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10 <br />F'Y99 Community Transportadoa Program (CTP) Grant Application <br />SECTION 11 <br />comply with the provisions of Section 5333(b) of the Act. This notice shall also specify the <br />~',- <br />terms and conditions set forth herein for the protection of employees. The Recipient shall <br />-~: ~. <br />maintain and keep on file all relevant books and records in sufficient detail as to provide the <br />basic information necessary to the proper application, administration, and enforcement of <br />these arrangements and to the proper determination of any claims arising thereunder. <br />(9) Any labor organization which is the collective bargaining representative of employees <br />covered by these arrangements, may become a party to these arrangements by serving written <br />notice its desire to do so upon the Recipient and the Department of Labor. In the event of any <br />disagreement that such labor organization represents covered employees, or is otherwise <br />eligible to become a party to these arrangements, as applied to the Project, the dispute as to <br />whether such organization shall participate shall be determined by the Secretary of Labor. <br />(10) In the event the Project is approved for assistance under the Act, the foregoing terms and <br />conditions shall be made part of the contract of assistance between the federal government <br />and the Public Body or Recipient of federal funds; provided, however, that this arrangement <br />shall not merge into the contract of assistance, but shall be independently binding and <br />enforceable by and upon the parties thereto, and by any covered employee or his <br />representative, in accordance with its terms, nor shall any other employee protective <br />agreement merge into this arrangement, but each shall be independently binding and <br />enforceable by and upon the parties thereto, in accordance with its terms. <br />C. Waiver <br />As a part of the grant approval process, either the Recipient or other legally responsible party <br />designated by the Public Body may in writing seek from the Secretary of Labor a waiver of <br />the statutory required protections. The Secretary will waive these protections in cases, where <br />at the time of the requested waiver, the Secretary determines that there are no employees of <br />the Recipient or of any other surface public transportation providers in the transportation <br />service area who could be potentially affected by the Project. A thirty (30) day notice of <br />proposed waiver will be given by the Department of Labor and in the absence of timely <br />objection, the waiver will become final at the end of the thirty (30) day notice period. In the <br />event of timely objection, the Depaztment of Labor will review the matter and determine <br />whether a waiver shall be granted. On the absence of waiver, these protections shall apply to <br />the Project. <br />...................................................................................................................................... <br />Notes: <br />* Such protective arrangements shall include, without being limited to such provisions as <br />may be necessary for (1) the preservation of rights, privileges, and benefits (including <br />continuation of pension rights and benefits) -under existing collective bazgaining agreements <br />or otherwise; (2) the continuation of collective bargaining rights; (3) the protection of <br />individual employees against a worsening of their positions with respect to their employment; <br />FY99 APPLICATION NCDOT-PTD <br />