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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Jerrypassmore - SFY 2002 Labor Certification.doc _, - ~ - ~ ~ ~ .._. _ _ _ _ _. _... . Page 4' SFY 2002 Community Transportation Program (C1~ Grant Application ~ Special Section 5333(b) Warranty Page 4 of 5 Recipient has received federal assistance under the Federal Transit Act and has agreed to comply with the provisions of Section 5333(b) of the Act. This notice shall also specify the ternis and conditions set forth herein for the prote~tion of employees. The Recipient shall maintain and keep on file all relevant books and records in sufficient detail as to provide the basic information necessary to the proper application, administration, and enforcement of these arrangements and to the proper determination of any claims arising thereunder. (9) Any labor organization which is the collective bargaining representative of employees covered by these arraugements, may become a party to these arrangements by serving written notice its desire to do so upon the Re~ipient and the U. S. Depaztment of Labor. In the event of any disagreement that such labor organization represents covered employees, or.is otherwise eligible to become a party to these arrangements, as applied to the Project, the dispute as to whether such organization shall participate shall be determined by the Secretary of Labor. (10) In the event the Project is approved for assistance under the Act, the foregoing terms and conditions shall be made part of the contract of assistance between the federal government and the Public Bo.dy or Recipient of federal funds; providesi, however, that this arrangement shall not merge into the contract of assistance, but shall be independently bindin~ and enforceable by and upon the parties thereto, and by any covered employee or his representative, in accordance with its terms, nor shall any other employee protective agreement merge into this arrangement, but each sha.ll be independently binding and enforceable by and upon the parties thereto, in accordance with its terms. - C. Waiver As a part of the grant approval process, either the Recipient or other legally responsible party designated by the Public Body may in writing seek from the Secretary of Labor a waiver of the statutory required protections. The Secretary will waive these protections in cases, where at the time ~of the requested waiver, the Secretary determines that there aze no employees of the Recipient or of any other surface public transportation providers in the transportation service azea who could be potentially affiected by the Project. A tturty (30) day notice of proposed waiver will be given by the U. S. Depart~ent of Labor and 'm Ehe absence of timely objection, the waiver w~11 become final at the end of the thirty (30) day notice period. In the event of timely objection, the U. S. Department of Labor will review the matter and determine whether a waiver shall be granted. On the absence of waiver, these protections shall apply to the Project. .............................................................................................................. ........................ Notes: * Such protective arrangements shall include, without being limited to such provisions as may be necessary for (1) the preservation of rights, privileges, and benefits (including continuation of pension rights and benefits) -under existing collective bazgaining agreements or otherwise; NCDOT-PTD SFY 2002