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SFY 2017 Community Transportation Program (CTP) Grant <br /> Application - Special Section 5333 (b) Warranty <br /> economies or efficiencies unrelated to the Project) are not within the purview of this <br /> arrangement. <br /> An employee covered by this arrangement, who is not dismissed, displaced or otherwise <br /> worsened in his/her position with regard to employment as a result of the Project, but who is <br /> dismissed, displaced or otherwise worsened solely because of the total or partial termination <br /> of the Project or exhaustion of Project funding shall not be deemed eligible for a dismissal or <br /> displacement allowance within the meaning of paragraphs (6) and (7) of this arrangement. <br /> (2) Where employees of a Recipient are represented for collective bargaining purposes, all <br /> Project services provided by that Recipient shall be provided under and in accordance with <br /> any collective bargaining agreement applicable to such employees which is then in effect. <br /> This Arrangement does not create any collective bargaining relationship where one does not <br /> already exist or between any Recipient and the employees of another employer. Where the <br /> Recipient has no collective bargaining relationship with the Unions representing employees in <br /> the service area, the Recipient will not take any action which impairs or interferes with the <br /> rights, privileges, and benefits and/or the preservation or continuation of the collective <br /> bargaining rights of such employees. <br /> (3) All rights, privileges, and benefits (including pension rights and benefits) of employees <br /> covered by this arrangement (including employees having already retired) under existing <br /> collective bargaining agreements or otherwise, or under any revision or renewal thereof, shall <br /> be preserved and continued; provided, however, that such rights, privileges and benefits <br /> which are not foreclosed from further bargaining under applicable law or contract may be <br /> modified by collective bargaining and agreement by the Recipient and the Union involved to <br /> substitute other rights, privileges and benefits. Unless otherwise provided, nothing in this <br /> arrangement shall be deemed to restrict any rights the Recipient may otherwise have to direct <br /> the working forces and manage its business as it deemed best, in accordance with the <br /> applicable collective bargaining agreement. <br /> (4) The collective bargaining rights of employees covered by this arrangement, including the <br /> right to arbitrate labor disputes and to maintain union security and checkoff arrangements, as <br /> provided by applicable laws, policies and/or existing collective bargaining agreements, shall <br /> be preserved and continued. Provided, however, that this provision shall not be interpreted so <br /> as to require the Recipient to retain any such rights which exist by virtue of a collective <br /> bargaining agreement after such agreement is no longer in effect. <br /> The Recipient agrees that it will bargain collectively with the Union or otherwise arrange for <br /> the continuation of collective bargaining, and that it will enter into agreements with the Union <br /> or arrange for such agreements to be entered into, relative to all subjects which are or may be <br /> proper subjects of collective bargaining. If, at any time, applicable law or contracts permit or <br /> grant to employees covered by this arrangement the right to utilize any economic measures, <br /> nothing in this arrangement shall be deemed to foreclose the exercise of such right. <br /> (5)(a) The Recipient shall provide to all affected employees sixty (60) days' notice of intended <br /> actions which may result in displacements or dismissals or rearrangements of the working <br /> 2 <br /> NCDOT-PTD <br /> SFY 2017 <br />