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The following terms and conditions shall apply and shall be specified in any
contract governing federal operating assistance to the applicant and any recipients
referenced in the grant application ("Recipient"):
(1) The term "Project", as used in this arrangement, shall not be
limited to the particular facility, service, or operation assisted by federal
funds, but shall include any changes, whether organizational, operational, technological,
or otherwise, which are a result of the assistance provided. The phrase "as
a result of the Project" shall, when used in this arrangement, include
events occurring in anticipation of, during, and subsequent to the Project and
any program of efficiencies or economies related thereto; provided, however,
that volume rises and falls of business, or changes in volume and character
of employment brought about solely by causes other than the Project (including
any economies or efficiencies unrelated to the Project) are not within the purview
of this arrangement.
(2) The Project, as defined in paragraph (1) shall be performed and carried
out in full compliance with the protective conditions described herein.
(3) All rights, privileges, and benefits (including pension
rights and benefits) of employees covered by this arrangement (including employees
having already retired) under existing collective bargaining agreements or otherwise,
or under any revision or renewal thereof, shall be preserved and continued;
provided, however, that such rights, privileges and benefits which are not foreclosed
from further bargaining under applicable law or contract may be modified by
collective bargaining and agreement by the Recipient and the union involved
to substitute other rights, privileges and benefits. Unless otherwise provided,
nothing in this arrangement shall be deemed to restrict any rights the Recipient
may otherwise have to direct the working forces and manage its business as it
deems best, in accordance with the applicable collective bargaining agreement.
(4) The collective bargaining rights of employees covered by this arrangement,
including the right to arbitrate labor disputes and to maintain union security
and checkoff arrangements, as provided by applicable laws, policies and/or
existing collective bargaining agreements, shall be preserved and continued.(1)
Provided, however, that this provision shall not be interpreted so as to require
the Recipient to retain any such rights which exist by virtue of a collective
bargaining agreement after such agreement is no longer in effect.
The Recipient agrees that it will bargain collectively with the union or otherwise
arrange for the continuation of collective bargaining, and that it will enter
into agreement with the union or arrange for such agreements to be entered into,
relative to all subjects which are or may be proper subjects of collective bargaining.
If, at any time, applicable law or contracts permit or grant to employees covered
by this arrangement the right to utilize any economic measures, nothing in this
arrangement shall be deemed to foreclose the exercise of such right.
(5)(a) In the event the Recipient contemplates any change in the organization
or operation of its system which may result in the dismissal or displacement
of employees, or rearrangement of the working forces covered by this arrangement,
as a result of the Project, the Recipient shall do so only in accordance with
the provisions of subparagraph (b) hereof. Provided, however, that changes which
are not a result of the Project, but which grow out of the normal exercise of
seniority rights occasioned by seasonal or other normal schedule changes and
regular picking procedures under the applicable collective bargaining agreement,
shall not be considered within the purview of this paragraph.
(b) The Recipient shall give to the unions representing the employees affected
thereby, at least sixty (60) days' written notice of each proposed change, which
may result in the dismissal or displacement of such employees or rearrangement
of the working forces as a result of the Project, by sending certified mail
notice to the union representatives of such employees. Such notice shall contain
a full and adequate statement of the proposed changes, including an estimate
of the number of employees affected by the intended changes, and the number
and classifications of any jobs within the jurisdiction and control of the Recipient,
including those in the employment of any entity bound by this arrangement pursuant
to paragraph (19) hereof, available to be filled by such affected employees.
At the request of either the Recipient or the representatives of the affected
employees, negotiations for the purpose of reaching agreement with respect to
application of the terms and conditions of this arrangement shall commence immediately.
