Generally speaking, action in compliance with the conciliation agreement would be triggered when your company has a vacancy or begins to recruit applicants. However, the requirements for construction contractors do vary from those of supply and service contractors, as there are additional union record keeping requirements that apply to construction contractors. Contractors with a federal or federally-assisted construction contract or subcontract over $10,000 are required to comply with the Sixteen Specifications, which are the affirmative action steps listed in 41 CFR 4.3[a][7]. For example, if your company is a construction subcontractor, you need to establish and maintain a list of your minority and female recruitment sources, as well as maintaining a record of their responses to you when you notify them of your opportunities. You should have records of the names, addresses, and telephone numbers of each minority and female referral from your union, as well as those you sent to the union for referral, and the corresponding actions taken. You should also disseminate your EEO policy internally and externally, which includes sending this to your union, incorporating this in your collective bargaining agreement, and enlisting your union’s help in fulfilling your equal employment opportunity obligations. Keep in mind that construction contractors are required to send written notification to minority and female recruitment sources and community organizations no later than one month prior to the date they start accepting applications for apprenticeships or training. As a best practice, be proactive and start building relationships with community-based organizations, trade schools and training organizations, minority associations, church organizations, and other recruitment sources that could help you recruit minorities and female applicants. Make them familiar with the types of positions you normally hire for and notify them when the positions become available. This would demonstrate positive recruitment efforts on your part and help you build a good network of recruitment sources that you can draw from, and send to your union. Having a union does not exempt a contractor, construction or not, from the EEO and affirmative action requirements that come with a federal contract or subcontract. In fact, the regulations state that a construction contractor should notify OFCCP if it feels the union has impeded the contractor’s efforts to comply with its EEO/AA obligations.

You can use this OFCCP audit checklist to ensure you're doing what is required to maintain OFCCP's regulations including VEVRAA, Section 503, and EO 11246. Or request a demo to streamline your compliance and recruiting efforts.