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SFY 2017 Community Transportation Program (CTP) Grant <br /> Application - Special Section 5333 (b) Warranty <br /> forces as a result of the Project. In the case of employees represented by a Union, such notice <br /> shall be provided by certified mail through their representatives. The notice shall contain a <br /> full and adequate statement of the proposed changes, and an estimate of the number of <br /> employees affected by the intended changes, and the number and classifications of any jobs <br /> within the jurisdiction and control of the Recipient, including those in the employment of any <br /> entity bound by this arrangement pursuant to paragraph (21), available to be filled by such <br /> affected employees. <br /> (5)(b) The procedures of this subparagraph shall apply to cases where notices involve <br /> employees represented by a Union for collective bargaining purposes. At the request of either <br /> the Recipient or the representatives of such employees, negotiations for the purposes of <br /> reaching agreement with respect to the application of the terms and conditions of this <br /> arrangement shall commence immediately. These negotiations shall include determining the <br /> selection of forces from among the mass transportation employees who may be affected as a <br /> result of the Project, to establish which such employees shall be offered employment for <br /> which they are qualified or can be trained. If no agreement is reached within twenty (20) days <br /> from the commencement of negotiations, any party to the dispute may submit the matter to <br /> dispute settlement procedures in accordance with paragraph (15) of this arrangement. Unless <br /> the parties otherwise mutually agree in writing, no change in operations, services, facilities or <br /> equipment within the purview of this paragraph (5) shall occur until after either: 1) an <br /> agreement with respect to the application of the terms and conditions of this arrangement to <br /> the intended change(s) is reached; 2) the decision of the arbitrator has been rendered pursuant <br /> to this subparagraph (b); or 3) an arbitrator selected pursuant to Paragraph (15) of this <br /> arrangement determines that the intended change(s) may be instituted prior to the finalization <br /> of implementing arrangements. <br /> (5)(c) In the event of a dispute as to whether an intended change within the purview of this <br /> paragraph (5) may be instituted at the end of the 60-day notice period and before an <br /> implementing agreement is reached or a final arbitration decision is rendered pursuant to <br /> subparagraph (b), any involved party may immediately submit that issue to arbitration under <br /> paragraph (15) of this arrangement. In any such arbitration, the arbitrator shall rely upon the <br /> standards and criteria utilized by the Surface Transportation Board (and its predecessor <br /> agency, the Interstate Commerce Commission) to address the "preconsummation" issue in <br /> cases involving employee protections pursuant to 49 U.S.C. Section 11326 (or its predecessor, <br /> Section 5(2)(f) of the Interstate Commerce Act, as amended). If the Recipient demonstrates, <br /> as a threshold matter in any such arbitration, that the intended action is a trackage rights, lease <br /> proceeding or similar transaction, and not a merger, acquisition, consolidation, or other <br /> similar transaction, the burden shall then shift to the involved labor organization(s) to prove <br /> that under the standards and criteria referenced above, the intended action should not be <br /> permitted to be instituted prior to the effective date of a negotiated or arbitrated implementing <br /> agreement. If the Recipient fails to demonstrate that the intended action is a trackage rights, <br /> lease proceeding, or similar transaction, it shall be the burden of the Recipient to prove that <br /> under the standards and criteria referenced above, the intended action should be permitted to <br /> be instituted prior to the effective date of a negotiated or arbitrated implementing agreement. <br /> For purposes of any such arbitration, the time period within which the parties are to respond <br /> to the list of potential arbitrators submitted by the American Arbitration Association Service <br /> 3 <br /> NCDOT-PTD <br /> SFY 2017 <br />