80 FR 78770 - Guam Military Base Realignment Contractor Recruitment Standards-Revised
DEPARTMENT OF LABOR
Employment and Training Administration Federal Register Volume 80, Issue 242 (December 17, 2015)
Employment and Training Administration
Federal Register Volume 80, Issue 242 (December 17, 2015)
| Page Range | 78770-78772 | |
| FR Document | 2015-31713 |
[Federal Register Volume 80, Number 242 (Thursday, December 17, 2015)] [Notices] [Pages 78770-78772] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-31713] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment and Training Administration Guam Military Base Realignment Contractor Recruitment Standards-- Revised AGENCY: Employment and Training Administration, Labor. ACTION: Final notice. ----------------------------------------------------------------------- SUMMARY: The U.S. Department of Labor (Department), Employment and Training Administration (ETA), is issuing this notice to revise recruitment standards that construction contractors are required to follow when recruiting United States (U.S.) workers for Guam military base realignment projects authorized by the National Defense Authorization Act (NDAA) for Fiscal Year 2010. DATES: This notice is effective upon publication in the Federal Register. FOR FURTHER INFORMATION CONTACT: Donald Haughton, Office of Workforce Investment, Employment and Training Administration, U.S. Department of Labor, 200 Constitution Avenue NW., Room C-4526, Washington, DC 20210. Telephone (202) 693-2784 (this is not a toll-free number). Individuals with hearing or speech impairments may access the telephone number above via TTY by calling the toll-free Federal Information Relay Service at 1-877-889-5627 (TTY/TDD), fax: (202) 693-3015, email: Haughton.donald.w@dol.gov . SUPPLEMENTARY INFORMATION: Section 2834(a) of the NDAA for Fiscal Year 2010 (Pub. L. 111-84, enacted October 28, 2009) amended Section 2824(c) of the Military Construction Authorization Act (division B of Public Law 110-417; [[Page 78771]] 10 U.S.C. 2687 note) by adding a new subsection (6). This provision prohibits contractors engaged in construction projects related to the realignment of U.S. military forces from Okinawa to Guam from hiring workers holding H-2B visas under the Immigration and Nationality Act, 8 U.S.C. 1101(a)(15)(H)(ii)(b), unless the Governor of Guam (Governor), in consultation with the Secretary of Labor (Secretary), certifies that: (1) There is an insufficient number of U.S. workers that are able, willing, qualified, and available to perform the work; and (2) the employment of workers holding H-2B visas will not have an adverse effect on either the wages or the working conditions of workers in Guam. In order to allow the Governor to make this certification, NDAA requires contractors to recruit workers in the U.S., including in Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, the U.S. Virgin Islands, and Puerto Rico, according to the terms of a recruitment plan developed and approved by the Secretary. That recruitment plan is reproduced in full in Section I below (``Contractor Recruitment Instructions''). The Department developed the Contractor Recruitment Instructions in full consultation with, and with the approval of, the Guam Department of Labor (GDOL). Although the Department developed the recruitment standards, it has assigned oversight of the Contractor Recruitment Standards and the NDAA-required consultation with the Governor to GDOL through a Memorandum of Understanding between the Department and GDOL, effective November 22, 2011, (the MOU can be found on the www.reginfo.gov/public/do/PRAMain Web site). Under NDAA, no Guam base realignment construction project work may be performed by a person holding an H-2B visa under the Immigration and Nationality Act until the contractor complies with the Department's Contractor Recruitment Standards, and the Governor of Guam issues the certification noted above. I. Guam Military Base Realignment Contractor Recruitment Instructions Guam military base realignment contractors must take the following actions to recruit U.S. workers. 1. At least 60 days before the start date of workers under a base realignment contract, contractors must: a. Submit a job posting via a completed Job Order (Guam Form GES 514) in person at the Guam Employment Service office, which is open Monday through Friday (except holidays) 8 a.m. to 5 p.m., at 710 Marine Corps Drive, Suite 301, Bell Tower Plaza, Hagatna (for assistance please call (671)-475-7000). The job posting must be posted on the GDOL Job Bank for at least 21 consecutive days; b. Submit a job posting with the state workforce agency's Internet job boards, for the Commonwealth of the Northern Mariana Islands at https://marianaslabor.net/employer.asp, and in the following states: i. Alaska (www.jobs.state.ak.us); ii. California (www.caljobs.ca.gov); iii. Hawaii (www.hirenethawaii.com); iv. Oregon (www.emp.state.or.us/jobs); and v. Washington (https://fortress.wa.gov/esd/worksource/Employment.aspx). c. Post a help wanted ad in the local newspaper for American