Eastern
Pa. v. Shultz, 442 F.2d 159 (3d Cir.
1971), cert, denied, 404 U.S. 854 (1971),
reprinted in the Congressional Record
(118 Cong. Rec. 1665). Moreover, he
argued that what the Ervin amend­
ment sought to reach was:
[T]he whole concept of “affirmative
action” as it has been developed under Ex­
ecutive Order 11246 and as a remedial con­
cept under Title VII.
Philadelphia-type plans are based on the
Federal Government’s power to require its
own contractors or contractors on projects
to which it contributes—for example. State
projects with a Federal contribution—to
take affirmative action to enlarge the labor
pool to the maximum extent by promoting
full utilization of minority-group employees,
and by making certain requirements for
those who hire to seek out minority employ­
ees * 4 * 118 Cong. Rec. 1664 (1972).

Section 60-4.7. This section simply
indicates that regulations in other
parts of 41 CFR Chapter 60 applicable
to construction contractors and, sub­
contractors remain applicable. Specific
examples are listed.
Section 60-4.8. This section estab­
lishes a show cause procedure to be
followed when an investigation or
compliance review has revealed a vio­
lation. The show cause notice, howev­
er, is not required if the matter is to
be referred to the Department of Jus­
tice under Section 209(a)(2) of the Ex­
ecutive Order. In other words, the
show cause notice is required if admin­
istrative rather than judicial proceed­
ings are contemplated. In addition, the
show cause notice must itemize the
sections of the Order and regulations
which the investigation revealed have
been violated, the corrective actions
necessary to achieve compliance, a re­
quest for a written response and a sug-

gested date for the conciliation confer­
ence (see 41 CFR 60-2.2(c)(l) (i)-(iv)L
Section 60-4.9. This section provides
that by operation of the Executive
Order, the equal opportunity clause
(41 CFR 60-1.4), the Notice of Re­
quirement for Affirmative Action to
Ensure Equal Employment Opportuni­
ty (Executive Order 11246) contained
in § 60-4.2 of the regulations adopted
today and the Standard Federal Equal
Employment Opportunity Specifica­
tion contained in § 60-4.3 of the regu­
lations adopted today shall be deemed
to be included, as applicable, in every
solicitation, contract and subcontract,
required by the Order and the regula­
tions in this chapter to include such
clauses, whether or not they are phys­
ically included and whether or not the
contract is written. This provision is
consistent with case law. See United
States v. New Orleans Public Service,
Inc., 553 F. 2d 459 (5th Cir. 1977),
reh’g. denied, 559 F. 2d 30, pet. for cert,
pending, No. 77-497 and United States
v. Mississippi Power and Light Co.,
553 F. 2d 480 (5th Cir. 1977), reh’g
denied, 559 F. 2d 29, pet. for cert, pend­
ing, No. 77-605.
Other Comments
1. Some comments expressed the
view that the Department of Labor
should withhold a decision until the
Supreme Court has ruled in The Re­
gents of the University of California v.
Bakke case. It, of course, is always dif­
ficult to predict with precision how
the Supreme Court will rale in a spe­
cific case. However, it is not likely that
a ruling in that case, a university ad­
missions case, would have the type of
impact on these regulations that they
should be held in abeyance until the
Supreme Court has ruled.
2. Some contractor comments took
the position.that the obligation to
take affirmative action should be
shared equally by contractors and
their unions. The Department of
Labor does not disagree with the con­
cept of a union taking affirmative
action. However, coverage under the
Executive Order is limited to Federal
contractors and subcontractors. Unless
the union is a contractor or subcon­
tractor, in which case it is covered, the
Executive Order authority over the
union is limited.
3. Some comments objected to main­
taining a record of solicitation of
offers from minority and female con­
tractors and suppliers. This provision
is not intended to compel the contrac­
tor to contract with any specific
group. It has been the Department of
Labor’s experience, however, that
these contractors generally employ
persons protected under the Executive
Order. Thus, federally generated dol­
lars are helping to increase employ­
ment opportunities for minorities and
women. This provision, ultimately

though, is intended to help to evaluate
the contractor’s good faith efforts.
In consideration of the foregoing, 41
CFR Chapter 60 is amended by adding
a new Part 60-4 as set forth below, and,
by deleting Parts 60-5; 60-6; 60-7; 60-8;
60-10; and 60-11. In addition, The
Philadelphia Plan and the New Form,
for Federal Equal Employment Oppor­
tunity Bid Conditions for Federal and
Federally Assisted Construction (41
FR 32482), commonly known as the
Model Federal EEO Bid Conditions,
hereby are terminated and discontin­
ued.
Dated: March 28, 1978.
Ray Marshall,
Secretary of Labor.
Donald Elisburg,
Assistant Secretary,
Employment Standards
Administration.
Weldon J. Rougeau,
Director, OFCCP.
Sec.
60-4.1. Scope and application.
60-4.2 Solicitations.
60-4.3 Equal opportunity clauses.
60-4.4 Affirmative action requirements.
60-4.5 Hometown plans.
60-4.6 Goals and timetables.
60-4.7 Effect on other regulations.
60-4.8 Show cause notice.
60-4.9 Incorporation by operation of the
Order.
Authority: Secs. 201, 202, 205, 211, 301,
302, and 303 of E.O. 11246, as amended, 30
FR 12319; 32 FR 14303.

§ 60-4.1 Scope and application.

This part applies to all contractors
and subcontractors which hold any
Federal or federally assisted construc­
tion contract in excess of $10,000. The
regulations in this part are applicable
to all of a construction contractor’s or
subcontractor's construction employ­
ees who are engaged in on site con­
traction including those construction
employees who work on a non-Federal
or non-federally assisted construction
site. This part also establishes proce­
dures which all Federal contracting of­
ficers and all applicants, as applicable,
shall follow in soliciting for and
awarding Federal or federally assisted
construction contracts. Procedures
also are established which administer­
ing agencies shall follow in making
any grant, contract, loan, insurance, or
guarantee involving federally assisted
construction which is not exempt from
the requirements of Executive Order
11246, as amended.
In addition, this part applies to con
straction work performed by construc­
tion contractors and subcontractors
for Federal nonconstruction contrac­
tors and subcontractors if the con­
struction work is necessary in whole or
in part to the performance of a non­
construction contract or subcontract.

Federal REGISTER, VOL 43, NO. 68—FRIDAY, APRIL 7, 1973

14895

RULES AND REGULATIONS

§ 60-4.2 Solicitations.

(a) All Federal contracting officers
and all applicants shall include the
notice set forth in paragraph (d) of
this section and the Standard Federal
Equal Employment Opportunity Con­
struction Contract Specifications set
forth in § 60-4.3 of this part in all so­
licitations for offers and bids on all
Federal and federally assisted con­
struction contracts or subcontracts to
be performed in geographical areas
designated by the Director pursuant
to § 60-4.6 of this part. Administering
agencies shall require the inclusion of
the notice set forth in paragraph (d)
of this section and the specifications
set forth in § 60-4.3 of this part as a
condition of any grant, contract, sub­
contract, loan insurance or guarantee
involving federally assisted construc­
tion covered by this part 60-4.
(b) All nonconstruction contractors
covered by Executive Order 11246 and
the implementing regulations shall in­
clude the notice in paragraph (d) of
this section in all construction agree­
ments which are necessary in whole or
in part to the performance of the cov­
ered nonconstruction contract.
(c) Contracting officers, applicants
and nonconstruction contractors shall
give written notice to the Director
within 10 working days of award of a
contract subject to these provisions.
The notification shall include the
name, address and telephone number
of the contractor; employer identifica­
tion number; dollar amount of the
contract, estimated starting and com­
pletion dates of the contract; the con­
tract number; and geographical area
in which the contract is to be per­
formed.
(d) The following notice shall be in­
cluded in, and shall be a part of, all so­
licitations for offers and bids on all
Federal and federally assisted con­
struction contracts or subcontracts in
excess of $10,000 to be performed in
geographical areas designated by the
Director pursuant to § 60-4.6 of this
part (see 41 CFR 60-4.2(a)):
Notice of Requirement for Affirmative
Action To Ensure Equal Employment
Opportunity (Executive Order 11246)

1. The Offeror’s or Bidder’s attention is
called to the “Equal Opportunity Clause”
and the “Standard Federal Equal Employ­
ment Opportunity Construction Contract
Specifications” set forth herein.
2. The goals and timetables for minority
and female participation, expressed in per­
centage terms for the Contractor’s aggre­
gate workforce in each trade on all con­
struction work in the covered area, are as
follows:
Timetables Goals for minority Goals for female
participation for
participation in
each trade
each trade
Insert goals for
each year.

Insert goals for
each year.