These negotiations shall include determining the selection of forces from among
the employees of other urban mass transportation employers who may be affected
as a result of the Project, to establish which such employees shall be offered
employment for which they are qualified or can be trained; not, however, in
contravention of collective bargaining agreements relating thereto. If no agreement
is reached within twenty (20) days from the commencement of negotiations, any
party to the dispute may submit it to arbitration in accordance with the procedures
contained in paragraph (15) hereof. In any such arbitration, final decision
must be reached within sixty (60) days after selection or appointment of the
neutral arbitrator. In any such arbitration, the terms of this arrangement are
to be interpreted and applied in favor of providing employee projections and
benefits no less than those established pursuant to §11347 of Title 49
of the U.S. Code.
(6)(a) Whenever an employee, retained in service, recalled to service, or employed
by the Recipient pursuant to paragraphs (5), (7)(e), or (18) hereof is placed
in a worse position with respect to compensation as a result of the Project,
he shall be considered a "displaced employee", and shall be paid a
monthly "displacement allowance" to be determined in accordance with
this paragraph. Said displacement allowance shall be paid each displaced employee
during the protective period following the date on which he is first "displaced",
and shall continue during the protective period so long as the employee is unable,
in the exercise of his seniority rights, to obtain a position producing compensation
equal to or exceeding the compensation he received in the position from which
he was displaced, adjusted to reflect subsequent general wage adjustments, including
cost of living adjustments where provided for.
(b) The displacement allowance shall be a monthly allowance determined by computing
the total compensation received by the employee, including vacation allowances
and monthly compensation guarantees, and his total time paid for during the
last twelve (12) months in which he performed compensated service more than
fifty per centum of each such months, based upon his normal work schedule, immediately
preceding the date of his displacement as a result of the Project, and by dividing
separately the total compensation and the total time paid for by twelve, thereby
producing the average monthly compensation and the average monthly time paid
for. Such allowance shall be adjusted to reflect subsequent general wage adjustments,
including cost of living adjustments where provided for. If the displaced employee's
compensation in his current position is less in any month during his protective
period than the aforesaid average compensation (adjusted to reflect subsequent
general wage adjustments, including cost of living adjustments where provided
for), he shall be paid the difference, less compensation for any time lost on
account of voluntary absences to the extent that he is not available for service
equivalent to his average monthly time, but he shall be compensated in addition
thereto at the rate of the current position for any time worked in excess of
the average monthly time paid for. If a displaced employee fails to exercise
his seniority rights to secure another position to which he is entitled under
the then existing collective bargaining agreement, and which carries a wage
rate and compensation exceeding that of the position which he elects to retain,
he shall thereafter be treated, for the purposes of this paragraph, as occupying
the position he elects to decline.
(c) The displacement allowance shall cease prior to the expiration of the protective
period in the event of the displaced employee's resignation, death, retirement,
or dismissal for cause in accordance with any labor agreement applicable to
his employment.
(7)(a) Whenever any employee is laid off or otherwise deprived of employment
as a result of the Project, in accordance with any collective bargaining agreement
applicable to his employment, he shall be considered a "dismissed employee"
and shall be paid a monthly dismissal allowance to be determined in accordance
with this paragraph. Said dismissal allowance shall first be paid each dismissed
employee on the thirtieth (30th) day following the day on which he is "dismissed"
and shall continue during the protective period, as follow:
Employee's length of
service
prior to adverse effect
Period
of protection
1 day to 6years
equivalent
period
6
years or more
6
years
The monthly dismissal allowance shall be equivalent to one-twelfth (1/12th)
of the total compensation received by him in the last twelve (12) months of
his employment in which he performed compensation service more than fifty per
centum of each such months based on his normal work schedule to the date on
which he was first deprived of employment as a result of the Project. Such allowance
shall be adjusted to reflect subsequent general wage adjustments, including
cost of living adjustments where provided for.
