N.Y. Comp. Codes R. & Regs. tit. 21 § 900.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 900.2 - Compliance reports

(a) Each contractor having a contract containing the provisions prescribed in section 900.1 of this Part shall file, and shall cause each of his subcontractors to file, compliance reports with the fund. Compliance reports shall be filed within such time and shall contain such information as to the practices, policies, programs, employment policies, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the fund may prescribe.

(b) Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the compliance report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the fund may prescribe: provided, that to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training, and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the fund as part of his compliance report, and shall set forth what efforts he has made to obtain such information.

(c) The fund may direct that any bidder or prospective contractor or subcontractor shall submit, as part of his compliance report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the bidder or prospective contractor deals, with supporting information, to the effect that the signer's practice and policies do not discriminate on the grounds of race, creed, color or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this contract requirement or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of this contract. In the event that the union or the agency shall refuse to execute such a statement, the compliance report shall so certify and set forth what efforts have been made to secure such a statement, and such additional factual material as the fund may require.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 900.2