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 t i i ( 15 ) ( d ) In the event of any dispute as to whether or not a particular employee was affected by the Project, it shall be the obligation of the employee or the representative of the employee to identify the Project and specify the pertinent facts of the Project relied upon . It shall then be the burden of the Recipient to prove that factors other than the Project G affected the employee . The claiming employee shall prevail if it is established that the Project had an effect upon the employee even if other factors may also have affected the employee . ( See Hodgson ' s Affidavit in Civil Action No . 825 - 71 ) . ( 16 ) The Recipient will be financially responsible for the application of these conditions and will make the necessary arrangements so that any employee covered by this arrangement E may file a written claim of its violation , through the Union , or directly if the employee is 4 outside the bargaining unit, with the Recipient within sixty ( 60 ) days of the date the employee is terminated or laid off as a result of the Project, or within eighteen ( 18 ) months of the date the employee ' s position with respect to his/ her employment is otherwise worsened as a result of the Project . In the latter case, if the events giving rise to the claim have occurred over an extended period , the 1 & month limitation shall be measured from the last such event . No benefits shall be payable for any period prior to six ( 6 ) months from the date of the filing of any claim . Unless such claims are filed with the Recipient within said time limitations, the Recipient shall thereafter be relieved of all liabilities and obligations related to the claim . The Recipient will fully honor the claim , making appropriate payments , or will give notice to the claimant or his/ her representative of the basis for denying or modifying such claim , giving reasons , therefore . If the Recipient fails to honor such claim , the Union or non - bargaining unit employee may invoke the following procedures for further joint investigation of the claim by giving notice in writing . Within ten ( 10 ) days from the receipt of such notice , the parties shall exchange such factual material as may be requested of them relevant to the disposition of the claim and shall jointly take such steps as may be necessary or desirable to obtain from any third party such additional factual materials as may be relevant . In the event the rejects the claim Recipient j the claim may be processed to arbitration as hereinabove p y provided by paragraph ( 15 ) . ( 17 ) Nothing in this arrangement shall be construed as depriving any employee of any rights or benefits which such employee may have under existing employment or collective bargaining agreements or otherwise ; provided that there shall be no duplication of benefits to any employee , and , provided further, that any benefit under this arrangement shall be construed to include the conditions , responsibilities , and obligations accompanying such benefit . This arrangement shall not be deemed a waiver of any rights of any Union or of any represented employee derived from any other agreement or provision of federal , state or local law . F, G c 13 NCDOT4MD March 5 , 2024