1974-11-08; Filed
1974-11-08; Filed Memorandum #41415 motion granted Case allowing 17-2273, action Document to be maintained 71, 11/22/2017, as a class 2179151, action Page63 - of 215 certified 2017-07-24 doc 1 contained 1n Parts II illld III . . rooter of the Off :i.e:::: of FedercJ J CoJ;trzcct Cornpl.i anc~c:, is of the Secretary of Labor. Secretary of Labor, 33 Fed. Reg. 2600 (Sept. 4, J968) .) Compliance with the order is obtained througt adhsrence An imposed plan., as t.he na.rne i.ndicat:es, it:: a p1al: which is imposed by the Secretary of Labor, establishing with increasing minority participation each year. Eesponsibi1 i ty for compltancc .rests Hi th indi "1;-:i duc:tJ. contrc.G·tors. l\. hometmvn plan typicc.lly combines t.he efforts o£ local contractors and contractors' associations, building in the fo:t·rnulaticn of. a plan for vo1unt:ary compliance \>lith tlw order. obligations fall on the trade as a whole rather than on any individual contractor, and can be satisfied by minority employment or training on any work performed by the trade, whe·ther federally- funded or private. The borneto-vm plan approach holds the unions rather than the individual cont.ractors responsible for complying with the a.££irmative action requirements. An administrative corr®ittee assigns 4. 0645
1974-11-08; Filed Memorandum #41415 motion granted Case allowing 17-2273, action Document to be maintained 71, 11/22/2017, as a class 2179151, action Page64 - of 215 certified 2017-07-24 doc 1 Hf.::tir s1la~-e go.::.?.lsn t.c: i11di\;id1J.Dl cz)nt:ra·::.::.to1~·s~ J\ h()ITK.:·to\.·.'n Bid Conditions (Federal Bid Conditions) used jects in the geogra cal area of the hometown plan. J?o~r· o.n.y t.:r-ade.s net: iJ(.1=tt.ir::i};:·ati.n.~; .:L11 t.hc hon1et.c\-·tn plan, mandatory affirmative action requirements are set forth in Part II of the Federal Bid Conditions. directly on the individual contractor, rather than on the non-particjpating trad~ as a whole. Part IV of the Federal Bid Conditions provides that tbe faj_Iure of a cvntrac to;~ -to kdke good faith efforts t_c) meet his fa:Lr shr:n:c-: c:bli~rati_ons under "-' home·- town pJan can result: in his being placed under Part II of the conditions, as well as possible imposition of the sanctions authorized by Section 209 of Executive Order No. 11246. The federally approved hometown plan in New York City, which is challenged heye, is the New York Plan. It was submi tt_ed -to the federal government for approval in 1970 by the Board of Urban Affairs, an entity created by the New York Building and Construction Trades Council, 0646