Samoa and have a notice posted in the American Samoa Human Resources agency office. For assistance with these tasks, please see the American Samoa Human Resource agency contacts listed at www.jobbankinfo.org. For contractors needing assistance with job postings, additional contact information and a link to the required Guam form GES 514 are listed at www.jobbankinfo.org. Each job posting must be posted for at least 21 consecutive days. d. Submit a job posting with an Internet-based job bank that: i. Is national in scope, including the entire U.S., Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, the Virgin Islands, and the Commonwealth of Puerto Rico; ii. allows job postings for all occupations; and iii. is free of charge for job seekers and their intermediaries in American Job Centers (also known as One-Stop Career Centers) and the U.S. workforce investment system nationwide. e. Where the occupation or industry is customarily unionized, contact the local union in Guam in writing to seek U.S. workers who are qualified and who will be available for the job opportunity. 2. Each job posting in (A)(1) through (5) must include, at a minimum, the following information: a. The contractor's name and appropriate contact information for applicants to inquire about the job opportunity, or to send applications and/or resumes directly to the employer; b. The geographic area of employment, with enough specificity to apprise applicants of any travel requirements and where applicants will likely have to reside to perform the services or labor; c. A statement indicating whether or not the employer will pay for the worker's transportation to Guam; d. If the employer provides transportation, include a statement that daily transportation to and from the worksite(s) will be provided by the employer; e. A description of the job opportunity with sufficient information to apprise U.S. workers of the services or labor to be performed, including the duties, the minimum education and experience requirements, the work hours and days, and the anticipated start and end dates of the job opportunity; f. If the employer makes On-the-Job Training (OJT) available, a statement that it will be provided to the worker; g. If required by law, a statement that overtime will be available to the worker and the wage offer for working any overtime hours; h. The wage offer, and the benefits, if any, offered; i. A statement that the position is temporary; j. The total number of job openings the employer intends to fill; and k. If the employer provides the worker with the option of board, lodging, or other facilities, including fringe benefits, or intends to assist workers to secure such lodging, a statement disclosing the provision and cost of the board, lodging, or other facilities, including fringe benefits or assistance to be provided. 3. During the 28-day recruitment period, which begins on the earliest job posting date, contractors must interview all qualified and available Guam and U.S. construction workers who have applied for the employment opportunity. 4. After the close of the recruitment period, and no later than 30 days before the start date of workers under a contract, the contractor must provide a report including the following information via email to GDOL at ndaa.recruitment@dol.guam.gov, documenting its efforts to recruit U.S. workers from the U.S. and all U.S. territories. a. Indicate all the recruitment approaches used to recruit workers, including an identification of the Internet job banks where the postings occurred, the occupation or trade, a description of wages and other terms and conditions of employment, the dates of each posting, and the job order or requisition number; b. A copy of each job posting; c. How each job posting and response was handled, including: [[Page 78772]] i. The number of job applications received; ii. the name of each applicant; iii. the position applied for; iv. the final employment determination for each applicant or job candidate; and v. for each U.S. job applicant not hired, a description of the specific, lawful, job-related reason for rejecting the applicant for employment, which includes a comparison of the job applicant's skills and experience against the terms listed in the original job posting. Contractors may provide much of this information in the form of a table or spreadsheet, so that instead of a narrative style the contractor need only check an appropriate box or provide a phrase, number or date (e.g., to indicate whether an individual reported for an interview or not, or lacked specific qualifications). II. Public Burden Statement The Office of Management and Budget (OMB) has approved the Department's request to extend the information collection (OMB Control Number 1205-0484) for three years, expiring October 31, 2018. Persons are not required to respond to this collection of information unless it displays a valid OMB control number (1205-0484). The public reporting burden for this collection of information is estimated at three hours per job order, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Further information on this ICR can be accessed using control number 1205-0484 at www.reginfo.gov/public/do/PRAMain. To do this, use the following instructions: 1. Go to the first ``Select Agency'' box and click on the drop-down arrow, and then select ``Department of Labor.'' Then, click on the ``Submit'' button to the right of the box. 2. Each entry lists the OMB Control Number at the top of the entry. Scroll down the screen until 1205-0484 appears (the entries are in numerical order). 