These goals are applicable to all the Constractor’s construction work (whether or not
it is Federal or federally assisted) performed
in the covered area.
The Contractor’s compliance with the Ex­
ecutive Order and the regulations in 41 CFR
Part 60-4 shall be based on its implementa­
tion of the Equal Opportunity Clause, spe­
cific affirmative action obligations required
by the specifications set forth in 41 CFR 604.3(a), and its efforts to meet the goals es­
tablished for the geographical area where
the contract resulting from this solicitation
is to be performed. The hours of minority
and female employment and training must
be substantially uniform throughout the
length of the contract, and in each trade,
and the constractor shall make a good faith
effort to employ minorities and women
evenly on each of its projects. The transfer
of minority or female employees or trainees
from Contractor to Contractor or from pro­
ject to project for the sole purpose of meet­
ing the Contractor’s goals shall be a viola­
tion of the contract, the Executive Order
and the regulations In 41 CFR Part 60-4.
Compliance with the goals will be measured
against the total work hours performed.
3. The Contractor shall provide written
notification to the Director of the Office of
Federal Contract Compliance Programs
within 10 working days of award of any con­
struction subcontract in excess of $10,000 at
any tier for construction work under the
contract resulting from this solicitation.
The notification shall list the name, address
and telephone number of the subcontractor;
employer identification number; estimated
dollar amount of the subcontract; estimated
starting and completion dates of the sub­
contract; and the geographical area in
which the contract is to be performed.
4. As used in this Notice, and in the con­
tract resulting from this solicitation, the
“covered area” is (insert description of the
geographical areas where the contract is to
be performed giving the state, county and
city, if any).

§ 60-4.3 Equal opportunity clauses.

(a) The equal opportunity clause
published at 41 CFR 60-1.4(a) of this
chapter is required to be included in,
and is part of, all nonexempt Federal
contracts and subcontracts, including
construction contracts and subcon­
tracts. The equal opportunity clause
published at 41 CFR 60-1.4(b) is re­
quired to be included in, and is a part
of, all nonexempt federally assisted
construction contracts and subcon­
tracts. In addition to the clauses de­
scribed above, all Federal contracting
officers, all applicants and all noncon­
struction contractors, as applicable,
shall include the specifications set
forth in this section in all Federal and
federally assisted construction con­
tracts in excess of $10,000 to be per­
formed in geographical areas designat­
ed by the Director pursuant to § 60-4.6
of this part and in construction sub­
contracts in excess of $10,000 neces­
sary in whole or in part to the perfor­
mance of nonconstruction Federal
contracts and subcontracts covered
under the Executive Order.

Standard Federal Equal Employment Op­
portunity Construction Contract Speci­
fications (Executive Order 11246)

1. As used in these specifications:
a. “Covered area” means the geographical
area described in the solicitation from
which this contract resulted;
b. “Director” means Director, Office of
Federal Contract Compliance Programs,
United States Department of Labor, or any
person to whom the Director delegates au­
thority;
c.
“Employer identification number”
means the Federal Social Security number
used on the Employer's Quarterly Federal
Tax Return, U.S. Treasury Department
Form 941.
d. “Minority” includes:
(i ) Black (all persons having origins in any
of the Black African racial groups not of
Hispanic origin);
(i i) Hispanic (all persons of Mexican,
Puerto Rican, Cuban, Central or South
American or. other Spanish Culture or
origin, regardless of race);
(i ii) Asian and Pacific Islander (all persons
having origins in any of the original peoples
of the Far East, Southeast Asia, the Indian
Subcontinent, or the Pacific Islands); and
(i v) American Indian or Alaskan Native
(all persons having origins in any of the
original peoples of North America and
maintaining identifiable tribal affiliations
through membership and participation or
community Identification).
2. Whenever the Contractor, or any Sub­
contractor at any tier, subcontracts a por­
tion of the work involving any construction
trade, it shall physically include in each
subcontract in excess of $10,000 the provi­
sions of these specifications and the Notice
which contains the applicable goals for mi­
nority and female participation and which
is set forth in the solicitations from which
this contract resulted.
3. If the Contractor is participating (pur­
suant to 41 CFR 60-4.5) in a Hometown
Plan approved by the U.S. Department of
Labor in the covered area either individual­
ly or through an association, its affirmative
action obligations on all work in the Plan
area (including goals and timetables) shall
be in accordance with that Plan for those
trades which have unions participating in
the Plan. Contractors must be able to dem-,
onstrate their participation in and compli­
ance with the provisions of any such Home­
town Plan. Each Contractor or Subcontrac­
tor participating in an approved Plan is indi­
vidually required to comply with its obliga­
tions under the EEO clause, and to make a
good faith effort to achieve each goal under
the Plan in each trade in which it has em­
ployees. The overall good faith performance
by other Contractors or Subcontractors
toward a goal in an approved Plan does not
excuse any covered Contractor’s or Subcon­
tractor’s failure to take good faith efforts to
achieve the Plan goals and timetables.
4. The Contractor shall implement the
specific affirmative action standards pro­
vided in paragraphs 7a through p of these
specifications. The goals set forth in the so­
licitation from which this contract resulted
are expressed as percentages of the total
hours of employment and training of minor­
ity and female utilization the Contractor
should reasonably be able to achieve in each
construction trade In which it has employ­
ees in the covered area. The Contractor is
expected to make substantially uniform pro­
gress toward its goals in each craft during
the period specified.

FEDERAL REGISTER, VOL 43, NO. 68—FRIDAY, APRIL 7, 1978

RULES AND REGULATIONS

14896
5. Neither the provisions of any collective
bargaining agreement, nor the failure by a
union with whom the Contractor has a col­
lective bargaining agreement, to refer either
minorities or women shall excuse the Con­
tractor’s obligations under these specifica­
tions, Executive Order 11246, or the regula­
tions promulgated pursuant thereto.
6. In order for the nonworking training
hours of apprentices and trainees to be
counted in meeting the goals, such appren­
tices and trainees must be employed by the
Contractor during the training period, and
the Contractor must have made a commit­
ment to employ the apprentices and train­
ees at the completion of their training, sub­
ject to the availability of employment op­
portunities. Trainees must be trained pursu­
ant to training programs approved by the
U.S. Department of Labor.
7. The Contractor shall take specific affir­
mative actions to ensure equal employment
opportunity. The evaluation of the Contrac­
tor’s compliance with these specifications
shall be based upon its effort to achieve
maximum results from its actions. The Con­
tractor shall document these efforts fully,
and shall implement affirmative action
steps at least as extensive as the following;
a. Ensure and maintain a working environ­
ment free of harassment, intimidation, and
coercion at all sites, and in all facilities at
which the Contractor’s employees are as­
signed to work. The Contractor, where pos­
sible, will assign two or more women to each
construction project. The Contractor shall
specifically ensure that all foremen, super­
intendents, and other on-site supervisory
personnel are aware of and carry out the
Contractor’s obligation to maintain such a
working environment, with specific atten­
tion to minority or female individuals work­
ing at such sites or in such facilities.
b. Establish and maintain a current list of
minority and female recruitment sources,
provide written notification to minority and
female recruitment sources and to commu­
nity organizations when the Contractor or
its unions have employment opportunities
available, and maintain a record of the orga­
nizations’ responses.
c. Maintain a current file of the names,
addresses and telephone numbers of each
minority and female off-the-street applicant
and minority or female referral from a
union, a recruitment source or community
organization and of what action was taken
with respect to each such individual. If such
individual was sent to the union hiring hall
for referral and was not referred back to the
Contractor by the union or, if referred, not
employed by the Contractor, this shall be
documented in the file with the reason
therefor, along with whatever additional ac­
tions the Contractor may have taken.
d. Provide immediate written notification
to the Director when the union or unions
with which the Contractor has a collective
bargaining agreement has not referred to
the Contractor a minority person or woman
sent by the Contractor, or when the Con­
tractor has other information that the
union referral process has impeded the Con­
tractor’s efforts to meet its obligations.
e. Develop on-the-job training opportuni­
ties and/or participate in training programs
for the area which expressly include minor­
ities and women, including upgrading pro­
grams and apprenticeship and trainee pro­
grams relevant to the Contractor’s employ­
ment needs, especially those programs
funded or approved by the Department of
Labor. The Contractor shall provide notice

