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18 <br />SFY 2002 Community Transportation Program (CTP) Grant Application <br />Special Section 5333(b) Warranty <br />Page 3 of 5 <br />(4) Any dispute or controversy arising regarding the application, interpretation, or enforcement <br />of any of the provisions of this arrangement which cannot be settled by and between the parties <br />at interest within thirty (30) days after the dispute or controversy first arises, may be referred <br />by any such party to any final and binding disputes settlement procedure acceptable to the <br />parties, or in the event they cannot agree upon such procedure, to the U. S. Department of <br />Labor or an impartial third party designated by the U. S. Department of Labor for final and <br />binding determination. The compensation and expenses of the impartial third party, and any <br />other jointly incurred expenses, shall be borne equally by the parties to the proceeding and all <br />other expenses shall be paid by the party incurring them <br />In the event of any dispute as to whether or not a particular employee was affected by the <br />Project, it shall be his obligation to identify the Project and specify the pertinent facts of the <br />Project relied upon. It shall then be the burden of either the Recipient or other party legally <br />responsible for the application of these conditions to prove that factors other than the Project <br />affected the employees. The claiming employee shall prevail if it is established that the Project <br />had an effect upon the employee even if other factors may also have affected the employee. <br />(5) The Recipient or other legally responsible party designated by the Public Body will be <br />financially responsible for the application of these conditions and will make the necessary <br />arrangements so that any employee covered by these arrangements, or the union representative <br />of such employee may file claim of violation of these arrangements with the Recipient within <br />sixty (60) days of the date he is terminated or laid off as a result of the Project, or within <br />eighteen (18) months of the date his position with respect to his employment is otherwise <br />worsened as a result of the Project. In the latter case, if the events giving rise to the claim have <br />occurred over an extended period, the eighteen (18) month limitation shall be measured from <br />the last such event. No benefits shall be payable for any period prior to six (6) months from the <br />date of the filing of any claim. <br />(6) Nothing in this arrangement shall be construed as depriving any employee of any rights or <br />benefits which such employee may have under existing employment or collective bargaining <br />agreements, nor shall this arrangement be deemed a waiver of any rights of any union or of any <br />represented employee derived from any other agreement or provision of federal, state or local <br />law. <br />(7) In the event any employee covered by these arrangements is terminated or laid off as a <br />result of the Project, he shall be granted priority of employment or reemployment to fill any <br />vacant position within the control of the Recipient for which he is, or by training or retraining <br />within a reasonable period, can became qualified. In the event training or retraining is required <br />by such employment or reemployment, the Recipient or other legally responsible party <br />designated by the Public Body shall provide or provide for such training or retraining at no <br />cost to the employee. <br />(8) The Recipient will post, in a prominent and accessible place, a notice stating that the <br />NCDOT-PTD <br />SFY 2002'