3. Once you reach 1205-0484, click on the number immediately below that, the ICR Reference Number (not the Control Number itself). 4. To see the Information Collection notices themselves, click on ``View Information Collection (IC) List'' near the top of the page on the left. To see the Report to Congress, the MOU, the ICR Supporting Statement and other relevant documents, click on ``View Supporting Statement and Other Documents'' near the top of the page on the right. Portia Wu, Assistant Secretary for Employment and Training. [FR Doc. 2015-31713 Filed 12-16-15; 8:45 am] BILLING CODE 4510-FN-P
![78770 Federal Register / Vol. 80, No. 242 / Thursday, December 17, 2015 / Notices
public service to the users of the to remove two questions that were not whether the information will have
Occupational Information Network needed and minor wording changes to practical utility;
(O*NET), in an effort to help them in clarify existing questions. The OCA • evaluate the accuracy of the
obtaining occupational codes and titles process is designed to help the agency’s estimate of the burden of the
for jobs that they are unable to locate in occupational information user relate an proposed collection of information,
O*NET. The O*NET system classifies occupational specialty or a job title to an including the validity of the
nearly all jobs in the United States occupational code and title within the methodology and assumptions used;
economy. However, new occupational framework of the Standard • enhance the quality, utility, and
specialties are continually evolving and Occupational Classification (SOC) based clarity of the information to be
emerging. The use of the OCA is O*NET system. The O*NET–SOC collected; and
voluntary and is provided: (1) As a system consists of a database that • minimize the burden of the
uniform format to the public and private organizes the work done by individuals collection of information on those who
sector to submit information in order to into approximately 1,000 occupational are to respond, including through the
receive assistance in identifying an categories. Additionally, O*NET use of appropriate automated,
occupational code; (2) to assist the occupations have associated data on the electronic, mechanical, or other
importance and level of a range of technological collection techniques, or
O*NET system in identifying potential
occupational characteristics and other forms of information technology,
occupations that may need to be
requirements, including knowledge, e.g., permitting electronic submissions
included in future O*NET data
skills, abilities, tasks and work of responses.
collection efforts; and (3) to provide activities. Since the O*NET–SOC
input to a database of alternative (lay) system is based on the SOC system, III. Current Actions
titles to facilitate searches for identifying an O*NET–SOC code and
occupational information on the O*NET Type of Review: extension with
title also facilitates linkage to national, changes.
Web sites including O*NET OnLine state, and local occupational
(http://online.onetcenter.org), My Next Title: Occupational Code Assignment.
employment and wage estimates.
Move (www.MyNextMove.gov), My Next OMB Number: 1205–0137.
Move for Veterans II. Review Focus Affected Public: Federal government,
(www.MyNextMove.org/vets), O*NET The Department is particularly state, and local government, business or
Code Connector interested in comments which: other for-profit/non-profit institutions,
(www.onetcodeconnector.org), as well as • Evaluate whether the proposed and individuals.
CareerOneStop collection of information is necessary Form(s): ETA–741.
(www.careeronestop.org). Minor for the proper performance of the Total Annual Respondents: 14.
changes were made to the previous form functions of the agency, including Annual Frequency: On occasion.
SUMMARY OF ANNUAL BURDEN FOR THE OCCUPATIONAL CODE ASSIGNMENT
Salary
Requests per Hours/re- Hours burden expenditure used 3
Form year 1 quest 2 used (hours ×
hourly income)
OCA—Part A ............................................................................................. 14 .5 7.0 $384.16
1 Estimate based on average for January 2013 through October 2015
2 Estimates on OCA form—Part A = 30 minutes
3 Salary based on Occupational Employment Statistics data for Human Resource Manager, median wage as of May 2014 = $54.88/hour
Total Burden Cost (capital/startup): 0. DEPARTMENT OF LABOR DATES: This notice is effective upon
Total Burden Cost (operating/ publication in the Federal Register.
Employment and Training FOR FURTHER INFORMATION CONTACT:
maintaining): 0.