o. Document and maintain a record of all
of these programs to the sources complied
under 7b above.
' solicitations of offers for subcontracts from
f. Disseminate the Contractor’s EEO minority and female construction contrac­
policy by providing notice of the policy to tors and suppliers, including circulation of
unions and training programs and request­ solicitations to minority and female contrac­
ing their cooperation in assisting the Con­ tor associations and other business associ­
tractor in meeting its EEO obligations; by ations.
including it in any policy manual and collec­
p. Conduct a review, at least annually, of
tive bargaining agreement; by publicizing It all supervisors’ adherence to and perfor­
in the company newspaper, annual report, mance under the Contractor's EEO policies
etc.; by specific review of the policy with all and affirmative action obligations.
management personnel and with all minor­
8. Contractors are encouraged to partici­
ity and female employees at least once a pate in voluntary associations which assist
year; and by posting the company EEO in fulfilling one or more of their affirmative
policy on bulletin. boards accessible to al! action obligations (7a through p). The ef­
employees at each location where construc­ forts of a contractor association, joint con­
tion work is performed.
tractor-union, contractor-community, or
g. Review, at least annually, the compa­ other similar group of which the contractor
ny's EEO policy and affirmative action obli­ is a member and participant, may be assert­
gations under these specifications with all ed as fulfilling any one or more of its obliga­
employees having any responsibility for tions under 7a through p of these Specifica­
hiring, assignment, layoff, termination or tions provided that the contractor actively
other employment decisions including spe­ participates in the group, makes every
cific review of these items with onsite super­ effort to assure that the group has a posi­
visory personnel such as Superintendents, tive impact on the employment of minor­
General Foremen, etc., prior to the initi­ ities and women in the industry, ensures
ation of construction work at any job site. A that the concrete benefits of the program
written record shall be made and main- are reflected in the Contractor's minority
tamed identifying the time and place of and female workforce participation, makes a
these meetings, persons attending, subject good faith effort to meet its individual goals
matter discussed, and disposition of the sub­ and timetables, and can provide access to
ject matter.
documentation which demonstrates the ef­
h. Disseminate the Contractor’s EEO fectiveness of actions taken on behalf of the
policy externally by including it in any ad­ Contractor. The obligation to comply; how­
vertising in the news media, specifically in­ ever, is the Contractor’s and failure of such
cluding minority and female news media, a group to fulfill an obligation shall not be a
and providing written notification to and defense for the Contractor’s noncompliance.
discussing the Contractor's EEO policy with
9. A single goal for minorities and a sepa­
other Contractors and Subcontractors with
single goal for women have been estab­
whom the Contractor does or anticipates rate
lished. The Contractor, however, is required
doing business.
equal employment opportunity
i. Direct its recruitment efforts, both oral to provide
to take affirmative action for all minor­
and written, to minority, female and com­ and
munity organizations, to schools with mi­ ity groups, both male and female, and all
nority and female students and to minority women, both minority and non-minority.
and female recruitment and training organi­ Consequently, the Contractor may be in vio­
zations serving the Contractor’s recruitment lation of the Executive Order if a particular
area and employment needs. Not later than group is employed in a substantially dispa­
one month prior to the date for the accep­ rate manner (for example, even though the
tance of applications for apprenticeship or Contractor has achieved its goals for women
other training by any recruitment source, generally, the Contractor may be in viola­
the Contractor shall send written notifica­ tion of the Executive Order if a specific mi­
tion to organizations such as the above, de­ nority group of women is underutilized).
10. The Contractor shall not use the goals
scribing the openings, screening procedures,
and tests to be used in the selection process. and timetables or affirmative action stan­
j. Encourage present minority and female dards to discriminate against any person be­
employees to recruit other minority persons cause of race, color, religion, sex, or national
and women and, where reasonable, provide origin.
11. The Contractor shall not enter into
after school, summer and vacation employ­
ment to minority and female youth both on any Subcontract with any person or firm de­
the site and in other areas of a Contractor’s barred from Government contracts pursu­
ant to Executive Order 11248,
workforce.
12. The Contractor shall carry out such
k. Validate all tests and other selection re­
quirements where there is an obligation to sanctions and penalties for violation of
these
specifications and of the Equal Oppor­
do so under 41 CFR Part 60-3.
1. Conduct, at least annually, an inventory tunity Clause, including suspension, termi­
and evaluation at least of all minority and nation and cancellation of existing subcon­
female personnel for promotional opportu­ tracts as may be imposed or ordered pursu­
nities and encourage these employees to ant to Executive Order 11246, as amended,
seek or to prepare for, through appropriate and its implementing regulations, by the
Office of Federal Contract Compliance Pro­
training, etc., such opportunities.
m. Ensure that seniority practices, job grams. Any Contractor who fails to carry
classifications, work assignments and other out such sanctions and penalties shall be in
personnel practices, do not have a discrimi­ violation of these specifications and Execu­
natory effect by continually monitoring all tive Order 11248, as amended.
personnel and employment related activités ' 13. The Contractor, in fulfilling its obliga­
to ensure that the EEo policy and the Con­ tions under these specifications, shall imple­
tractor’s obligations under these specifica­ ment specific affirmative action steps, at
tions are being carried out.
least as extensive as those standards pre­
n. Ensure that all facilities and company scribed in paragraph 7 of these specifica­
activities are nonsegregated except that sep­ tions, so as to achieve maximum results
arate or single-user toilet ■ and necessary from its efforts to ensure equal employment
changing facilites shall be provided to opportunity. If the Contractor fails to
assure privacy between the sexes.
comply with the requirements of the Execu-

FEDERAL

VOL 43, NO. 68—FRIDAY, APril 7, 1978

14897

RULES AND REGULATIONS
tive Order, the implementing regulations, or
these specifications, the Director shall pro­
ceed in accordance with 41 CFR 60-4,8.
14. The Contractor shall designate a re­
sponsible official to monitor all employment
related activity to ensure that the company
EEO policy is being carried out, to submit
reports relating to the provisions hereof as
may be required by the Government and to
keep records. Records shall at least include
for each employee the name, address, tele­
phone numbers, construction trade, union
affiliation if any, employee identification
number when assigned, social security
number, race, sex, status (e.g., mechanic, ap­
prentice, trainee, helper, or laborer), dates
of changes in status, hours worked per week
in the indicated trade, rate of pay, and loca­
tions at which the work was performed. Re­
cords shall be maintained in an easily un­
derstandable and retrievable form; however,
to the degree that existing records satisfy
this requirement, contractors shall not be
required to maintain separate records.
15. Nothing herein provided shall be con­
strued as a limitation upon the application
of other laws which establish different stan­
dards of compliance or upon the application
of requirements for the hiring of local or
other area residents (e,g„ those under the
Public Works Employment Act of 1977 and
the Community Development Block Grant
Program).

(b) The notice set forth in 41 CFR
60-4.2 and the specifications set forth
in 41 CFR 60-4.3 replace the New
Form for Federal Equal Employment
Opportunity Bid Conditions for Feder­
al and Federally Assisted Construction
published at 41 FR 32482 and com­
monly known as the Model Federal
EEO Bid Conditions, and the New
Form shall not be used after the regu­
lations in 41 CFR part 60-4 become ef­
fective.
§ 60-4.4 Affirmative action requirements.

(a) To implement the affirmative
action requirements of Executive
Order 11246 in the construction indus­
try, the Office of Federal Contract
Compliance Programs previously has
approved affirmative action programs
commonly referred to as “Hometown
Plans,’’ has promulgated affirmative
action plans referred to as “Imposed
Plans” and has approved “Special Bid
Conditions” for high impact projects
constructed in areas not covered by a
Hometown or an Imposed Plan. All so­
licitations for construction contracts
made after the effective date of the
regulations in this part shall include
the notice specified in §60-4.2 of this
part, and the specifications in § 60-4.3
of this part in lieu of the Hometown
and Imposed Plans including the
Philadelphia Plan and Special Bid
Conditions. Until the Director has
issued an order pursuant to § 60-4.6 of
this part establishing goals and time­
tables for minorities in the appropri­
ate geographical areas or for a project
covered by Special Bld Conditions, the
goals and timetables for minorities to
be inserted in the Notice require by 41
CFR 60-4.2 shall be the goals and ti-

(2) Is signatory to a Hometown Plan
metables contained in the Hometown
Plan, Imposed Plan or Special Bid for that trade but is not party to a col­
Conditions presently covering the re­ lective bargaining agreement for that
spective geographical area or project trade;
involved.
(3) Is signatory to a Hometown Plan
(b) Signatories to a Hometown Plan for that trade but is party to a collec­
(including heavy highway affirmative tive bargaining agreement with labor
action plans) shall have 45 days from organizations which are not or cease
the effective date of the regulations in to be signatories to the same Home­
this part to submit under such a Plan town Plan for that trade;
(for the Director’s approval) goals and
(4) Is signatory to a Hometown Plan
timetables for women and to include for that trade and is party to a collec­
female representation on the Home­ tive bargaining agreement with a labor
town Plan Administrative Committee. organization for that trade but the
Such goals for female representation- two have not jointly executed a specif­
shall be at least as high as the goals ic commitment to minority and female
established for female representation goals and timetables and incorporated
in the Notice issued pursuant to 41 the commitment in the Hometown
CFR 60-4.6. Failure of the signatories, Plan for that trade;
within the 45-day period, to include
(5) Is participating in a Hometown
female representation and to submit Plan for that Trade which is no longer
goals for women or a new plan, as ap­ acceptable to the Office of Federal
propriate, shall result in an automatic Contract Compliance Programs;
termination of the Office of Federal
(6) Is signatory to a Hometown Plan
Contract Compliance Program’s ap­ for that trade but is party to a collec­
proval of the Hometown Plan. At any tive bargaining agreement with a labor
time the Office of Federal Contract • organization for that trade and the
Compliance Programs terminates or labor organization and the contractor
withdraws its approval of a Hometown have failed to make a good faith effort
Plan, or when the Plan expires and an­ to comply with their obligations under
other Plan is not approved, the con­ the Hometown Plan for that trade.
tractors signatory to the Plan shall be
(b) Contractors participating in Ho­
covered automatically by the Specifi­ metown Plans must be able to demon­
cations set forth in § 60-4.3 of this part strate their participation and docu­
and by the goals and timetables estab­ ment their compliance with the provi­
lished for that geographical area pur­ sions of the Hometown Plan.
suant to § 60-4.6 of this part.
§ 60-4.5 Hometown plans.

