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

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I ( FY 2025 Special Section 5333 (b ) Warranty i The Recipient agrees that it will bargain collectively with the Union or otherwise arrange for the continuation of collective bargaining, and that it will enter into agreements with the Union or arrange for such agreements to be entered into , relative to all subjects which are or may be proper subjects of collective bargaining . If, at any time , applicable law or contracts permit or grant to employees covered by this arrangement the right to utilize any economic measures , nothing in this arrangement shall be deemed to foreclose the exercise of such right . ( 5 ) ( a ) The Recipient shall provide to all affected employees sixty ( 60 ) days ' notice of intended actions which may result in displacements or dismissals or rearrangements of the working forces as a result of the Project . In the case of employees represented by a Union , such notice shall be provided by certified mail through their representatives . The notice shall contain a full and adequate statement of the proposed changes, and an estimate of the number of employees affected by the intended changes , and the number and classifications of any jobs within the jurisdiction and control of the Recipient, including those in the employment of any entity bound by this arrangement pursuant to paragraph ( 21 ) , available i to be filled by such affected employees . I. ( 5 ) ( b ) The procedures of this subparagraph shall apply to cases where notices involve I` employees represented by a Union for collective bargaining purposes . At the request of either the Recipient or the representatives of such employees , negotiations for the purposes of reaching agreement with respect to the application of the terms and conditions of this arrangement shall commence immediately . These negotiations shall include determining the selection of forces from among the mass transportation employees who may be affected as k a result of the Project, to establish which such employees shall be offered employment for which they are qualified or can be trained . If no agreement is reached within twenty ( 20 ) days from the commencement of negotiations , any party to the dispute may submit the j matter to dispute settlement procedures in accordance with paragraph ( 15 ) of this arrangement . Unless the parties otherwise mutually agree in writing, no change in operations, services , facilities or equipment within the purview of this paragraph ( 5 ) shall occur until after either : 1 ) an agreement with respect to the application of the terms and conditions of this arrangement to the intended change ( s ) is reached ; 2 ) the decision of the arbitrator has been rendered pursuant to this subparagraph ( b ) ; or 3 ) an arbitrator selected pursuant to Paragraph ( 15 ) of this arrangement determines that the intended change ( s ) may LI be instituted prior to the finalization of implementing arrangements . : ( 5 ) ( c ) In the event of a dispute as to whether an intended change within the purview of this I: paragraph ( 5 ) may be instituted at the end of the 60 - day notice period and before an implementing agreement is reached or a final arbitration decision is rendered pursuant to 1 S, subparagraph b an involved art may immediate ) submit that issue to arbitration under 4 ` ( ) , Y party y y paragraph ( 15 ) of this arrangement . In any such arbitration , the arbitrator shall rely upon the standards and criteria utilized by the Surface Transportation Board ( and its predecessor agency, the Interstate Commerce Commission ) to address the " preconsummation " issue in ! cases involving employee protections pursuant to 49 U . S . C . Section 11326 ( or its 3 NCDOT-DM March 5 , 2024