(b) An employee shall be regarded as deprived of employment and entitled to
a dismissal allowance when the position he holds is abolished as a result of
the Project, or when the position he holds is not abolished but he loses that
position as a result of the exercise of seniority rights by an employee whose
position is abolished as a result of the Project or as a result of the exercise
of seniority rights by other employees brought about as a result of the Project,
and he is unable to obtain another position, either by the exercise of his seniority
rights, or through the Recipient, in accordance with subparagraph (e). In the
absence of proper notice followed by an agreement or decision pursuant to paragraph
(5) hereof, no employee who has been deprived of employment as a result of the
Project shall be required to exercise his seniority rights to secure another
position in order to qualify for a dismissal allowance hereunder.
(c) Each employee receiving a dismissal allowance shall keep the Recipient
informed as to his current address and the current name and address of any other
person by whom he may be regularly employed, or if he is self-employed.
(d) The dismissal allowance shall be paid to the regularly assigned incumbent
of the position abolished. If the position of an employee is abolished when
he is absent from service, he will be entitled to the dismissal allowance when
he is available for service. The employee temporarily filling said position
at the time it was abolished will be given a dismissal allowance on the basis
of that position, until the regular employee is available for service, and thereafter
shall revert to his previous status and will be given the protections of the
arrangement in said position, if any are due him.
(a) An employee receiving a dismissal allowance shall be subject to call to
return to service by his former employer after being notified in accordance
with the terms of the then-existing collective bargaining agreement. Prior to
such call to return to work by his employer, he may be required by the Recipient
to accept reasonably comparable employment for which he is physically and mentally
qualified, or for which he can become qualified after a reasonable training
or retraining period, provided it does not require a change in residence or
infringe upon the employment rights of other employees under then-existing collective
bargaining agreements.
(f) When an employee who is receiving a dismissal allowance again commences
employment in accordance with subparagraph (e) above, said allowance shall cease
while he is so reemployed, and the period of time during which he is so reemployed
shall be deducted from the total period for which he is entitled to receive
a dismissal allowance. During the time of such reemployment, he shall be entitled
to the protections of this arrangement to the extent they are applicable.
(g) The dismissal allowance of any employee who is otherwise employed shall
be reduced to the extent that his combined monthly earnings from such other
employment or self-employment, any benefits received from any unemployment insurance
law, and his dismissal allowance exceed the amount upon which his dismissal
allowance is based. Such employee, or his union representative, and the Recipient
shall agree upon a procedure by which the Recipient shall be kept currently
informed of the earnings of such employee in employment other than with his
former employer, including self-employment, and the benefits received.
(h) The dismissal allowance shall cease prior to the expiration of the protective
period in the event of the failure of the employee without good cause to return
to service in accordance with the applicable labor agreement, or to accept employment
as provided under subparagraph (e) above, or in the event of his resignation,
death, retirement, or dismissal for cause in accordance with any labor agreement
applicable to his employment.
(ii) A dismissed employee receiving a dismissal allowance shall actively seek
and not refuse other reasonably comparable employment offered him for which
he is physically and mentally qualified and does not require a change in his
place of residence. Failure of the dismissed employee to comply with this obligation
shall be grounds for discontinuance of his allowance; provided that said dismissal
allowance shall not be discontinued until final determination is made either
by agreement between the Recipient and the employee or his representative, or
by final arbitration decision rendered in accordance with paragraph (15) of
this arrangement that such employee did not comply with this obligation.
(1) In determining length of service of a displaced or dismissed employee for
purposes of this arrangement, such employee shall be given full service credits
in accordance with the records and labor agreements applicable to him and he
shall be given additional service credits for each month in which he receives
a dismissal or displacement allowance as if he were continuing to perform services
in his former position.
(9) No employee shall be entitled to either a displacement or dismissal allowance
under paragraphs (6) or (7) hereof because of the abolishment of a position
to which, at some future time, he could have bid, been transferred, or promoted.
(10) No employee receiving a dismissal or displacement allowance shall be deprived,
during his protected period, of any rights, privileges, or benefits attaching
to his employment, including, without limitation, group life insurance, hospitalization
and medical care, free transportation for himself and his family, sick leave,
continued status and participation under any disability or retirement program,
and such other employee benefits as Railroad Retirement, Social Security,
Workmen's Compensation, and unemployment compensation, as well as any other
benefits to which he may be entitled under the same conditions and so long as
such benefits continue to be accorded to other employees of the bargaining unit,
in active service or furloughed as the case may be.