(a) A contractor participating, either
individually or through an association,
in an approved Hometown Plan (in­
cluding heavy highway affirmative
action plans) shall comply with its af­
firmative action obligations under Ex­
ecutive Order 11246 by complying with
its obligations under the Plan: Pro­
vided, That each contractor or subcon­
tractor participating in an approved
Plan is individually required to comply
with the equal opportunity clause set
forth in 41 CFR 60-1.4; to make a good
faith effort to achieve the goals for
each trade participating in the Plan in
which it has employees; and that the
overall good performance by - other
contractors or subcontractors toward a
goal in an approved Plan does not
excuse any covered contractor's or
subcontractor’s failure to take good
faith efforts to achieve the Plan’s
goals and timetables. If a contractor is
not participating in an approved Ho­
metown Plan it shall comply with the
Specifications set forth in § 60-4.3 of
this part and with the goals and time­
tables for the appropriate area as
listed in the Notice required by 41
CFR 60-4.2 with regard to that trade.
For the purposes of this part 60-4, a
contractor is not participating in a Ho­
metown Plan for a particular trade if
it:
(1) Ceases to be signatory to a Ho­
metown Plan covering that trade;

§ 60-4.6 Goals and timetables.

The Director, from time to time,
shall issue goals and timetables for mi­
nority and female utilization which
shall be based on appropriate work­
force, demographic or other relevant
data and which shall cover construc­
tion projects, or construction contracts
performed in specific geographical
areas. The goals shall be applicable to
each construction trade in a covered
contractor’s or subcontractor’s entire
workforce which is working in the
area covered by the goals and timeta­
bles, shall be published as notices the
Federal Register, and shall be insert­
ed by the contracting officers and ap­
plicants, as applicable, in the Notice
required by 41 CFR GO-4.2.
§ 60-4.7 Effect on other regulations.

The regulations in this part are in
addition to the regulations contained
in this chapter which apply to con­
struction contractors and subcontrac­
tors generally. See particularly, 41
CFR 60-1.4 (a), (b), (c), (d), and (e);
60-1.5; 60-1.7; 60-1.8; 60-1.26; 60-1.29;
60-1.30; 60-1.32; 60-1.41; 60-1.42; 601.43; and 41 CFR part 60-3; part 60-20;
part 60-30; part 60-40; and part 60-50.
§ 60-4.8 Show cause notice.

If an investigation or compliance
review reveals that a construction con­
tractor or subcontractor has violated
the Executive Order, any contract

FEDERAL REGISTER, VOL. 43, NO. 63—FRIDAY. APRIL 7. 1978

RULES AND REGULATIONS

14898

clause, specifications or the regula­
tions in this chapter and if administra­
tive enforcement is contemplated, the
Director shall issue to the contractor
or subcontractor a notice to show
cause which shall contain the items
specified in (i)-(iv) of 41 CFR 602.2(c)(1). If the Contractor does not
show good cause within 30 days, or in
the alternative, fails to enter an ac­
ceptable conciliation agreement which
includes where appropriate, make up
goals and timetables, back pay, and
seniority relief for affected class mem­
bers, the compliance agency shall

follow the procedure in 41 CFR 601.26(b): Provided, That where a conci­
liation agreement has been violated,
no show cause notice is required prior
to the initiation of enforcement pro­
ceedings.
§60-4.9 Incorporation by operation of the
Order.

By operation of the Order, the equal
opportunity clause contained in § 601.4, the Notice of Requirement for Af­
firmative Action to Ensure Equal Em­
ployment Opportunity (Executive
Order 11246) contained in § 60-4.2, and

FEDERAL REGISTER, VOL 43, NO. 68—FRIDAY, APRIL 7,

the Standard Federal Equal Employ­
ment Opportunity Construction Con­
tract Specifications (Executive Order
11246) contained in §60-4.3 shall be
deemed to be a part of every solicita­
tion or of every contract and subcon­
tract, as appropriate, required by the
Order and the regulations in this
chapter to include such clauses wheth­
er or not they are physically incorpo­
rated in such solicitation or contract
and whether or not the contract is
written.
[FR Doc. 78-9083 Filed 4-6-78; 8:45 am)

1978

NOTICES
[4510-27]

DEPARTMENT GF LABOR
Office eF Fédéral Contract Compliance
Programs
WOMEN AMD MINORITIES IN CONSTRUCTION
Goals and Timetables for female end Minority
Participation in the Construction Industry

Regulations (41 CFR 60-4.6) pub­
lished by the Department of Labor in
the Federal Register today require
the Director of the Office of Federal
Contract
Compliance
Programs
(OFCCP) to issue goals and timetables
for minority and female utilization for
Federal and federally assisted con­
struction contractors and subcontrac­
tors. The regulations require that the
goals be based on workforce, demogra­
phic or other relevant data.
The regulations also require that the
goals and timetables be published in
the Federal Register in a notice of
general information to the public but
not for public comment. However, last
August when the Department of
Labor proposed a new Part 60-4 to 41
CFR Chapter 60, a notice proposing to
establish goals and timetables for
women in the construction industry
was published for public comment be­
cause the OFCCP previously had not
required goals for women in the con­
struction industry under the Execu­
tive Order program, and because of
the general interest in this subject (42
FR 41383). The comments have been
reviewed and analyzed.
This notice is issued pursuant to 41
CFR 60-4.6 and establishes goals and
timetables for women and minorities
under Executive Order 11246, as
amended (3 CFR Part 169 (1974)), in
the construction industry. The goals
for female utilization are expressed in
terms of hours of training and employ­
ment as a proportion of the total
number of hours to be worked by the
contractor’s aggregate work force,
which includes all supervisory person­
nel, in each trade on all projects (both
Federal and non-Federal).
Goals for Female Utilization
A review of statistics relating to
women in the construction industry
shows an almost total exclusion of
women from employment. Continued
reliance by contractors on established
hiring practices may reasonably be ex­
pected to result in a continuation of
almost total female exclusion. Indeed,
the female representation level in the
construction industry is so low that
the data packages prepared by the
Bureau of the Census pursuant to con­
tract with OFCCP are of little or no
value as a source for computing goals
for women on a Standard Metropoli­
tan Statistical Area (SMSA) or local
basis. To implement the affirmative
action requirement of Executive Order

11246, as amended, and to achieve a
program of equal employment oppor­
tunity for women, in the construction
industry, goals and timetables are es­
tablished in this Notice for female par­
ticipation.
OFCCP has examined and consid­
ered a number of approaches for de­
veloping affirmative action goals for
women. Methods, including the female
workforce, different proportions of
the female workforce, and female rep­
resentation in apprenticeship positions
were examined.
Thought also had been given to es­
tablishing a pilot program for the pur­
pose of developing a data base on
which female goals could be devel­
oped. Each of these methods, however,
suffers from certain deficiencies such
as a tendency toward initial goals
either so high or so low that the result
would be meaningless. This Notice
considers the relevant characteristics
of the construction industry as they
relate to developing goals and timeta­
bles for women and the need to estab­
lish effective implementation of the
Executive Order.
The goals for women in construction
are established for a period of three
years. The goals are 3.1 percent, 5 per­
cent, and 6.9 percent for the first,
second, and third year, respectively.
These goals are developed using two
sets of statistics. First, according to
the 1970 census, ("Table 229 Selected
Occupations by Major Industry of the
Experienced Civilian Labor Force,”
Detailed Characteristics United States
Summary, VS.PC(1)D1, U.S. Census1970), the female workforce currently
classified as craftsmen and kindred
workers in the construction industry is
1.2 percent. By extrapolating from
Census data (using the categories of
craftsmen and kindred workers and
operatives in the construction indus­
try), the female participation rate is
remarkably similar—1.3 percent. The
category, operatives, includes workers
who frequently are considered con­
struction craftsmen (e.g.- drywall in­
stallers and lathers, asbestos and insu­
lation workers, and welders). In addi­
tion, according to the 1970 Census
("Table 224 Occupations of Experi­
enced Civilian Labor Force by Race
and Sex, and Weeks Worked in 1969
and Experienced Workers not in Labor
Force by Sex,” Detailed Characteris­
tics United States Summary, Vol.
PC(1)DL, U.S. Census, 1970), women
constitute 5 percent of all craft and
kindled workers. This occupation
group includes apparel craftsmen and
upholsterers, bakers, cabinetmakers,
construction craftsmen, foremen, line­
men and servicemen—telephone and
power, locomotive engineers and fire­
men, mechanics and repairmen, metal
craftsmen (except mechanics), print­
ing craftsmen, stationary engineers
and power station operators, and other

