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FY 2025 Special Section 5333 (b) Warranty 42 <br /> (18) During the employee's protective period, a dismissed employee shall, if the employee so <br /> requests, in writing, be granted priority of employment or reemployment to fill any vacant <br /> position within the jurisdiction and control of the Recipient reasonably comparable to that <br /> which the employee held when dismissed, including those in the employment of any entity <br /> bound by this arrangement pursuant to paragraph (21) herein, for which the employee is, or <br /> by training or retraining can become, qualified; not, however, in contravention of collective <br /> bargaining agreements related thereto. In the event such employee requests such training or <br /> re-training to fill such vacant position, the Recipient shall provide for such training or re- <br /> training at no cost to the employee. The employee shall be paid the salary or hourly rate <br /> provided for in the applicable collective bargaining agreement or otherwise established in <br /> personnel policies or practices for such position, plus any displacement allowance to which <br /> the employee may be otherwise entitled. If such dismissed employee who has made such <br /> request fails, without good cause, within ten (10) days to accept an offer of a position <br /> comparable to that which the employee held when dismissed for which the employee is <br /> qualified, or for which the employee has satisfactorily completed such training, the <br /> employee shall, effective at the expiration of such ten-day period, forfeit all rights and <br /> benefits under this arrangement. <br /> As between employees who request employment pursuant to this paragraph, the following <br /> order where applicable shall prevail in hiring such employees: <br /> (a) Employees in the craft or class of the vacancy shall be given priority over employees <br /> without seniority in such craft or class; <br /> (b) As between employees having seniority in the craft or class of the vacancy, the senior <br /> employees, based upon their service in that craft or class, as shown on the appropriate <br /> seniority roster, shall prevail over junior employees; <br /> (c) As between employees not having seniority in the craft or class of the vacancy, the senior <br /> employees, based upon their service in the crafts or classes in which they do have seniority <br /> as shown on the appropriate seniority rosters, shall prevail over junior employees. <br /> (19) The Recipient will post, in a prominent and accessible place, a notice stating that the <br /> Recipient has received federal assistance under the Federal Transit statute and has agreed to <br /> comply with the provisions of 49 U.S.C., Section 5333(b). This notice shall also specify the <br /> terms and conditions set forth herein for the protection of employees. The Recipient shall <br /> maintain and keep on file all relevant books and records in sufficient detail as to provide the <br /> basic information necessary to the proper application, administration, and enforcement of <br /> this arrangement and to the proper determination of any claims arising thereunder. <br /> (20) In the event the Project is approved for assistance under the statute, the foregoing <br /> terms and conditions shall be made part of the contract of assistance between the federal <br /> government and the applicant for federal funds and between the applicant and any recipient <br /> of federal funds; provided, however, that this arrangement shall not merge into the contract <br /> 14 <br /> NCDOT-IMD <br /> March 5,2024 <br />