(11)(a) Any employee covered by this arrangement who is retained in the service
of his employer, or who is later restored to service after being entitled to
receive a dismissal allowance, and who is required to change the point of his
employment in order to retain or secure active employment with the Recipient
in accordance with this arrangement, and who is required to move his place of
residence, shall be reimbursed for all expenses of moving his household and
other personal effects, for the traveling expenses for himself and members of
his immediate family, including living expenses for himself and his immediate
family, and for his own actual wage loss during the time necessary for such
transfer and for a reasonable time thereafter, not to exceed five (5) working
days. The exact extent of the responsibility of the Recipient under this paragraph,
and the ways and means of transportation, shall be agreed upon in advance between
the Recipient and the affected employee or his representatives.
(b) If any such employee is laid off within three (3) years after changing
his point of employment in accordance with paragraph (a) hereof, and elects
to move his place of residence back to his original point of employment, the
Recipient shall assume the expenses, losses and costs of moving to the same
extent provided in subparagraph (a) of this paragraph (11) and paragraph (12)(a)
hereof.
(c) No claim for reimbursement shall be paid under the provisions of this paragraph
unless such claim is presented to the Recipient within ninety (90) days after
the date on which the expenses were incurred.
(d) Except as otherwise provided in subparagraph (b), changes in place of residence,
subsequent to the initial changes as a result of the Project, which are not
a result of the Project but grow out of the normal exercise of seniority rights,
shall not be considered within the purview of this paragraph.
(12)(a) The following conditions shall apply to the extent they are applicable
in each instance to any employee who is retained in the service of the employer
(or who is later restored to service after being entitled to receive a dismissal
allowance), who is required to change the point of his employment as a result
of the Project, and is thereby required to move his place of residence.
If the employee owns his own home in the locality from which he is required
to move, he shall, at his option, be reimbursed by the Recipient for any loss
suffered in the sale of his home for less than its fair market value, plus conventional
fees and closing costs, such loss to be paid within thirty (30) days of settlement
or closing on the sale of the home. In each case, the fair market value of the
home in question shall be determined, as of a date sufficiently prior to the
date of the Project, so as to be unaffected thereby. The Recipient shall, in
each instance, be afforded an opportunity to purchase the home at such fair
market value before it is sold by the employee to any other person and to reimburse
the seller for his conventional fees and closing costs.
If the employee is under a contract to purchase his home, the Recipient shall
protect him against loss under such contract, and in addition, shall relieve
him from any further obligation thereunder.
If the employee holds an unexpired lease of a dwelling occupied by him as his
home, the Recipient shall protect him from all loss and cost in securing the
cancellation of said lease.
(b) No claim for loss shall be paid under the provisions of this paragraph
unless such claim is presented to the Recipient within one year after the effective
date of the change in residence.
(c) Should a controversy arise in respect to the value of the home, the loss
sustained in its sale, the loss under a contract for purchase, loss and cost
in securing termination of a lease, or any other question in connection with
these matters, it shall be decided through a joint conference between the employee,
or his union, and the Recipient. In the event they are unable to agree, the
dispute or controversy may be referred by the Recipient or the union to a board
of competent real estate appraisers selected in the following manner: one (1)
to be selected by the representatives of the employee, and one (1) by the Recipient,
and these two, if unable to agree within thirty (30) days upon the valuation,
shall endeavor by agreement within ten (10) days thereafter to select a third
appraiser or to agree to a method by which a third appraiser shall be selected,
and failing such agreement, either party may request the State or local Board
of Real Estate Commissioners to designate within ten (10) days a third appraiser,
whose designation will be binding upon the parties and whose jurisdiction shall
be limited to determination of the issues raised in this paragraph only. A decision
of a majority of the appraisers shall be required and said decision shall be
final, binding, and conclusive. The compensation and expenses of the neutral
appraiser including expenses of the appraisal board, shall be borne equally
by the parties to the proceedings. All other expenses shall be paid by the party
incurring them, including the compensation of the appraiser selected by such
party.