14899

craftsmen and kindred workers. This
group consists of workers in occupa­
tions with working conditions similar
to those found in the construction in­
dustry. These occupations require
skills and abilities comparable to those
required of employees working in the
construction industry. These noncon­
struction occupations are closely relat­
ed to construction craft work, and
demonstrate a comparatively higher
female participation rate which also
demonstrates a willingness on the part
of women to undertake the types of
work which include the occupation of
construction craftsmen.
It is reasonable to expect therefore
that within a two-year period the con­
struction industry, by undertaking af­
firmative action, could achieve a 5 per­
cent female participation goal. This
same effort would raise the goal to 6.9
percent in the third year. The statis­
tics on which these goals are based are
national in. scope. Such statistics are
.not available on an SMSA or county
basis. Moreover, the female population
is distributed evenly throughout the
country.
The female goal is nation-wide, ap­
plies to all construction contractors
and subcontractors who hold a Feder­
al or federally assisted construction
contract or subcontract in excess of
$10,000, and the goal applies to such
contractor’s entire workforce. Also
under the regulation governing con­
struction contractors under Executive
Order 11246 published today in the
Federal Register, Hometown Plans
are required to submit goals for
women to the Director for approval.
No goals lower than those established
herein will be approved. If the Hometown Plans do not submit female affir­
mative action goals within the speci­
fied period and receive approval, the
Department's approval of the plan will
be withdrawn automatically and the
goals established herein shall be appli­
cable in those Hometown areas.
These initial goals are intended to
provide immediate equal employment
opportunity for women in the con­
struction industry.
In order to develop goals and timeta­
bles for women in construction on a
more permanent basis, a working com­
mittee will be established to make rec­
ommendations to the Director,
OFCCP, on the total involvement of
women in the construction industry.
The exact structure and composition
of the committee has not been deter­
mined.
Contractors are advised, however,
that where higher state, local or other
jurisdictional goals for women are in
effect, compliance with the goals, and
timetables proposed herein would not
relieve the contractor of its obligation
to comply with the higher local goal.
Similarly, this Notice does not affect
or limit in any way the application of

FEDERAL REGISTER, VOL. 43, NO. 63—FRIDAY, APRIL 7, 1978

NOTICES

. 14900

requirements providing for the em­
ployment of local residents such as
those contained in the Community De­
velopment Block Grant and the Public
Work Employment Act grant pro­
grams.
Goals for Minorities
The preamble to regulations estab­
lishing a new part 60-4 to 41 CFR
chapter 60 published elsewhere in the
Federal Register today, states that
OFCCP contemplates proposing stan­
dards and goals for minorities within
the very near future. Until that notice
has been proposed and final action
taken, construction contractors and
subcontractors will continue to be sub­
ject to the goals and timetables for mi­
nority utilization on Federal and fed­
erally assisted construction existing
now under Executive order 11246.
Such goals are published in appendix
B.
Now, therefore, based on the forego­
ing and 41 CFR part 60-4, each con­
tracting agency, each applicant, and
each contractor shall include the ap­
propriate goal set forth in appendix A
and appendix B in all invitations for
bids or other solicitations for federally
involved construction contracts in
excess of $10,000. The goals in appen­
dix A hereby are established on a na­
tionwide basis as the standards for
female utilization for all trades.
Appendix B established the goals for
minority utilization which shall be ap­
plicable for the respective areas set
forth in appendix B.
Appendix A and Appendix B shall be
effective with respect to transactions
for which the invitations for bids or
other solicitations or amendments
thereto are sent on or after May 8,
1978.
Weldon J. Rougeau,
Director, OFCCP.
March 28, 1978.

ed construction contracts and subcontracts
in excess of $10,000 to be performed in the
respective covered areas. The goals are ap­
plicable to the contractor’s aggregate on-site
construction workforce whether or not part
of that workforce is performing work on a
Federal or federally-assisted construction
contract or subcontract.

CAMDEN, N.J. AREA

Area Covered: Camden, N.J., area of
Camden, Salem, and Gloucester Counties.
Goals and Timetables

Timetable

The following goals and timetables for
female utilization shall be included in all
Federal and federally assisted construction
contracts and subcontracts in excess of
$10,000. The goals are applicable to the con­
tractor’s aggregate on-site construction
workforce whether or not part of that work­
force is performing work on a Federal or
federally assisted construction contract or
subcontract.

Goal
(percent)

Region 1
Asbestos workers.. 11.6 to 14.5.
Boilermakers.... . 10.8 to 13.5.
Bricklayers........... 17.3 to 20.0.
Carpenters........... 11.2 to 13.0.
Cement masons..., 12.0 to 15.0.
Electricians.......... 14.9 to 17.8.
Elevator
10.8 to 13.5.
constructors.
Glaziers................. 16.0 to 20.0.
Lathers................. 10.3 to 13.5.
Operating
10.0 to 12.5.
Engineers.
Painters/
8.8 to 12.8.
Decorators/
Paper-hangers.
Plasterers..... ........ 17.0 to 19.0.
Plumbers/
8.4 to 10.5.
Pipefitters/
Steamfitters.
Roofers .................. 8.4 to 10.5.
Sheetmetal
11.2 to 14.0.
Workers.
Sprinkler Fitters.. 10.8 to 13.5.
Structural Metal 12.9 to 15.3.
Workers.
Wharf 7 Dock
10.3 to 13.5.
Builders,

Until further
notice.

BOSTON, MASS. AREA

Area covered—Arlington, Boston, Bel­
mont, Brookline, Burlington, Cambridge,
Canton, Chelsea, Dedham, Everett, Malden,
Medford, Wakefield, Westwood, Winthrop,
Winchester, Woburn, and thé Islands of
Boston Harbor, Mass.
Goals and Timetables

Timetable
Until further
notice.

Trade

Goal
(percent)

Asbestos workers., 10.8 to
10.12.
Boilermakers....... 9.6 to 12.0.
Bricklayers........... 3.0 to 10.0.
Carpenters........... 11.6 to 14.5.
Cement masons.... 25.5 to 27.5..
Electricians.......... 6.0 to 7.0.
9.5 to 11.4,
Elevator
constructors.
Glaziers................. 8.8 to 11.0.
Ironworkers.......... 5.9 to 6.9.
Lathers................. 8.9 to 8.9.
Operating14.1 to 15.0.
engineers.
Painters................ 9.1 to 11.1.
Pipefitters............ 11.0 to 12.1.
Plasterers............. 20.5 to 22.5.
Plumbers.............. 9,8 to 11.8,
,
Roofers.................
8.4 to 10.5.
Sheetmetal
10.1 to 12.1.
workers.
Sprinkler fitters... 12.3 to 15.8.
Ail other trades.... 10.3 to 12.3

‘Region refers to the 10 regions in which
the U.S. Department of Labor has offices.
These Regions are headquartered in Boston,
New York, Philadelphia, Atlanta, Chicago,
Dalias, Kansas City, Denver, San Francisco,
and Seattle, which are numbers I through X
respectively.

,

-

ELMIRA, N.Y. AREA

Area Covered: Chemung. Steuben, Schuy­
ler, Tioga, and Yates Counties, N.Y.
Goals and Timetables

Timetable
Until further
notice.

Trade

Goal (percent)

All....... ................... 4.0 to 5.0.

LONG ISLAND, N.Y. AREA

Area Covered: Nassau and Suffolk Counties, N.Y.

STATE OF RHODE ISLAND AREA

Appendix A

Trade

Goals and Timetables

Area Covered—Statewide.
Goals and Timetables
Timetable

Timetable

Until further
notice.

Trade
All..........................

Goal
(percent)

Until further
notice.

Trade

Goal
(percent)

All........................... 6.0 to 8.0.

5.0.
WESTCHESTER, N.Y. AREA

Area covered—Westchester County, N.Y.

AREA COVERED

REGION II

Goals and Timetables

Goals for Women apply nationwide.

BUFFALO, N.Y. AREA

GOALS AND TIMETABLES

Timetable

Goals
(percent)
From Apr. 1, 1978until Mar. 31, 1979 .....
3.1
From Apr. 1, 1979until Mar. 31, 1980.....
5.1
From Apr. 1, 1980until Mar. 31, 1981.....
6.9

Area Covered—Erie County and Buffalo,
N.Y.
Goals and Timetables

Timetable

Appendix B

Until further notice, the following goals
and timetables for minority utilization shall
be included in all Federal or federally-assist-

Until further
notice.

Trade

Timetable

Until further
notice.
Goal
(percent)

Trade

AU.......................... 11 to 13.

REGION III

Ali.......................... 10.6 to 13.2.

STATE OF DELAWARE AREA

Area covered—State of Delaware.

FEDERAL REGISTER, VOL. 43, HO. 68—FRIDAY, APrIL 7, 1978

Goal
(percent)

14901

NOTICES
Goals and Timetables
Timetable

Trade

Goal
(percent)

Timetables

All.......................... 11 to 13.

Until farther
notice.

PHILADELPHIA, PA., AREA

Goals and Timetables
Trade
Ironworkers.........
Plumbers and
pipefitters.
Steamfitters.........
Sheetmetal
workers.
Electrical workers
Elevator
construction
workers.

