Under the Federal Transit Act , 49 U.S.C. § 5333(b), a recipient of Federal mass transit funds must protect all covered mass transit employees affected by the use of the Federal money. Prior to the release of federal assistance, the Secretary of Labor must certify that protective arrangements meet the requirements of the statute. These arrangements are called “section 13(c)” protections. The Secretary of Labor has delegated authority over the employee protection provisions of federal transit law to the Director of the Office of Labor-Management Standards (OLMS). Below are the most recent OLMS certification determinations, as well as recent final and binding claims decisions regarding alleged violations of certified protective arrangements. You may also visit the OLMS Transit Employee Protection page for further information on the program and section 13(c).
CERTIFICATION DETERMINATIONS
Office of Labor-Management Standards, Division of Statutory Programs
The Department’s Guidelines at 29 CFR Part 215 provide the process for OLMS to certify protective arrangements and resolve disputes arising in the development and review of protective arrangements by issuing a “certification determination”.
In accordance with 29 CFR Part 215.3(d)(7), when OLMS finds an objection to the existing protections sufficient to warrant alternative protections, OLMS may direct the parties to negotiate alternative protections . If the parties fail to reach agreement over the protective arrangements to be applied to a grant application, the Guidelines require that OLMS issue a decision that resolves the disputes. OLMS’s certification in such instances will impose sufficient terms and conditions of the protective arrangements to be applied to a pending grant application. These “determinations” may discuss the principles of the statute as they apply to the instant case. Notwithstanding the forgoing, OLMS may withhold certification where circumstances inconsistent with the statue so warrant. 29 CFR 215(3)(d)(8).
Determinations from 2009 to present are posted.
Transit Employee Protection Certification Determinations
FINAL AND BINDING CLAIMS DECISIONS
Office of Labor Management Standards, Division of Statutory Programs
A distinctly different role of OLMS is to arbitrate, in certain circumstances, disputes arising over the interpretation, application, or enforcement of the protective arrangements made applicable to a grant. This role is limited to cases where the arrangements allow for final and binding arbitration by the Secretary of Labor, or designee. We refer to the resolution of such disputes as “claims decisions”.
A claim seeks to address alleged violations of the protective arrangements subsequent to OLMS’ certification. In accordance with most protective arrangements, such disputes are primarily resolved through private arbitration. OLMS has jurisdiction only when the certification and the protective arrangements specifically provide for OLMS involvement in the process. In the alternative, the parties may agree to any final and binding arbitration process for resolving claims of affected employees not otherwise covered by a specific process.
Transit Employee Protection Claim Decisions
Last Updated: 4-28-14