OTHER-2024-022-Special section 5333(b) warranty for application to the nonurbanized area formula program

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FY 2025 Special Section 5333 (b ) Warranty date the employee was displaced or dismissed than the employee ' s length of service , as shown by the records and labor agreements applicable to his/ her employment prior to the date of the employee ' s displacement or dismissal . ( 15 ) ( a ) In the event that employee ( s ) are represented by a Union , any dispute , claim , or grievance arising from or relating to the interpretation , application or enforcement of the provisions of this arrangement, not otherwise governed by paragraph 12 ( c ) , the Labor- Management Relations Act, as amended , the Railway Labor Act, as amended , or by impasse resolution provisions in a collective bargaining or protective arrangement involving the Recipient and the Union , which cannot be settled by the parties thereto within thirty ( 30 ) days after the dispute or controversy arises , may be referred by any such party to any final and binding disputes settlement procedure acceptable to the parties . In the event they cannot agree upon such procedure, the dispute , claim , or grievance may be submitted at the written request of the Recipient or the Union to final and binding arbitration . Should the parties be unable to agree upon the selection of a neutral arbitrator within ten ( 10 ) days , any party may request the American Arbitration Association to furnish , from among arbitrators who are then available to serve , five ( 5 ) arbitrators from which a neutral arbitrator shall be selected . The parties shall , within five ( 5 ) days after the receipt of such list, determine by lot the order of elimination and thereafter each shall , in that order, alternately eliminate one name until only one name remains . The remaining person on the list shall be the neutral arbitrator . Unless otherwise provided , in the case of arbitration proceedings, under paragraph ( 5 ) of this arrangement, the arbitration shall commence within fifteen ( 15 ) days after selection or appointment of the neutral arbitrator, and the decision shall be rendered within forty-five ( 45 ) days after the hearing of the dispute has been concluded and the record closed . The decision shall be final and binding . All the conditions of the arrangement shall continue to be effective during the arbitration proceedings . ( 15 ) ( b ) The compensation and expenses of the neutral arbitrator, and any other jointly incurred expenses , shall be borne equally by the Union ( s ) and Recipient, and all other expenses shall be paid by the party incurring them . ( 15 ) ( c ) In the event that employee ( s ) are not represented by a Union , any dispute , claim , or grievance arising from or relating to the interpretation , application or enforcement of the provisions of this arrangement which cannot be settled by the Recipient and the employee ( s ) within thirty ( 30 ) days after the dispute or controversy arises , may be referred by any such party to any final and binding dispute settlement procedure acceptable to the parties , or in the event the parties cannot agree upon such a procedure , the dispute or controversy may be referred to the Secretary of Labor for a final and binding determination . 12 NCDOT-DAD March 5 , 2024