Until further
notice.

Goal
(percent)
22 to 26.
20 to 24.
20 to 24.
19 to 23.
19 to 23
19 to 23.

Goals and Timetables

ATLANTA, GEORGIA AREA

Timetable

Goal
(percent)

Trade

Asbestos workers., 8.6 to 10.3.
Bricklayers............ 16.3 to 18.2.
Carpenters........... 11.0 to 12.8.
Electricians.......... 10.9 to 12.2.
Glaziers................. 10.2 to 12.2.
Ironworkers......... 14.0 to 16.0.
Metal Lathers...... 10.0 to 12.0.
Painters................ 10.3 to 12.0.
■ Plumbers..............
9.4 to 10.9.
Pipefitters............ 9.4 to 10.9.
Plasters.................. 24.4 to 25.8.
Roofers................. 18.0 to 20.0.
Sheetmetal........... 9.5 to 11.3.
Sprinkler fitters... 8.3 to 9.9.
Operating
24.0 to 27.7.
engineers.
Elevator
9,6 to 11.5.
installers.

Until further
notice.

BIRMINGHAM, ALA. AREA

Area covered—Jefferson,
Walker Counties, Ala.

Shelby,

and

Timetable

Until further
notice.

Timetable

Until further
notice.

Trade

Goal
(percent)

Trade

All.......................... 20.0 to 40.0.

NASHVILLE, TENN., AREA

Area covered—City of Nashville, Tenn.
Goals and Timetables

Timetable

Until further
notice.

Goal
(percent)

Trade

All.......................... 16.0 to 20.0.

Goal
(percent)

AKRON, OHIO, AREA

Area covered—Summit,
Medina Counties, Ohio.

Portage

Timetable

Goal
(percent)

Electricians.......... 28.0 to 34.0.
Painters and
35.0 to 42.0.
paperhangers.
Plumbers,
25.0 to 30.0.
pipefitters and
steamfitters.
Iron workers........ 35.0 to 43.0.
Sheetmetal
25.0 to 31.0.
workers.
Elevator
34.0 to 40.0.
constructors.
Asbestos workers.. 26.0 to 32.0.
Lathers.................. 34.0 to 40.0.

Until further
notice.

Trade

Timetable

Until further
notice.

Goal
(percent)

All.......................... 24 to 30.

and

Goals and Timetables

charlotte, n.c. area

Goals and Timetables

Until further
notice.

Goals and Timetables

Region V

All.......................... 20 to 24.

Until farther
notice.

WASHINGTON, D.C. AREA

Trade

Area covered—Dade County, Fla.

Goals and Timetables

Area Covered.—District of Columbia; the
Area covered—Mecklenburg and Union
Virginia cities of Alexandria, Fairfax, and Counties, N.C.
Falls Church; the Virginia counties of Ar­
Goals and Timetables
lington, Fairfax, Loudoun, and Prince Wil- ‘
liam; and the Maryland counties of Mont­
gomery and Prince Georges.

Timetables

All.......................... 12.0 to 16.0.

MIAMI, FLA., AREA

Goal
(percent)

Asbestos workers.. 24.3 to 27.8.
Boilermakers....... 33.8 to 37.7.
Bricklayers........... 11.9 to 13.0.
Carpenters........... 11.8 to 12.9.
Cement masons.... 16.3 to 18.1.
Electricians.......... 17.0 to 20.3.
Glaziers................. 26.9 to 30.4.
Ironworkers......... 25.5 to 29.9.
Lathers................. 12.7 to 13.8.
Operating
44.2 to 48.3.
engineers.
Painters................ 16.4 to 17.9.
Plasterers............. 34.3 to 38.0.
Plumbers.............. 7.8 to 9.2.
Roofers................. 47.1 to 50.1.
Sheetmetal
26.0 to 26.9.
workers.
Steamfitters......... 10.1 to 12.9.
Tile setters........... 13.6 to 16.0.
All other............... 27.6 to 31.5.

Until further
notice.

Goal
(percent)

Trade

Goals and Timetables

Goals and Timetables

Until further
notice.

Timetable

Area Covered.—Atlanta, Ga., Standard
Metropolitan Statistical Area which in­
cludes Fulton, DeKalb, Cobb, Clayton and
Gwinnett Counties.

Area covered—Allegheny County, Pa.

Trade

Area covered—Adair, Barren, Bullitt,
Carrol, Edmundson., Grayson, Green,
Hardin, Hart, Henry, Jefferson, Larue,
Meade, Nelson, Oldham, Shelby, Spencer,
Taylor, Trimble, Warren, Washington
Counties, Kentucky; and Clark, Floyd, and
Harrison Counties, Ind.

Region IV

PITTSBURGH, PA., AREA

Timetable

Goal
(percent)

Trade

Boilermakers....... 24.0 to 30.0.
Tile and terrazzo 28.0 to 34.0.
workers.
Glaziers................. 28.0 to 34.0.

Area covered—Bucks, Chester, Delaware,
Montgomery, and Philadelphia Counties,
Pa.

Timetable

LOUISVILLE, KY. AREA

Goals and Timetables—Continued

Trade

Goal
(percent)

All.......................... 10.0 to 12.5.

CANTON, OHIO,AREA

Area covered—Carroll, Holmes, Stark, Tuscarawas, and Wayne Counties, Ohio.
Goals and Timetables

JACKSONVILLE, FLA. AREA

Area covered—Drivai County, Fla.
Timetable

Trade

Goal
(percent)

Goals and Timetables

Timetable

Trade

Goal
(percent)

Until further
notice.

All........................... 7.0 to 8.4.

CHICAGO, ILL., AREA

Until further
notice.

All.......................... 20 to 23.

Area covered—Cook, DuPage, Kane, Lake,
McHenry, and Will Counties.

NOTICES

14902
Goals and Timetables

Trade

Timetable
Until further
notice.

•

Goals and Timetables

Goals and Timetables—Continued
Goal
(percent)

Asbestos workers.. 08.6 to 10.3
Bricklayers..... ...... 16.3 to 8.2.
Carpenters..... ...... 11.0 to 12,8.
Electricians.......... 10.9 to 12.2.
09.6 to 11.5.
Elevator
installers.
Glaziers........ ......... 10.2 to 12.2.
Ironworkers......... 14.0 to 16.0.
Metal lathers...... . 10.0 to 12.0.
10.3 to 12.1.
Painters.......... .
Plumbers.............. 09.4 to 10.9.
09.
4 to 10.9.
Pipe fitters............
Plasterers........... . 24.4 to 25.8.
Roofers.......... ...... 18.0 to 20.0.
Sheetmetal
09.5 to 11.3.
workers.
Sprinkler fitters... 08.3 to 09.9.
Operating
15.7 and
engineers.
above.

Goal
(percent)

Trade

Timetable

All other............... 17.0 to 18.8.

Trade

Timetable

Until further
notice.

Asbestos workers.. 32.2 to 37.?.
Bricklayers............ 17.4 to 19.5.
Electricians........... 06.6 to 07.3.
Elevator
15.5 to 18.0.
constructors.
Glaziers................. 25.2 to 28.6.
Ironworkers......... 11.6 to 14.0.
Lathers.... ............. 21.1 to 22.0.
Operating
07.7 to 08.8.
engineers.
Painters................ 22.4 to 25.0.
Plasterers............. 27.5 to 30.4.
Plumbers.............. 25.5 to 30.0.
Roofers............ .
15.9 to 18.1.
Sheetmetal
09.3 to 10.9.
workers.
Steamfitters......... 14.9 to 17.1.
All other............... 14.1 to 16.2.

DAYTON, OHIO, AREA

Area covered.—Greene, Miami, Montgomery, and Preble Counties, Ohio.
Goals and Timetables
Timetable

Goal
(percent)

Trade

All.......................... 10.6 to 11.8.

Until further
notice.

DETROIT, MICH., AREA
CINCINNATI, OHIO, AREA

Area covered--Ohio counties of Clermont,
Hamilton, and Warren and in the Kentucky
counties of Boone, Campbell, and Kenton,
and in the Indiana county of Dearborn.

Area covered.—Wayne,
Macomb Counties, Mich.

Oakland,

Timetable

Trade

Goals
(percent)

Asbestos workers.. 09.3 to 12.2.
Boilermakers........ 08.0 to 08.4.
Carpenters.......... . 09.0 to 10.7.
10.2 to 12.7,
Elevator
constructors.
Engineers
26.9 to 28.4.
(stationary).
Floor layers........ . 09.0 to 10.5.
Glaziers............ .... 09.1 to 11.1.
Lathers.............. . 09.3 to 10.6.
Marble, tile and
08.3 to 09.9.
terrazzo
workers and
helpers.
Millwrights.......... 09.1 to 10.3.
Painters...... .......... 11.0 to 13.5.
Pipefitters......... . 10.0 to 12.0.
Plasterers............ . 08.7 to 09.6.
Plumbers............. 10,0 to 12.7.
Sheetmetal
10.1 to 11.3.
workers.
AH other.............. . 11.0 to 11.8.