Administration Donald Haughton, Office of Workforce
Average Time per Response: 30 Investment, Employment and Training
minutes for the OCA Part A; 40 minutes Guam Military Base Realignment Administration, U.S. Department of
for the OCA Part A and OCA Request for Contractor Recruitment Standards— Labor, 200 Constitution Avenue NW.,
Additional Information combined. Revised Room C–4526, Washington, DC 20210.
Estimated Total Burden Hours: 7.0. AGENCY: Employment and Training Telephone (202) 693–2784 (this is not a
Comments submitted in response to Administration, Labor. toll-free number). Individuals with
ACTION: Final notice. hearing or speech impairments may
this comment request will be
access the telephone number above via
summarized and/or included in the
SUMMARY: The U.S. Department of Labor TTY by calling the toll-free Federal
request for OMB approval of the ICR; Information Relay Service at 1–877–
(Department), Employment and
they will also become a matter of public 889–5627 (TTY/TDD), fax: (202) 693–
Training Administration (ETA), is
asabaliauskas on DSK5VPTVN1PROD with NOTICES
record. issuing this notice to revise recruitment 3015, email: Haughton.donald.w@
Portia Wu, standards that construction contractors dol.gov .
Assistant Secretary for Employment and are required to follow when recruiting SUPPLEMENTARY INFORMATION: Section
Training, U.S. Department of Labor. United States (U.S.) workers for Guam 2834(a) of the NDAA for Fiscal Year
[FR Doc. 2015–31710 Filed 12–16–15; 8:45 am]
military base realignment projects 2010 (Pub. L. 111–84, enacted October
authorized by the National Defense 28, 2009) amended Section 2824(c) of
BILLING CODE 4510–FN–P
Authorization Act (NDAA) for Fiscal the Military Construction Authorization
Year 2010. Act (division B of Public Law 110–417;
VerDate Sep<11>2014 16:53 Dec 16, 2015 Jkt 238001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\17DEN1.SGM 17DEN1](https://thefederalregister.org/doc/80_FR_79012/page/1.svg)
![78772 Federal Register / Vol. 80, No. 242 / Thursday, December 17, 2015 / Notices
i. The number of job applications Supporting Statement and Other ADDRESSES: Submit written comments
received; Documents’’ near the top of the page on to Greg Wilson, Office of
ii. the name of each applicant; the right. Apprenticeship, Room C–5317,
iii. the position applied for; Employment and Training
iv. the final employment Portia Wu,
Administration, U.S. Department of
determination for each applicant or job Assistant Secretary for Employment and
Labor, 200 Constitution Avenue NW.,
candidate; and Training.
Washington, DC 20210. Telephone
v. for each U.S. job applicant not [FR Doc. 2015–31713 Filed 12–16–15; 8:45 am]
number: 202–693–2954 (this is not a
hired, a description of the specific, BILLING CODE 4510–FN–P
toll-free number). Individuals with
lawful, job-related reason for rejecting hearing or speech impairments may
the applicant for employment, which access the telephone number above via
includes a comparison of the job DEPARTMENT OF LABOR
TTY by calling the toll-free Federal
applicant’s skills and experience against Information Relay Service at 1–877–
the terms listed in the original job Employment and Training
Administration 889–5627 (TTY/TDD). Fax: 202–693–
posting. 3799. Email: wilson.greg1@dol.gov. To
Contractors may provide much of this obtain a free copy of this ICR with
Comment Request for Information
information in the form of a table or applicable supporting documentation;
Collection for Equal Employment
spreadsheet, so that instead of a including a description of the likely
Opportunity in Apprenticeship
narrative style the contractor need only respondents, proposed frequency of
Programs, Extension Without
check an appropriate box or provide a response, and estimated total burden,
Revisions
phrase, number or date (e.g., to indicate please contact the person listed above.