(d) Except as otherwise provided in paragraph (11)(b) hereof, changes in place
of residence, subsequent to the initial changes as a result of the Project,
which are not a result of the Project but grow out of the normal exercise of
seniority rights, shall not be considered within the purview of this paragraph.
(e) "Change in residence" means transfer to a work location which
is either (A) outside a radius of twenty (20) miles of the employee's former
work location and farther from his residence than was his former work location,
or (B) is more than thirty (30) normal highway route miles from his residence
and also farther from his residence than was his former work location.
(13) A dismissed employee entitled to protection under this arrangement may,
at his option within twenty-one (21) days of his dismissal, resign and (in lieu
of all other benefits and protections provided in this arrangement) accept a
lump sum payment computed in accordance with section (9) of the Washington Job
Protection Agreement of May 1936:
Length
of Service
Separation
Allowance
1
year and less than 2 years
3 months' pay
2
" " " " 3
"
6 "
"
3 "
" " " 5
"
9 "
"
5
" " " "
10 "
12 " "
10 "
" " "
15 "
12 " "
15 "
" over
12 "
"
In the case of an employee with less than one year's service, five days' pay,
computed by multiplying by 5 the normal daily earnings (including regularly
scheduled overtime, but excluding other overtime payments) received by the employee
in the position last occupied, for each month in which he performed service,
will be paid as the lump sum.
(a) Length of service shall be computed as provided in Section 7(b) of the
Washington Job Protection Agreement, as follows:
For the purposes of this arrangement, the length of service of the employee
shall be determined from the date he last acquired an employment status with
the employing carrier and he shall be given credit for one month's service for
each month in which he performed any service (in any capacity whatsoever) and
twelve (12) such months shall be credited as one year's service.
The employment status of an employee shall not be interrupted by furlough in
instances where the employee has a right to and does return to service when
called. In determining length of service of an employee acting as an officer
or other official representative of an employee organization, he will be given
credit for performing service while so engaged on leave of absence from the
service of a carrier.
(b) One month's pay shall be computed by multiplying by 30 the normal daily
earnings (including regularly scheduled overtime, but excluding other overtime
payments) received by the employee in the position last occupied prior to time
of his dismissal as a result of the Project.
(14) Whenever used herein, unless the context requires otherwise, the term
"protective period" means that period of time during which a displaced
or dismissed employee is to be provided protection hereunder and extends from
the date on which an employee is displaced or dismissed to the expiration of
six (6) years therefrom, provided, however, that the protective period for any
particular employee during which he is entitled to receive the benefits of these
provisions shall not continue for a longer period following the date he was
displaced or dismissed than the employee's length of service, as shown by the
records and labor agreements applicable to his employment prior to the date
of his displacement or his dismissal.
(15)(a) In the event there arises any labor dispute with respect to the protection
afforded by this arrangement, or with respect to the interpretation, application
or enforcement of the provisions of this arrangement, not otherwise governed
by Section (12)(c) hereof, the Labor-Management Relations Act, as amended, Railway
Labor Act, as amended, or by impasse resolution provisions in a collective bargaining
or protective arrangement involving the Recipient and the Union, which cannot
be settled by the parties thereto within thirty (30) days after the dispute
or controversy arises, it may be submitted at the written request of the Recipient
or the union to a board of arbitration to be selected as hereinafter provided.
