Orange County NC Website
(S) The Recipient or other legally responsible party designated by <br />the Public Body will be financially responsible for the <br />application of these conditions and will make the necessary <br />arrangements so that any employee covered by these arrangements, <br />or the union representative of such employee may file claim of <br />violation of these arrangements with the Recipient within sixty <br />(60) days of the date he is terminated or laid off as a result <br />of the Project, or within eighteen (18) months of the date his <br />position with respect to his employment is otherwise worsened as <br />a result of the Project. In the latter case, if the events <br />giving rise to the claim have occurred over an extended period, <br />the eighteen (18) month limitation shall be measured from the <br />last such event. No benefits shall be payable for any period <br />prior to six (6) months from the date of the filing of any claim. <br />(6) Nothing in this arrangement shall be construed as depriving any <br />employee of any rights or benefits which such employee may have <br />under existing employment or collective bargaining agreements, <br />nor shall this arrangement be deemed a waiver of any rights, of <br />any union or of any represented employee derived from any other <br />agreement or provision of federal, state or local law. <br />(7) In the event any employee covered by these arrangements is <br />terminated or laid off as a result of the Project, he shall be <br />granted priority of employment or reemployment to fill any vacant <br />position within the control of the Recipient for which he is, or <br />by training or retraining within a reasonable period, can become <br />qualified. In the event training or retraining is required by <br />such such employment or reemployment, the Recipient or other <br />legally responsible party designated by the Public Body shall <br />provide or provide for such training or retraining at no cost to <br />the employee. <br />(8) The Recipient will post, in a prominent and accessible place, a <br />notice stating that the Recipient has received federal assistance <br />under the Urban Mass Transportation Act and has agreed to comply <br />with the provisions of Section 13(c) of the Act. This notice <br />shall also specify the terms and conditions set forth herein for <br />the protection of employees. The Recipient shall maintain and <br />keep on file all relevant books and records in sufficient detail <br />as to provide the basic information necessary to the proper <br />application, administration, and enforcement of these <br />arrangements and to the proper determination of any claims <br />arising thereunder. <br />(9) Any labor organization which is the collective bargaining <br />representative of employees covered by these arrangements, may <br />become a party to these arrangements by serving written notice <br />its desire to do so upon the Recipient and the Department of <br />Labor. In the event of any disagreement that such labor <br />organization represents covered employees, or is otherwise <br />eligible to become a party to these arrangements, as applied to <br />the Project, the dispute as to whether such organization shall <br />participate shall be determined by the Secretary of Labor. <br />5911 <br />