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 ( 18 ) During the employee ' s protective period , a dismissed employee shall , if the employee so requests, in writing, be granted priority of employment or reemployment to fill any vacant position within the jurisdiction and control of the Recipient reasonably comparable to that which the employee held when dismissed , including those in the employment of any entity bound by this arrangement pursuant to paragraph ( 21 ) herein , for which the employee is , or by training or retraining can become, qualified ; not, however, in contravention of collective bargaining agreements related thereto . In the event such employee requests such training or re -training to fill such vacant position , the Recipient shall provide for such training or re - training at no cost to the employee . The employee shall be paid the salary or hourly rate provided for in the applicable collective bargaining agreement or otherwise established in personnel policies or practices for such position , plus any displacement allowance to which the employee may be otherwise entitled . If such dismissed employee who has made such request fails, without good cause , within ten ( 10 ) days to accept an offer of a position comparable to that which the employee held when dismissed for which the employee is qualified , or for which the employee has satisfactorily completed such training, the employee shall , effective at the expiration of such ten - day period , forfeit all rights and benefits under this arrangement . As between employees who request employment pursuant to this paragraph , the following order where applicable shall prevail in hiring such employees : ( a ) Employees in the craft or class of the vacancy shall be given priority over employees without seniority in such craft or class ; ( b ) As between employees having seniority in the craft or class of the vacancy, the senior employees , based upon their service in that craft or class, as shown on the appropriate seniority roster, shall prevail over junior employees , ( c ) As between employees not having seniority in the craft or class of the vacancy, the senior employees, based upon their service in the crafts or classes in which they do have seniority as shown on the appropriate seniority rosters, shall prevail over junior employees . ( 19 ) The Recipient will post, in a prominent and accessible place, a notice stating that the Recipient has received federal assistance under the Federal Transit statute and has agreed to comply with the provisions of 49 U . S . C . , Section 5333 ( b ) . This notice shall also specify the terms and conditions set forth herein for the protection of employees . The Recipient shall maintain and keep on file all relevant books and records in sufficient detail as to provide the basic information necessary to the proper application , administration , and enforcement of this arrangement and to the proper determination of any claims arising thereunder . ( 20 ) In the event the Project is approved for assistance under the statute , the foregoing terms and conditions shall be made part of the contract of assistance between the federal government and the applicant for federal funds and between the applicant and any recipient of federal funds ; provided , however, that this arrangement shall not merge into the contract 14 NCDOT4MD March 5 , 2024