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SFY 2017 Community Transportation Program (CTP) Grant <br /> Application - Special Section 5333 (b) Warranty <br /> on account of voluntary absences to the extent that the employee is not available for service <br /> equivalent to his/her average monthly time, but the employee shall be compensated in <br /> addition thereto at the rate of the current position for any time worked in excess of the average <br /> monthly time paid for. If a displaced employee fails to exercise his/her seniority rights to <br /> secure another position to which the employee is entitled under the then existing collective <br /> bargaining agreement, and which carries a wage rate and compensation exceeding that of the <br /> position which the employee elects to retain, the employee shall thereafter be treated, for the <br /> purposes of this paragraph, as occupying the position the employee elects to decline. <br /> (6)(c) The displacement allowance shall cease prior to the expiration of the protective period <br /> in the event of the displaced employee's resignation, death, retirement, or dismissal for cause <br /> in accordance with any labor agreement applicable to his/her employment. <br /> (7)(a) Whenever any employee is laid off or otherwise deprived of employment as a result of <br /> the Project, in accordance with any collective bargaining agreement applicable to his/her <br /> employment, the employee shall be considered a "dismissed employee" and shall be paid a <br /> monthly dismissal allowance to be determined in accordance with this paragraph. Said <br /> dismissal allowance shall first be paid each dismissed employee on the thirtieth (30th) day <br /> following the day on which the employee is "dismissed" and shall continue during the <br /> protective period, as follow: <br /> Employee's length of Service <br /> prior to adverse effect Period of protection <br /> 1 day to 6 years equivalent period <br /> 6 years or more 6 years <br /> The monthly dismissal allowance shall be equivalent to one-twelfth (1/12th) of the total <br /> compensation received by the employee in the last twelve (12) months of his/her employment <br /> in which the employee performed compensation service more than fifty per centum of each <br /> such month based on the employee's normal work schedule to the date on which the <br /> employee was first deprived of employment as a result of the Project. Such allowance shall be <br /> adjusted to reflect subsequent general wage adjustments, including cost of living adjustments <br /> where provided for. <br /> (7)(b) An employee shall be regarded as deprived of employment and entitled to a dismissal <br /> allowance when the position the employee holds is abolished as a result of the Project, or <br /> when the position the employee holds is not abolished but the employee loses that position as <br /> a result of the exercise of seniority rights by an employee whose position is abolished as a <br /> result of the Project or as a result of the exercise of seniority rights by other employees <br /> brought about as a result of the Project, and the employee is unable to obtain another position, <br /> either by the exercise of the employee's seniority rights, or through the Recipient, in <br /> accordance with subparagraph (e). In the absence of proper notice followed by an agreement <br /> or decision pursuant to paragraph (5) hereof, no employee who has been deprived of <br /> 5 <br /> NCDOT-PTD <br /> SFY 2017 <br />