[Code of Federal Regulations]
[Title 41, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR60-4.5]

[Page 149-150]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
                           DEPARTMENT OF LABOR
 
PART 60 4_CONSTRUCTION CONTRACTORS_AFFIRMATIVE ACTION REQUIREMENTS
--Table of Contents
 
Sec. 60-4.5  Hometown plans.

    (a) A contractor participating, either individually or through an 
association,

[[Page 150]]

in an approved Hometown Plan (including heavy highway affirmative action 
plans) shall comply with its affirmative action obligations under 
Executive Order 11246 by complying with its obligations under the plan: 
Provided, That each contractor or subcontractor 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 Hometown Plan it shall 
comply with the specifications set forth in Sec. 60-4.3 of this part 
and with the goals and timetables 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 
Hometown Plan for a particular trade if it:
    (1) Ceases to be signatory to a Hometown Plan covering that trade;
    (2) Is signatory to a Hometown Plan for that trade but is not party 
to a collective bargaining agreement for that trade;
    (3) Is signatory to a Hometown Plan for that trade but is party to a 
collective bargaining agreement with labor organizations which are not 
or cease to be signatories to the same Hometown Plan for that trade;
    (4) Is signatory to a Hometown Plan for that trade but is party to a 
collective bargaining agreement with a labor organization for that trade 
but the two have not jointly executed a specific commitment to minority 
and female goals and timetables and incorporated the commitment in the 
Hometown Plan for that trade;
    (5) Is participating in a Hometown Plan for that trade which is no 
longer acceptable to the Office of Federal Contract Compliance Programs;
    (6) Is signatory to a Hometown Plan for that trade but is party to a 
collective bargaining agreement with a labor organization for that trade 
and the labor organization and the contractor have failed to make a good 
faith effort to comply with their obligations under the Hometown Plan 
for that trade.
    (b) Contractors participating in Hometown Plans must be able to 
demonstrate their participation and document their compliance with the 
provision of the Hometown Plan.

[43 FR 49254, Oct. 20, 1978; 43 FR 51401, Nov. 3, 1978]