One arbitrator is to be chosen by each interested party, and the arbitrators
thus selected shall endeavor to select a neutral arbitrator who shall serve
as chairman. Each party shall appoint its arbitrator within five (5) days after
notice of submission to arbitration has been given. Should the arbitrators selected
by the parties be unable to agree upon the selection of the neutral arbitrator
within ten (10) days after notice of submission to arbitration has been given,
then the arbitrator selected by any party may request the American Arbitration
Association to furnish, from among members of the National Academy of Arbitrators
who are then available to serve, five (5) arbitrators from which the neutral
arbitrator shall be selected. The arbitrators appointed by the parties shall,
within five (5) days after the receipt of such list, determine by lot the order
of elimination and thereafter each shall, in that order, alternately eliminate
one name until only one name remains. The remaining person on the list shall
be the neutral arbitrator. If any party fails to select its arbitrator within
the prescribed time limit, the highest officer of the Union or of the Recipient
or their nominees, as the case may be, shall be deemed to be the selected arbitrator,
and the board of arbitration shall then function and its decision shall have
the same force and effect as though all parties had selected their arbitrators.
Unless otherwise provided, in the case of arbitration proceedings, under paragraph
(5) of this arrangement, the board of arbitration shall meet within fifteen
(15) days after selection or appointment of the neutral arbitrator and shall
render its decision within forty-five (45) days after the hearing of the dispute
has been concluded and the record closed.The decision by majority vote of the
arbitration board shall be final and binding as the decision of the arbitration
board, except as provided in subparagraph (b) below. All the conditions of the
arrangement shall continue to be effective during the arbitration proceedings.
(b) In the case of any labor dispute otherwise covered by subparagraph (a)
but involving multiple parties, or employees of urban mass transportation employers
other than those of the Recipient, which cannot be settled by collective bargaining,
such labor dispute may be submitted, at the written request of any of the parties
to this arrangement involved in the dispute, to a single arbitrator who is mutually
acceptable to the parties. Failing mutual agreement within ten (10) days as
to the selection of an arbitrator, any of the parties involving may request
the American Arbitration Association to furnish an impartial arbitrator from
among members of the National Academy of Arbitrators who is then available to
serve. Unless otherwise provided, in the case of arbitration proceedings under
paragraph (5) of this arrangement, the arbitrator thus appointed shall convene
the hearing within fifteen (15) days after his selection or appointment and
shall render his decision within forty-five (45) days after the hearing of the
dispute or controversy has been concluded and the record closed. The decision
of the neutral arbitrator shall be conclusive upon all parties to the dispute.
All the conditions of the arrangement shall continue to be effective during
the arbitration proceeding. Authority of the arbitrator shall be limited to
the determination of the dispute arising out of the interpretation, application,
or operation of the provisions of this arrangement. The arbitrator shall not
have any authority whatsoever to alter, amend, or modify any of the provisions
of any collective bargaining agreement.
(c) The compensation and expenses of the neutral arbitrator, and any other
jointly incurred expenses, shall be borne equally by the parties to the proceeding
and all other expenses shall be paid by the party incurring them.
(d) In the event of any dispute as to whether or not a particular employee
was affected by the Project, it shall be his obligation to identify the Project
and specify the pertinent facts of the Project relied upon. It shall then be
the Recipient's burden to prove that factors other than the Project affected
the employee. The claiming employee shall prevail if it is established that
the Project had an effect upon the employee even if other factors may also have
affected the employee (Hodgson's Affidavit in Civil Action No. 825-71).
(e) Nothing in this arrangement shall be construed to enlarge or limit the
right of any party to utilize, upon the expiration of any collective bargaining
agreement or otherwise, any economic measures which are not inconsistent or
in conflict with applicable laws or this arrangement.
(16) Nothing in this arrangement shall be construed as depriving any employee
of any rights or benefits which such employee may have under any existing job
security or other protective conditions or arrangements by collective bargaining
agreement or law where applicable, including P.L. 93-236, enacted January 2,
1974; provided that there shall be no duplication of benefits to any employees,
and, provided further, that any benefit under the arrangement shall be construed
to include the conditions, responsibilities, and obligations accompanying such
benefits.