Until further
notice.

and
PEORIA, ILL., AREA

Goals and Timetables
Timetable

Trade

Goals and Timetables

Goal
(percent) '

Electricians.......... 17.0 to 19.0.
Operating
16.9 to 1S.0.
engineers.
Lathers................. 18.6 to 19.6.
Painters................ 15.0 to 17.7.
Riggers.................. 16.8 to 17.7.
Roofers................. 15.3 to 16.6.
15.0 to 17.8.
Tile, terrazzo
marble workers.
Tile and marble
16.0 to 18.5.
helpers.
Terrazzo helpers.. 17.8 to 19.5
All other............... 18.6 to 20.4.

Until further
notice.

EVANSVILLE, IND., AREA

Area covered.—Vanderburgh County, Ind.
Goals and Timetables
Timetable
Until further
notice.

Trade

Goal
(percent,}

Goal
(percent)

All.......... ..... .......... 6.3 to 7.6.

Area covered.—Peoria, Fulton, Tazewell,
Woodford, Knox, Stark, Marshall, Hancock,
Mason, McLean, McDonough, Henderson,
W,arren, Livingston, Bureau, Henry, and
Putnam Counties, lll.
Goals and Timetables
Trade

Timetable

Goal
(percent)

All.......................... 5.0 to 6,0.

Until further
notice.

ROCKFORD, ILL., AREA

Area covered.—Boone, Winnebago, Ste­
phenson, De Kalb, Ogle, Lee, and Jo Daviess
Counties: Cherry Grove, Shannon, Rock
Creek, Lima, Wysox, and Elkhorn Town­
ships in Carroll County; Genesee, Jordan,
Hopkins, Sterling, Hume, Montmorency,
Tampico, and Hahnaman Townships in
Whiteside County, I1L
'
Goals and Timetabes

CLEVELAND, OHIO, AREA

Timetable,

FORT WAYNE, IND., AREA

Area covered. —Ashland, Ashtabula, Crawford, Cuyahoga, Erie, Geauga, Huron, Lake,
Lorain, Sandusky, and Seneca Counties,
Ohio.

Area covered.—Adams, Allen, DeKalb,
Huntington, LaGrange, Noble, Steuben,
Wells, and Whitley Counties, Ind

Goals and Timetables

Goals and Timetables

Until further
notice.

Trade

Goal
(percent)

All..... ...................

10.0 to 12.0. '

SOUTH BEND, IND., AREA

Timetable
Until further
notice.

Trade

Goal
(percent)

Art glass workers. 25.4 to 28.6.
Asbestos workers.. 20.9 to 23.9.
Boilermakers........ 16.3 to 18.9.
Bricklayers.......... . 28.8 to 29.5.
Carpenters............ 08.0 to 08.6.
Cement masons.... 41.1 to 42.2.
Electricians.......... 15.1 to 18.1.
Elevator
28.9 to 32.5.
constructors.
Glaziers................. 35.8 to 40,0.
Ironworkers...... . 11,4 to 13.2.
Painters................ 17.7 to 18.4.
Pipefitters............. 15.7 to 17.9.
Plasterers......... . 21.6 to 23.2.
Plumbers.............. 20.8 to 23.4.
Roofers................ 28.9 to 31.8.

Timetable
Until further
notice.

Trade

Goal
(percent)

Plumbers....... .
05.2 to 05.5.
Steamfitters......... 05.2 to 05.5.
Carpenters........... 05.7 to 05.2.
Bricklayers........... 09.3 to 10.4.
Electricians........... 05.2 to 05.9,
Sheetmetal.... .
04.4 to 05.2.
Ironworkers.......... 07.3 to 08.4.
Operating
05.2 to 06.0.
engineers.
Painters.... .
11.0 to 12.0.
V
All other...............
07.1 to 08.0.

INDIANAPOLIS, IND., ARE/a

Area covered. Marion County, Ind.

Area Covered.—St. Joseph, County, Ind.
Goals and Timetables
Timetable

Until further
notice.

Trade

All............

Goal
(percent)

8.0 to 10.0,

TOLEDO, OHIO, AREA

Area covered.—Defiance, Fulton, Hancock,
Henry, Lusas, Ottawa, Williams, and Wood
Couties, Ohio.

14903

NOTICES
Goals and Timetables

Goals and Timetables
Timetable

Goal
(percent)

' Timetable

Trade

All.......................... 10.7 to 12.3.

Until further
notice.

All.............

Trade

Until further
notice.

OMAHA. NEBR.

Goal
(percent)

20 to 23.

Area covered—Sharpy and Douglas Coun­
ties, Nebr., Council Bluffs, Iowa (city limits
only).
Goals and Timetables
Timetable

YOUNGSTOWN, OHIO, AREA

TULSA, Okla.

Area Covered.—Columbiana, Mahoning,
and Trumbull Counties, Ohio; and Lawrence
and Mercer Counties, Pa.

Area covered—Tulsa, Creek, Mayes,
Rogers, Okfuskee, Washington, Nowata,
Craig, Ottawa, Delaware, Okmulgee (northern half), dividing line Highway 16; Osage
(eastern half), dividing line Highway 18;
Pawnee (eastern half), and Payne (eastern
half) Counties, Okla.

Goals and Timetables
Timetable

Trade

Goal
(percent)

Goals and Timetables

Goal
(percent)

All.......................... 9.0 to 10.0

Until further
notice.

ST. LOUIS, MO.

Area covered.—City of St. Louis, Mo., and
St. Louis County, Mo.
Goals and Timetables

All.......................... 6.0 to 7.1

Until further
notice.

Timetable

Region VI

Until further
notice.

EL PASO, TEX., AREA

Area covered—El Paso County, Tex.
Goals and Timetables
Timetable

Trade

Goal
(percent)

All.......................... 55.1 to 66.2.

Until further
notice.

Trade

Goal
(percent)

Timetable

Bricklayers........... 24.0 to 25.0.
Carpenters........... 17.0 to 18.0.
Cement masons.... 21.5 to 22.5.
Floor covers......... 12.0 to 14.0.
Glaziers, glass
14.7 to 17.3.
workers.
Operating
22.0 to 24.0.
engineers.
Painters................ 18.0 to 20.0.
Pipefitters............ 10.0 to 12.0.
Plumbers.............. 11.6 to 13.2.
Roofers................. 12.0 to 14.0.
Sheetmetal
08.0 to 10.0.
workers.
All other trades.... 12.0 to 14,4.

Until further
notice.

REGION VII

Goals and Timetables
Timetable

Trade

KANSAS CITY (KANS.) AND (MO.)

Goal
(percent)

Area covered—Clay, Platte, Jackson,
Bates, Carroll, Lafayette, Ray, Johnson,
Henry, and Cass Counties, Mo., and Wyandotte, Johnson, and Miami Counties, Kans.

All.......................... 15.8 to 16.8.

Goals and Timetables
Timetable

LITTLE ROCK, ARK., AREA

Area covered—Pulaski County, Ark.

j

Trade

Goal
(percent)

Asbestos workers.. 10.3 to 11.7.
Boilermakers........ 05.9 to 06.4.
Bricklayers........... 19.4 to 20.7.
Carpenters........... 05.9 to 06.9.
Timetable
Trade
Goal
Carpet, linoleum 05.5 to 06.4.
(percent)
and resilient
floor decorators.
Until further
All......................
25.6 to 30.6
Cement masons.... 25.5 to 26.5.
notice.
Elevator
09.2 to 10.7.
constructors.
Electricians.......... 08.0 to 09.4.
NEW ORLEANS, LA.
Glaziers................. 09.8 to 10.5.
Lathers................. 14.5 to 15.6.
Area covered—Parishes of Orleans, Jeffer.
Marble masons,
07.5 to 09.0.
son, St. Bernard, St. Tammany, St. Charles,
tile layers and
St. John, Lafourche, Plaquemines, Washingterrazzo
ton, Terrebonne, Tangipahoa,1 Livingston, ’
workers.
and St. James.’
Marble and tile
04.8 to 05.6.
helpers.
Operating
09.0 to 10,9.
‘Area covered is east of the Illinois Cenengineers.
tral RR.
Painters................ 14.3 to 15.0.
’Area covered is southeast of the line
Pipefitters............ 06.9 to 07.7.
Plasterers............. 19.0 to 20.4.
from a point off the Livingston and TangiPlumbers............. 03.3 to 09.3.
pahoa Parish line adjacent from New OrRoofers............. .... 14.0 to 15.0.
leans and Baton Rouge.
•
Sheetmetal
07.0 to 08.0.
’Area covered is southeast of a line drawn
workers.
from the town of Gramercy to the point of
Teamsters........... 25.0 to 26.0.
intersection of St. James, Lafourche, and
All other trades.... 11.4 to 12.5.
1 ----------------------------------------------------------------------Assumption Parishes.

Goals and Timetables:

Until further „
notice.