whether an individual reported for an AGENCY: Employment and Training
interview or not, or lacked specific Administration (ETA), Labor. SUPPLEMENTARY INFORMATION:
qualifications). ACTION: Notice. I. Background
II. Public Burden Statement
SUMMARY: The Department of Labor The National Apprenticeship Act of
The Office of Management and Budget (Department), as part of its continuing 1937 (Act), section 50 (29 U.S.C. 50),
(OMB) has approved the Department’s effort to reduce paperwork and authorizes and directs the Secretary of
request to extend the information respondent burden, conducts a Labor (Secretary) ‘‘to formulate and
collection (OMB Control Number 1205– preclearance consultation program to promote the furtherance of labor
0484) for three years, expiring October provide the public and Federal agencies standards necessary to safeguard the
31, 2018. with an opportunity to comment on welfare of apprentices, to extend the
Persons are not required to respond to proposed and/or continuing collections application of such standards by
this collection of information unless it of information in accordance with the encouraging the inclusion thereof in
displays a valid OMB control number Paperwork Reduction Act of 1995 [44 contracts of apprenticeship, to bring
(1205–0484). The public reporting U.S.C. 3506(c)(2)(A)] (PRA). The PRA together employers and labor for the
burden for this collection of information helps ensure that respondents can formulation of programs of
is estimated at three hours per job order, provide requested data in the desired apprenticeship, to cooperate with state
including the time for reviewing format with minimal reporting burden agencies engaged in the formulation and
instructions, searching existing data (time and financial resources), promotion of standards of
sources, gathering and maintaining the collection instruments are clearly apprenticeship, and to cooperate with
data needed, and completing and understood and the impact of collection the Secretary of Education in
reviewing the collection of information. requirements on respondents can be accordance with Section 17 of Title 20.’’
Further information on this ICR can be properly assessed. Section 50a of the Act authorizes the
accessed using control number 1205– Currently, ETA is soliciting comments Secretary to ‘‘publish information
0484 at www.reginfo.gov/public/do/ concerning the information collection relating to existing and proposed labor
PRAMain. To do this, use the following request (ICR) to collect data about title standards of apprenticeship,’’ and to
instructions: 29 CFR 30, Equal Employment ‘‘appoint national advisory committees
1. Go to the first ‘‘Select Agency’’ box Opportunity in Apprenticeship * * *’’ (29. U.S.C. 50a).
and click on the drop-down arrow, and Programs, Complaint Form—Equal
then select ‘‘Department of Labor.’’ Title 29 CFR part 30 sets forth policies
Employment Opportunity in and procedures to promote the equality
Then, click on the ‘‘Submit’’ button to Apprenticeship Programs, ETA—9030,
the right of the box. of opportunity in apprenticeship
which expires on May 31, 2016. programs registered with the
2. Each entry lists the OMB Control
Interested parties are encouraged to Department and recognized State
Number at the top of the entry. Scroll
provide comments to the contact shown Apprenticeship Agencies. These
down the screen until 1205–0484
in the ADDRESSES section. Comments policies and procedures apply to
appears (the entries are in numerical
must be written to receive recruitment and selection of
order).
consideration, and they will be apprentices, and to all conditions of
3. Once you reach 1205–0484, click
summarized and included in the request employment and training during
on the number immediately below that,
for OMB approval of the final ICR. In apprenticeship. The procedures provide
the ICR Reference Number (not the
asabaliauskas on DSK5VPTVN1PROD with NOTICES
order to help ensure appropriate for registering apprenticeship programs,
Control Number itself).
4. To see the Information Collection consideration, comments should for reviewing apprenticeship programs,
notices themselves, click on ‘‘View mention OMB Control Number 1205– for processing complaints, and for
Information Collection (IC) List’’ near 0224. deregistering non-complying
the top of the page on the left. To see DATES: Written comments must be apprenticeship programs. This part also
the Report to Congress, the MOU, the submitted to the office listed in the provides policies and procedures for
ICR Supporting Statement and other addresses section below on or before continuation or withdrawal of
relevant documents, click on ‘‘View February 16, 2016. recognition of state agencies which
VerDate Sep<11>2014 16:53 Dec 16, 2015 Jkt 238001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\17DEN1.SGM 17DEN1](https://thefederalregister.org/doc/80_FR_79012/page/3.svg)
Document Created: 2018-03-02 09:18:05
Document Modified: 2018-03-02 09:18:05
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Final notice. | |
| Dates | This notice is effective upon publication in the Federal Register. | |
| Contact | Donald Haughton, Office of Workforce Investment, Employment and Training Administration, U.S. Department of Labor, 200 Constitution Avenue NW., Room C-4526, Washington, DC 20210. Telephone (202) 693-2784 (this is not a toll-free number). Individuals with hearing or speech impairments may access the telephone number above via TTY by calling the toll-free Federal Information Relay Service at 1-877-889-5627 (TTY/TDD), fax: (202) 693-3015, email: [email protected] . | |
| FR Citation | 80 FR 78770 |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR