SECTION 4.0 SPOKANE EMPLOYMENT RIGHTS PROGRAM
4.1
COVERAGE AND SCOPE
a) All employers are required to give preference to local Indians in hiring, promotion, training
and all other aspects of employment, contracting or subcontracting, must comply with this
ordinance and the Rules, Regulations and orders of the Commission. The foregoing shall
apply to all facilities of an employer including a subcontractor located or engaged in work on
the Reservation.
b) The foregoing requirements shall apply only to an employer located or engaged in work
while on the Reservation. When an employer has previously agreed in a contract, lease or
other document to give preference to Indians, this Ordinance and authorized Commission
Rules, Regulations, and directives shall define the specific minimum obligations of the
employer pursuant to such written agreement.
4.2
CONTRACTORS AND SUBCONTRACTORS
The Indian Preference requirements contained in this Ordinance shall be binding on all contractors
and sub-contractors of employers, regardless of tier, and shall be deemed part of all contract and
sub-contract specifications. The employer shall have the initial and primary responsibility for
insuring all contractors and sub-contractors comply with these requirements. The employer as well
as any of his contractors or sub-contractors shall be subject to penalties provided herein for any
violation of this Ordinance if the contractor or sub-contractor fails to comply
4.3
MINIMUM NUMERICAL GOALS AND TIMETABLES FOR INDIAN EMPLOYEMENT
a) The Commission or the Director may establish the minimum number of Indians each
employer must employ on his work force during any year that he or any of his employees
are engaged in work on the Reservation. Numerical goals may be set for each craft, skill,
job classification, etc., used by the employer and shall include, but not be limited to
administrative supervisory and professional categories. The goals shall be expressed in
terms of man hours of Indian employment as a percentage of the total man hours worked
by the employer’s work force in the job classification involved.
b) For both new and existing employers, the goal shall be reviewed by the Commission at least
annually and shall be revised as necessary to reflect changes in number of Indians available
or changes in employer hiring plans.
c) Each employer shall submit a monthly report to the Director indicating the number of
Indians in his work force, how close he is to meeting his goals, all persons hired or fired
during the last month, the job positions involved, and other information required by the
Commission.
4.4
TRAINING
Employers may be required by the Commission to participate in training programs to assist Indians
to become qualified in the various job classifications used by the employer. The Commission shall
set the ratio of Indian trainees to fully qualified workers after consultation with the Director and
employers.
4.5
TRAINING ADMINISTRATIVE FEE
Every building trade’s employer that is a prime contractor on the Reservation of $10,000.00 or more
shall pay a training fee of 3% (three percent) of the total contract dollar amount. This revenue shall
be used for Journeyman upgrade training and/or Apprenticeship Trainee.
4.6
JOB QUALIFICATION AND PERSONNEL REQUIREMENTS
Employers are prohibited from using job qualification criteria or personnel requirements which bar
Indians from employment unless such criteria or requirements are required by business necessity
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Revised Spokane Law & Order Code, 5/14/2013