IP Compliance Project Information Form

Compliance Agreement

STATEMENT: Historically, members of the Oneida Nations have suffered discrimination in employment on and near the Oneida Reservation. The sovereign (self-governing) Oneida Nations established the Indian Preference in Contracting Law and the Indian Preference Office (IPO) to eliminate discrimination and affirm tribal members and other Indians on the Oneida Reservation will have preference in employment and training opportunities. With tribal sovereign authority comes the responsibility to provide basic rights and protections to those subject to Oneida Nation's jurisdiction. Enacting these ordinances puts Oneida Nation's sovereign authority to work, thereby strengthening Oneida Nation's sovereignty. Failure to comply with the Indian Preference in Contracting Law (Title 5. Business Chapter 502 Indian Preference in Contracting) may result in civil penalties.

REQUIREMENTS: The Indian Preference in Contracting Law shall apply to all employers located or engaged in business on and near the Oneida Nation's Reservation. It shall not apply to any direct employment by the Oneida Nation or by federal, state or other governments; however, contractors and subcontractors of these entities shall be subject to the Indian Preference in Contracting Law. The following are specific contractor and subcontractor obligations and rights under the Law. Thereafter, contractors must follow the guidelines and details provided in the Indian Preference in Contracting Law (Title 5. Business - Chapter 502 Indian Preference in Contracting).

