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