2002 S Aging - N.C. Department of Transportation Grant Resolution to apply for and enter into Agreement for Community Transportation Program (CTP) Grant Funds

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; Jerry Passmore - SFY 2002 Labor Certification.doc Pa e 3; . . . _.. . . . _. _ . . . .. .. . 9~.. . ~~~2 C°~n"'nih' ~Y'ansPortati~ Program (CTP) Graat ApplicaHon ~pecial SecHoa 5333(b) Warraaty Page 3 of S (4) Any dispute or controversy arising regazding the application, mterpretation, or enforcement of any of the provisions of this arrangement ~which cannot be settled by and between the parties at interest within thirty (30) days ai~er the dispute or controversy first arises, may be referred by any such pazty to any final and binding disputes settlement procedure acceptable to the parties, or in the event they cannot agree upon such procedure, to the U. S. Department of Labor or an impartial third party designated by the U. S. Departrnent of Labor for final and binding determination. The compensation and expenses of the irnpartial third party, and any other jointly incurred expenses, shall be bome equally by the parties to the proceeding and all other expenses shall be paid by the party incurring thern In the event of any dispute as to whether or not a particular employee was aftected by the Pro,ject, it shall be his obligation to identify the Project and specify the pertinent facts of the Project relied upon. It shall then be the burden of either.the Recipient or other party ]egally responsible for the application of these conditions to prove that factors other than the Project affected the employees. The .claiming employe~ 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. (5) The Recipient or other legally responsible party designated by the Public Body will be financially responsible for the application of these conditions and will make the necessary azrangements so that any employee covered by these arrangements, or the union representative of such employee may file claun of violation of these arrangements with the Recipient within sixty (60) days of the daxe 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. In the latter case, if the events giving rise to the clairn have occurred over an extended period, the eighteen (18) month limitation shall be measured from the last such event. No benefits shall be payable for any period prior to six (6) months from the daxe of the filing of any clauri. (6) Nothing in this arrangement shall be construed as depriving any employee of any rights or benefits which such employee may have under existing employment or collective bargaining agreements, nor shall this azrangernent be deemed a waiver of any rights of any union or of any represented employee derived from any other agreement or provision of federal, state or local law. (7) In the event any employee covered by these arrangements is terminated or laid off as a result of the Project, he shall be granted priority of employment or reemployment to fiIl any vacant position within the control of the Recipient for which he is, or by training or retraiaing within a reasonable period, can beca~ae qualified, In the event training or retraining is required by such employment or reemployment, the Recipient or other legally responsible party designated by the Public Body shall provide or provide for such training or retraming at no cost to the employee. . • (8) The Recipient will post, in a prominent and accessible place, a notice stating that the NCDOT-PTD SFY 2002