(17) The Recipient shall be financially responsible for the application of
these conditions and will make the necessary arrangements so that any employee
affected as a result of the Project may file a claim through his union representative
with the Recipient within sixty (60) days of the date he is terminated or laid
off as a result of the Project, or within eighteen (18) months of the date his
position with respect to his employment is otherwise worsened as a result of
the Project; provided, in the latter case, if the events giving rise to the
claim have occurred over an extended period, the 18-month limitation shall be
measured from the last such event; provided, further, that no benefits shall
be payable for any period prior to six (6) months from the date of the filing
of the claim. Unless such claims are filed with the Recipient within said time
limitations, the Recipient shall thereafter be relieved of all liabilities and
obligations related to said claims. The Recipient will fully honor the claim,
making appropriate payments, or will give notice to the claimant and his representative
of the basis for denying or modifying such claim, giving reasons therefor. In
the event the Recipient fails to honor such claim, the Union may invoke the
following procedures for further joint investigation of the claim by giving
notice in writing of its desire to pursue such procedures. Within ten (10) days
from the receipt of such notice, the parties shall exchange such factual material
as may be requested of them relevant to the disposition of the claim and shall
jointly take such steps as may be necessary or desirable to obtain from any
third party such additional factual materials as may be relevant. In the event
the claim is so rejected by the Recipient, the claim may be processed to arbitration
as herein above provided by paragraph (15). Prior to the arbitration hearing,
the parties shall exchange a list of intended witnesses. In conjunction with
such proceedings, the impartial arbitrator shall have the power to subpoena
witnesses upon the request of any party and to compel the production of documents
and other information denied in the pre-arbitration period which is relevant
to the disposition of the claim.
Nothing included herein as an obligation of the Recipient shall be construed
to relieve any other urban mass transportation employer of the employees covered
hereby of any obligations which it has under existing collective bargaining
agreements, including but not limited to obligations arising from the benefits
referred to in paragraph (10) hereof, nor make any such employer a third-party
beneficiary of the Recipient's obligations contained herein, nor deprive the
Recipient of any right of subrogation.
(18) During the employee's protective period, a dismissed employee shall, if
he so requests, in writing, be granted priority of employment to fill any vacant
position within the jurisdiction and control of the Recipient, including those
in the employment of any entity bound by this arrangement pursuant to paragraph
(19) hereof, which is reasonably comparable to that which he held when dismissed,
for which he is, or by training or retraining can become, qualified; not, however,
in contravention of collective bargaining agreements related thereto. In the
event such employee requests such training or re-training to fill such vacant
position, the Recipient shall provide for such training or re-training at no
cost to the employee. The employee shall be paid the salary or hourly rate provided
for in the applicable collective bargaining agreement for such position, plus
any displacement allowance to which he may be otherwise entitled. If such dismissed
employee who has made such request fails, without good cause, within ten (10)
days to accept an offer of a position comparable to that which he held when
dismissed for which he is qualified, or for which he has satisfactorily completed
such training, he shall, effective at the expiration of such ten-day period,
forfeit all rights and benefits under this arrangement.
As between employees who request employment pursuant to this paragraph, the
following order where applicable shall prevail in hiring such employees:
(a) Employees in the craft or class of the vacancy shall be given priority
over employees without seniority in such craft or class;
(d) As between employees having seniority in the craft or class of the vacancy,
the senior employees, based upon their service in that craft or class, as shown
on the appropriate seniority roster, shall prevail over junior employees;
(c) As between employees not having seniority in the craft or class of the
vacancy, the senior employees, based upon their service in the crafts or classes
in which they do have seniority as shown on the appropriate seniority rosters,
shall prevail over junior employees.
(19) This arrangement shall be binding upon the successors and assigns of the
parties hereto, and no provisions, terms, or obligations herein contained shall
be affected, modified, altered, or changed in any respect whatsoever by reason
of the arrangements made by or for the Recipient to manage and operate the system.