Trade

Goal
(percent)

Asbestos workers.. 05.2 to 05.7.
Boilermakers....... 34.0 to 37.7.
Bricklayers........... 12.6 to 14.2.
Carpenters........... 08.2 to 08.9.
13.3 to 16.6.
Cement and
concrete
finishers.
Electricians.......... 13.6 to 16.1.
08.7 to 09.3.
Elevator
constructors.
Glaziers................. 28.7 to 34.5.
Ironworkers......... 09.0 to 10.4.
24.2 to 29.7.
Lathers and
plasterers.
Operating
13.2 to 15.7.
engineers.
25.1 to 29.3.
Painters and
paperhangers.
Plumbers and
13.2 to 15.4.
pipefitters.
17.1 to 19.6.
Roofers and
slaters.
Sheetmetal
22.5 to 27.0.
workers.
08.8 to 10.4.
Tilesetters and
terrazzo
workers.

LAWTON, OKLA., AREA

Area covered—Commanche County, Okla.

Until further
notice.

Trade

TOPEKA, KANS.

Area covered.—Shawnee County, Kans.
Goals and Timetables
Timetable
Until further
notice.

Goal
(percent)

Trade

All.......................... 08.8 to 10.5,

Region VIII
COLORADO

Area covered—State of Colorado.
Goals and Timetables
Timetable
Until further
notice.

Trade

All.........................

Goal
(percent)

13 to 14.

Region IX
ALAMAEDA COUNTY, CALIF., AREA

Area covered.—Alameda County, Calif.

NOTICES

14904

Goals and Timetables

Goals and Timetables
Timetable

Trade

Goal
(percent)

Until further
notice.

AU..............

28.5 to 33.0.

Timetable

Until further
notice.

Goals and Timetables

Until further
notice.

Goal
(percent)

All.......................... 25.0-30.0

Timetable

Goal
(percent)

Asbestos Workers 40.0.

Area covered—San Mateo County, Calif.
Goals and Timetables
Timetable

Goal
(percent)

Trade

Until further
notice.

All.......................... 27.0 to 29.8.

Trade

Goal
(percent)

all.......................... 12.0 to 14.0.

SANTA CLARA COUNTY, CALIF.

Area covered—Santa Clara County, Calif.

Area covered: Contra Costa County, Calif.
NORTH BAY, CALIF.

Goals and Timetables
Trade

Trade

SAN MATEO COUNTY, CALIF.

Goals and Timetables

Until further
notice.

CONTRA COSTA COUNTY, CALIF.

Timetable

Timetable

All.......................... 21.7 to 25.1

Area covered.—Monterey County, Calif.,
and within the jurisdiction of the Monterey
County Building & Construction Trades
Council, AFL-CIO.

Area covered—State of Arizona.

Trade

Goal
(percent)

Trade

MONTEREY, CALIF.

ARIZONA

Timetable

Goals' and Timetables—Continued

Goal
(percent)

Area covered—Solano, Napa, Lake, Marin,
Mendocino, and Sonoma Counties.
Goals and Timetables

Goals and Timetables
Timetable

Trade

Goal
(percent)

AU.......................... 17.0 to 19.5.

Until further
notice.

FRESNO COUNTY, CALIF.

Area covered.—Fresno, Madera, Kings,
and Tulare Counties, Calif.

Timetable
Until further
notice.

Trade

All....................

Goal
(percent)

Until further
notice.

10.5 to 12.6.
SANTA CRUZ COUNTY, CALIF.

Area Covered—Santa Cruz County, Calif.
SACRAMENTO, CALIF.

Goals and timetables
Timetable

Trade

Goal
(percent)

All........................... 18.0 to 21.7.

Area covered—Sacramento, Yolo, Ainador,
Placer, El Dorado, Nevada, and Sierra Coun­
ties, Calif.

Goals and Timetables
Timetable

Trade

Goal
(percent)

Goals and Timetables
Until further
notice.

AU.......................... 20.0 to 27.0.

Timetable

Trade

Goal
(percent)

Until further
notice.

Region X

LAS VEGAS, NEV.

Area covered.—Area of jurisdiction of the
Building & Construction Trades Council of
Clark, Lincoln, Nye and Esmeralda Coun­
ties, Nev.

Until further
notice.

All.......................... 17.5 to 20.0.
ALASKA

Area covered—State of Alaska.
SAN DIEGO COUNTY, CALIF.

Goals and Timetables

until further
notice.

Trade

Goals and Timetables

Area covered—San Diego County, Calif.

Goals and Timetables
Timetable

All.......................... 17.0 to 20.4.

Goal
(percent)

Asbestos workers.. 17.7 to 20.2.
Bricklayers........... 18.8 to 21.3.

Timetable

Trade

Timetable
Goal
(percent)

Until further
All.......................... 24.0 to 30.0.
notice.
Carpenters........... 16.2 to 17.5.
Glaziers,
16.3 to 17.7.
floorcoverers,
SAN FRANCISCO CITY AND COUNTY, CALIF.
painters, tapers
Area covered—City and County of San
and
wallcoverers.
Francisco, Calif.
Plasterers............. 24.6
to27.2.
Goals and Timetables
Plumbers and
15.2
to16.2.
pipefitters.
Sheet metal
16.2
to17.7.
workers.
Timetable
Trade
Goal
(percent)
Wood, wire and
18.1 to 19.3.
metal lathers.
AU other trades.... 18.0 to 19.5.
Until further
Electricians........... 17.0.
notice.
Plumbers,
14.0.
pipefitters and
LOS ANGELES COUNTY, CALIF.
steamfitters.
Structural metal 20.0.
rèa covered. --Area of jurisdiction of the
workers.
Angeles Building & Construction
Sheet metal
19.0
ides Council.
workers.

Until further
notice.

Trade

Goal
(percent)

Asbestos workers.. 26.4 to 28.0.
Carpenters........... 25.7 to 28.0.
Electricians.......... 25.7 to 28.0.
«Ironworkers......... 25.7 to 28.0.
Operating
28.1 to 28.0.
engineers.
Painters...... .......... 25.8 to 28.0.
Pile drivers........... 25.1 to 28.0.
Plumbers and
25.4 to 28.0.
steamfitters.
Roofers................. 27.8 to 23.0.
Sheetmetal
25.6 to 28.0.
workers.
Teamsters............. 25.6 to 28.0.
Another...... ........ 26.1 to 28.1.
PASCO, WASH,

Area covered—The area of Jurisdiction of
the Southeastern Washington Building &
Construction Trades Council as follows: all
of Benton, Franklin, and Walla Walla Counties. Grant County to Highway 2 and the
southwest comer of Adams County, Wash.

FEDERAL REGISTER, VOL 43, NO. 68—FRIDAY, APRIL 7, 1978

14905

NOTICES
SPOKANE, WASH.

Goals and Timetables
Timetable

Until further
notice.

Area covered—Washington Counties: Spo­
kane, Whitman, Lincoln, Adams, Stevens,
Trade
Goal
Pend Oreille, Columbia, Garfield, Asotin,
(percent)
Ferry, Okanogan, Chelan, Douglas and
Grant (north of Highway 2), and in connec­
Boilermakers........ 12.5 to 15.0.
Bricklayers............ 11.0 to 13.5.
tion with Indian employment, parts of any
Carpenters............ 09.8 to 12.3.
other counties included in reservations in­
Cement finishers.. 11.5 to 14.0.
corporating portions of the above area;
Electricians.......... 10.0 to 12.5,
Idaho: Boundary, Bonner, Kootenai, Sho­
Ironworkers......... 10.0 to 12.5.
Operating
10.2 to12.7. shone, Benewah, Latah. Clearwater, Nez
Perce, Lewis, and Idaho, and in connection
engineers.
with Indian employment, any other terri­
Painters.... ............ 10.0 to 12.5.
Plumbers and
09.9 to 12.4.
tory included in reservations, part of which
fitters.
are in the above counties.
Sheetmetal
10.8 to 13.3.
workers.
Laborers............... 09.5 to 12.0,
Allother............... 10.0 to 12.5.

Goals and Timetables
Timetable

Trade

PORTLAND, OREG.

Area covered—Multnomah, Clackamas,
and Washington Counties, Oreg.

Until further
notice.

Goal
(percent)

All.......................... 2.0 and
above.

Goals and Timetables
Timetable
Until further
notice.

Trade

All,....................

Goal
(percent)

5.5 to 6.5.

SEATTLE, WASH.

TACOMA, WASH.

%

Area covered—Pierce, Thurston, Mason,
Lewis, Grays Harber, and Pacific Counties,
Wash.
Goals and Timetables

Area covered—King County, Wash.
Timetable

Goals and Timetables
Timetable

Until further
notice.

Trade

Goal
(percent)

Until further
notice.

Trade

Goal
(percent)

All.......................... 12.2 to 15.0.

All.... ,....,............... 8.8 to 11.5.

[FR Doc. 78-9084 Filed 4-6-78; 8:45 am]

FEDERAL REGISTER, VOL 43, HO. 68—FRIDAY, APRIL 7, 1978

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