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 predecessor, Section 5 ( 2 ) ( f) of the Interstate Commerce Act, as amended ) . If the Recipient demonstrates, as a threshold matter in any such arbitration , that the intended action is a trackage rights , lease proceeding or similar transaction , and not a merger, acquisition , consolidation , or other similar transaction , the burden shall then shift to the involved labor organization ( s ) to prove that under the standards and criteria referenced above, the intended action should not be permitted to be instituted prior to the effective date of a negotiated or arbitrated implementing agreement . If the Recipient fails to demonstrate that the intended action is a trackage rights , lease proceeding, or similar transaction , it shall be the burden of the Recipient to prove that under the standards and criteria referenced above , the intended action should be permitted to be instituted prior to the effective date of a negotiated or arbitrated implementing agreement . For purposes of any such arbitration , the time period within which the parties are to respond to the list of potential arbitrators submitted by the American Arbitration Association Service shall be five ( 5 ) days , the notice of hearing may be given orally or by facsimile, the hearing will be held promptly, the award of the arbitrator shall be rendered promptly and , unless otherwise agreed to by the parties , no later than fourteen ( 14 ) days from the date of closing the hearings, with five ( 5 ) additional days for mailing if posthearing briefs are requested by either party . The intended change shall not be instituted during the pendency of any arbitration proceedings under this subparagraph ( c ) . ( 5 ) ( d ) If an intended change within the purview of this paragraph ( 5 ) is instituted before an implementing agreement is reached or a final arbitration decision is rendered pursuant to subparagraph ( b ) , all employees affected shall be kept financially whole, as if the noticed and implemented action has not taken place, from the time they are affected until the effective date of an implementing agreement or final arbitration decision . This protection shall be in addition to the protective period defined in paragraph ( 14 ) of this arrangement, which period shall begin on the effective date of the implementing agreement or final arbitration decision rendered pursuant to subparagraph ( b ) . An employee selecting, bidding on , or hired to fill any position established as a result of a noticed and implemented action prior to the consummation of an implementing agreement or final arbitration decision shall accumulate no benefits under this arrangement as a result thereof during that period prior to the consummation of an implementing agreement or final arbitration decision pursuant to subparagraph ( b ) . ( 6 ) ( a ) Whenever an employee , retained in service , recalled to service , or employed by the Recipient pursuant to paragraphs ( 5 ) , ( 7 ) ( e ) , or ( 18 ) hereof is placed in a worse position with respect to compensation as a result of the Project, the employee shall be considered a " displaced employee " , and shall be paid a monthly " displacement allowance " to be determined in accordance with this paragraph . Said displacement allowance shall be paid each displaced employee during the protective period so long as the employee is unable , in the exercise of his/ her seniority rights , to obtain a position producing compensation equal to or exceeding the compensation the employee received in the position from which the 4 NCDOT-EV D March 5 , 2024