Orange County NC Website
Browse       Search
FY 2025 Special Section 5333 (b) Warranty 41 <br /> (15)(d) In the event of any dispute as to whether or not a particular employee was affected <br /> by the Project, it shall be the obligation of the employee or the representative of the <br /> employee to identify the Project and specify the pertinent facts of the Project relied upon. It <br /> shall then be the burden of the Recipient to prove that factors other than the Project <br /> affected the employee. The claiming employee shall prevail if it is established that the <br /> Project had an effect upon the employee even if other factors may also have affected the <br /> employee. (See Hodgson's Affidavit in Civil Action No. 825-71). <br /> (16) The Recipient will be financially responsible for the application of these conditions and <br /> will make the necessary arrangements so that any employee covered by this arrangement <br /> may file a written claim of its violation, through the Union, or directly if the employee is <br /> outside the bargaining unit, with the Recipient within sixty (60) days of the date the <br /> employee is terminated or laid off as a result of the Project, or within eighteen (18) months <br /> of the date the employee's position with respect to his/her employment is otherwise <br /> worsened as a result of the Project. In the latter case, if the events giving rise to the claim <br /> have occurred over an extended period, the 18-month limitation shall be measured from the <br /> 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. Unless such claims are filed with the Recipient within said time <br /> limitations, the Recipient shall thereafter be relieved of all liabilities and obligations related <br /> to the claim. <br /> The Recipient will fully honor the claim, making appropriate payments, or will give notice to <br /> the claimant or his/her representative of the basis for denying or modifying such claim, <br /> giving reasons, therefore. If the Recipient fails to honor such claim, the Union or non- <br /> bargaining unit employee may invoke the following procedures for further joint investigation <br /> of the claim by giving notice in writing. Within ten (10) days from the receipt of such notice, <br /> the parties shall exchange such factual material as may be requested of them relevant to the <br /> disposition of the claim and shall jointly take such steps as may be necessary or desirable to <br /> obtain from any third party such additional factual materials as may be relevant. In the event <br /> the Recipient rejects the claim, the claim may be processed to arbitration as hereinabove <br /> provided by paragraph (15). <br /> (17) Nothing in this arrangement shall be construed as depriving any employee of any rights <br /> or benefits which such employee may have under existing employment or collective <br /> bargaining agreements or otherwise; provided that there shall be no duplication of benefits <br /> to any employee, and, provided further, that any benefit under this arrangement shall be <br /> construed to include the conditions, responsibilities, and obligations accompanying such <br /> benefit. This arrangement shall not 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 <br /> local law. <br /> 13 <br /> NCDOT-IMD <br /> March 5,2024 <br />