Any person, enterprise, body, or agency, whether publicly - or privately-owned,
which shall undertake the management, provision and/or operation of the Project
services or the Recipient’s transit system, or any part or portion thereof,
under contractual arrangements of any form with the Recipient, its successors
or assigns, shall agree to be bound by the terms of this arrangement and accept
the responsibility with the Recipient for full performance of these conditions.
As a condition precedent to any such contractual arrangements, the Recipient
shall require such person, enterprise, body or agency to so agree.
(20) The employees covered by this arrangement shall continue to receive any
applicable coverage under Social Security, Railroad Retirement, Workmen's Compensation,
unemployment compensation, and the like. In no event shall these benefits be
worsened as a result of the Project.
(21) In the event any provision of this arrangement is held to be invalid,
or otherwise unenforceable under the federal, State, or local law, in the context
of a particular Project, the remaining provisions of this arrangement shall
not be affected and the invalid or unenforceable provision shall be renegotiated
by the Recipient and the interested union representatives of the employees involved
for purpose of adequate replacement under Section 5333(b). If such negotiation
shall not result in mutually satisfactory agreement, any party may invoke the
jurisdiction of the Secretary of Labor to determine substitute fair and equitable
employee protective arrangements for application only to the particular Project,
which shall be incorporated in this arrangement only as applied to that Project,
and any other appropriate action, remedy, or relief.
(22) The designated Recipient, as hereinabove defined, signatory hereto, shall
be the sole provider of mass transportation services to the Project and such
services shall be provided exclusively by employees of the Recipient covered
by this agreement, in accordance with this agreement and any applicable collective
bargaining agreement. The parties recognize, however, that certain of the recipients
signatory hereto, providing urban mass transportation services, have heretofore
provided such services through contracts by purchase, leasing, or other arrangements
and hereby agree that such practices may continue. Whenever any other employer
provides such services through contracts by purchase, leasing, or other arrangements
with the Recipient, or on its behalf, the provisions of this agreement shall
apply.
(23) An employee covered by this arrangement, who is not dismissed, displaced,
or otherwise worsened in his position with regard to his employment as a result
of the Project, but who is dismissed, displaced, or otherwise worsened solely
because of the total or partial termination of the Project or exhaustion of
Project funding, shall not be deemed eligible for a dismissal or displacement
allowance within the meaning of paragraphs (6) and (7) of this arrangement.
(24) If any employer of the employees covered by this arrangement shall have
rearranged or adjusted its forces in anticipation of the Project, with the effect
of depriving an employee of benefits to which he should be entitled under this
arrangement, the provisions of this arrangement shall apply to such employee
as of the date when he was so affected.
(25) In the context of a particular Project, the Recipient and any union which
is the collective bargaining representative of urban mass transportation employees
in the service area of the Recipient, and who may be affected by the assistance
to the Recipient within the meaning of 49 U.S.C.A. 1609(c), shall be deemed
a party to this arrangement as applied to the Project. In the event of any disagreement
that a labor organization should be a party to this arrangement, as applied
to the Project, then the dispute shall be determined by the Secretary of Labor.
(26) In the event any project to which this arrangement applies is approved
for assistance, the foregoing terms and conditions shall be made part of the
contract of assistance between the federal government and the applicant for
federal funds and between the applicant and any recipient of federal funds;
provided, however, that this arrangement shall not merge into the contract of
assistance but shall be independently binding and enforceable by and upon the
parties thereto, in accordance with its terms, nor shall any other employee
protective arrangement nor any collective bargaining agreement merge into this
agreement, but each shall be independently binding and enforceable by and upon
the parties thereto, in accordance with its terms.
* As an addendum to this arrangement, there shall be attached
where applicable the arbitration or other dispute settlement procedures or arrangements
provided for in the existing collective bargaining agreements or any other existing
agreements between the Recipient and the Union, subject to any changes in such
agreements as may be agreed upon or determined by interest arbitration proceedings.
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