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SFY 2002 Community Transportation Program (CTP) Grant Application <br />Special Section 5333(b) Warranty <br />Page 2 of 5 <br />organizational, operational, technological, or otherwise, which are a result of the assistance <br />provided. The phrase "as a result of the Project", shall when used in this arrangement, include <br />events related to the Project occurring in anticipation of, during, and subsequent to the Project <br />and any program of efficiencies or economies related thereto; provided, however, that volume <br />rises and falls of business, or changes in volume and character of employment brought about by <br />causes other than the Project (including any economies or efficiencies unrelated to the Project) <br />are not within the purview of this arrangement. <br />An employee covered by this arrangement, who is not dismissed, displaced or otherwise <br />worsened in his position with regard to his employment as a result of the Project, but who is <br />dismissed, displaced or otherwise worsened solely because of the total or partial termination of <br />the Project discontinuance of Project services, or exhaustion of Project funding shall not be <br />deemed eligible for a dismissal or displacement allowance within the meaning of paragraphs (b) <br />and (7) of the Model Agreement or applicable provisions of substitute comparable <br />arrangements. <br />(2)(a) 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 any <br />collective bargaining agreement applicable to such employees which is then in effect. <br />(b) The Recipient or legally responsible party shall provide to all affected employees sixty (60) <br />days notice of intended actions which may result in displacements or dismissals or <br />rearrangements of the working forces. In the case of employees represented by a union, such <br />notice shall be provided by certified mail through their representatives. The notice shall contain <br />a 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 in <br />the Recipient's employment available to be filled by such affected employees. <br />(c) The procedures of this subparagraph shall apply to cases where notices involve employees <br />represented by a union for collective bargaining purposes. At the request of either the <br />Recipient or the representatives of such employees, negotiations for the purposes of reaching <br />agreement with respect to the application of the terms and conditions of this arrangement shall <br />commence immediately. If no agreement is reached within twenty (20) days from the <br />commencement of negotiations, any party to the dispute may submit the matter to dispute <br />settlement procedures in accordance with paragraph (4) of this warranty. The foregoing <br />procedures shall be complied with and carried out prior to the institution of the intended <br />action. <br />(3) For the purpose of providing the statutory required protections including those specifically <br />mandated by Section 5333(b) of the Act,* the Public Body will assure as a condition of the <br />release of funds that the Recipient agrees to be bound by the terms and conditions of the <br />National (Model) Section 5333(b) Agreement executed July 23, 1975, identified below,** <br />provided that other comparable arrangements may be substituted therefore, if approved by the <br />Secretary of Labor and certified for inclusion in these conditions. <br />17 <br />NCDOT-Fm <br />SFY 2002