32.04.030 Minimum Numerical Goals and Timetables for Indian Employment

The Commission will establish the minimum number of Indians, which each employer should employ on his work force during any year that he or any of his employees are located or engaged in work on the reservation. Noncompliance will require rational between employer and Commission. Numerical goals shall be set for each craft, skill area, classification, etc., used by the employer and shall include, but not be limited to, administrators, supervisory, and professional categories. The goals shall be expressed in terms of number of Indian employment as a percentage of the total man hours worked by the employer's workforce in the job classification involved. Numerical goals shall be based upon surveys of the available Indian manpower pool and of projected employment opportunities. Both the TERO Director and the License Compliance/Employment Officer shall be involved in the formation of hiring goals for each employer.

(a) For new employer, the goals shall meet with the Commission or Director as long before he actually begins work as possible and shall furnish the Commission with a precise list of the number, the kind of employees he expects to employ. The Commission or Director shall then set specific goals and timetables for the employer after considering any special factors or goals into his plan for complying with this Ordinance and shall agree in writing to meet these goals. Any employer who fails to provide such a written agreement to the TERO Commission shall not be permitted to commence work on the reservation.

(b) For an existing employer on the reservation, the goals shall be a percentage of the new employees expected to be employed during the ensuing year. The employer shall incorporate the goals into his plan for complying with this Ordinance and shall agree in writing to meet these goals. Any employer who fails to provide such a written statement will not be permitted to commence work on the reservation. The TERO Commission shall maintain on file the current plan of each employer authorized to undertake work on the reservation.

(c) For both new and existing employers, the goals shall be reviewed by the Commission at least annually and shall be revised as necessary to reflect changes in the number of Indians available or changes in employer hiring plans. Each employer shall submit a monthly report to the Director on a form provided by the employer, indicating the number of Indians in his work force, how close he is to meeting his goals, all persons hired or fired during the month, the job positions involved and other information required by the Commission.

(d) Each employer shall meet his minimum goals for the employment of Indians. Whenever the Commission or Director has reason to believe that an employer is violating this Ordinance by not meeting his goals, the Commission or Director may file a complaint and notify the employer of the alleged violation pursuant to Chapter 32.07 of this Ordinance. The Commission shall bear the initial burden of providing that an employer has failed to or is failing to meet its goals. Upon a prima facie proof of such failure, the employer shall then bear the burden of proving that it has met or is meeting its goals or has made a good faith effort to meet its goals. It shall not be an excuse for such failure that the union with which the employer has a collective bargaining agreement providing for exclusive referral failed to refer Indians.