1. Compliance Agreement:
   Once a bid has been accepted, but before work commences on any portion of a contract or subcontract, each contractor shall meet with the IPO Designee to negotiate and execute a compliance agreement. §502.9-1 Any covered entity not submitting a completed Compliance Agreement will be denied the right to commence business on the Oneida Nation Reservation. §502.4-1 A Compliance Agreement should be submitted at least two (2) weeks prior to starting a project. §502.4-1 Contractor(s) must submit a copy of the contract with the completed Compliance Agreement to the IPO. §502.4-1 Unless prior written consent of the IPO has been received, a contractor shall not deviate from an executed Compliance Agreement by adding or removing any contracts, subcontracts or positions filled by Qualified Trades Worker or non-certified entity (not certified as an Indian Owned Business). §502.9-3 Where a contract lasts for more than one (1) year, Compliance Agreements shall be reviewed annually and revised as necessary to reflect changes in hiring plans of Qualified Trades Workers and/or the number of certified Indian Owned entities available. §502.9-2 Contractor(s) must comply with applicable Tribal Laws, including Oneida Vendor Licensing (Chapter 56 of the Oneida Code of Laws) and taxation requirements. §502.7-6(c)
2. Inspections:
   Contractor(s) must adhere to unannounced on-site general inspections and compliance checks. In conducting an investigation, the IPO is authorized to inspect and copy all relevant records and shall have the right to speak to workers and to conduct inspections of the job site(s). §502.10- 1(a)(2)
3. Employment Priority:
   The IPO administers and updates the Skills Bank to assist with providing Oneida members, first generation descendants and members of other federally recognized tribes with employment opportunities. §502.8-1 Our local manpower is hired on a temporary basis, to be paid by the contractor, with first preference given to qualified Oneida members. Thereafter, contractors must follow the preference priority provided in the Indian Preference in Contracting Law §502.8-4.
4. Pre-Employment Standards:
   The Employer will be responsible for interviewing all referrals/applicants that the IPO refers to employer, based on the information provided in the Qualified Trades Worker: Employee Placement Request form, before hiring begins. §502.1-2 Employers will not use qualification criteria or other personnel requirements as barriers to skills trades worker employment where such criteria are requirements by business necessity. Employers shall have the burden of showing that such criteria or requirements are required. §502.8-8(c)
5. Training, Apprenticeships, and Salary:
   The Employer agrees that all employed Qualified Trades Workers will receive adequate training for the position for which they are hired. All employed Qualified Trades Workers will be evaluated and paid in accordance with a training plan set forth between the contract and the IPO. §502.1-2
6. Employment Goals:
   The goal of the Oneida Nation is to achieve 100 % participation of Qualified Trades Workers on Tribal projects. §502.8-1
7. Records:
   Contractor(s) must submit a copy of the certified weekly payroll, Attachment I and II, for the project and list of subcontractors to be used at any time during the project to the IPO. §502.5- 2(d)(5)
8. Assistance:
   If the Employer deems than an Qualified Trades Worker's performance is such that he or she is in danger of being suspended or terminated, the employer shall contact the IPO for assistance in working out the problem.
9. Employment Policies and Procedures:
   All parties to a contract to which this Law applies shall recognize that any operations are taking place within a unique cultural setting within the community of the Tribe. Every contractor shall make reasonable accommodations to the customs and beliefs of all Qualified Trades Workers so as to promote rather than hinder the employment of tribal members. Thereafter, contractors must follow the guidelines provided in the Indian Preference in Contracting Law §502.7-4.
10. Emergency/Limited Waivers:
    Indian Preference Waivers must be obtained for Qualified Trades Workers who do not meet definitions of “Core Work Crew Employees”. Employers operating during hours when the IPO is closed (i.e. weekend, holidays, etc.) who are in need of workers to fill a vacancy will be authorized to place an emergency worker to fill the vacancy. This emergency placement shall be allowed no longer than 72 hours. The IPO will be notified of such hires immediately upon the next working day and the position will be filled pursuant to the Indian Preference standard procedures described in this Compliance Agreement. Emergencies will be determined on a case-by-case basis. §502.9-4 If the necessary labor cannot be acquired from the Skills Bank, then a limited waiver may be granted. §502.8-4(c)
11. Wage and Hour Standards:
    Every contractor utilizing Qualified Trades Workers shall ensure that such workers receive equal compensation, including overtime, and shall have equal work standards, that are provided to other employees. Contractors that hire Qualified Trades Workers in order to comply with the Indian Preference in Contracting Law, but do not utilize those workers in a manner similar to other employees are not maintaining equal work standards and will be found in Noncompliance. §502.8- 7(a) Qualified Trades Workers and certified Indian Owned entities shall not be required to affiliate with organized labor for employment under the Indian Preference in Contracting Law. The mere absence of affiliation with organized labor shall not disqualify a Qualified Trades Worker from employment or contracting where that worker is otherwise qualified. Qualified Trades Workers will receive all fringe benefits in cash, unless the worker is a union member. §502.7-8(c)
12. Termination/Layoffs:
    In making any layoffs or terminations, all contractors shall notify the IPO prior to laying off or terminating a Qualified Trades Worker. Thereafter, contractors must follow the guidelines provided in the Indian Preference in Contracting Law. Employers must complete the Referral and Evaluation form for each Qualified Trades Worker when the project is finished, if the Qualified Trades Worker is terminated, or if the Qualified Trades Worker is laid off. Employer must notify the IPO of all job vacancies. §502.8-7(b)
13. Retaliatory Action Prohibited:
    No entity shall punish, terminate, harass or take any adverse personnel or hiring action in retaliation for a party's exercise of Indian Preference rights under this Law. However, this section shall not prohibit action that can be reasonably justified as taken in good faith based on documented employee performance. §502.10-2
14. Investigations and Enforcement:
    The IPO has the authority and jurisdiction to investigate written complaints and respond to inquiries. §502.5-2(e) If, after an investigation under §502.10-1, the IPO reasonably believes that there is sufficient evidence of a genuine and material issue of Noncompliance, the IPO make take any of the following actions as detailed under §502.10-4(a) through §502.10-7: attempt to reach an informal or formal resolution, issue Notice of Noncompliance to the entity via certified mail, place the entity's certification in probationary status or suspend, revoke, or deny renewal of the entity's certification, issue fines as established under §502.10-3, re-negotiate a Compliance Agreement, request the appropriate entity to withdraw any licensing issued by the Tribe, and/or may file an action with the Oneida Nation's judicial system seeking appropriate relief, including but not limited to: an injunction, specific performance, payment of back pay, damages and/or costs associated with the enforcement of an order, and/or cease-and desist or related orders via the Oneida Tribal Police.
15. Appeals:
    Any Appeal from an action taken by the IPO shall be filed with the Oneida Nation's judicial system with 10 business days after the date of issuance of the IPO's decision. Any decision not appealed within the required time frame shall become final. §502.10-8(a) Except as otherwise stated in this Law, a party may appeal orders, rulings and judgments of the Oneida Nation's judicial system in accordance with the applicable rules of appellate procedure. §502.10-8(b)