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FY 2025 Special Section 5333 (b) Warranty 18
<br /> of assistance, but shall be independently binding and enforceable by and upon the parties
<br /> thereto, and by any covered employee or his/her representative, in accordance with its
<br /> terms, nor shall any other employee protective agreement merge into this arrangement, but
<br /> each shall be independently binding and enforceable by and upon the parties thereto, in
<br /> accordance with its terms.
<br /> (21) This arrangement shall be binding upon the successors and assigns of the parties hereto,
<br /> and no provisions, terms, or obligations herein contained shall be affected, modified,
<br /> altered, or changed in any respect whatsoever by reason of the arrangements made by or
<br /> for the Recipient to manage and operate the system.
<br /> Any person, enterprise, body, or agency, whether publicly - or privately-owned, which shall
<br /> undertake the management, provision and/or operation of the Project services or the
<br /> Recipient's transit system, or any part or portion thereof, under contractual arrangements of
<br /> any form with the Recipient, its successors or assigns, shall agree to be bound by the terms
<br /> of this arrangement and accept the responsibility with the Recipient for full performance of
<br /> these conditions. As a condition precedent to any such contractual arrangements, the
<br /> Recipient shall require such person, enterprise, body or agency to so agree.
<br /> (22) In the event of the acquisition, assisted with Federal funds, of any transportation system
<br /> or services, or any part or portion thereof, the employees of the acquired entity shall be
<br /> assured employment, in comparable positions, within the jurisdiction and control of the
<br /> acquiring entity, including positions in the employment of any entity bound by this
<br /> arrangement pursuant to paragraph (21). All persons employed under the provisions of this
<br /> paragraph shall be appointed to such comparable positions without examination, other than
<br /> that required by applicable federal, state or federal law or collective bargaining agreement,
<br /> and shall be credited with their years of service for purposes of seniority, vacations, and
<br /> pensions in accordance with the records of their former employer and/or any applicable
<br /> collective bargaining agreements.
<br /> (23) The employees covered by this arrangement shall continue to receive any applicable
<br /> coverage under Social Security, Railroad Retirement, Workmen's Compensation,
<br /> unemployment compensation, and the like. In no event shall these benefits be worsened as
<br /> a result of the Project.
<br /> (24) In the event any provision of this arrangement is held to be invalid, or otherwise
<br /> unenforceable under the federal, state, or local law, in the context of a particular Project,
<br /> the remaining provisions of this arrangement shall not be affected and the invalid or
<br /> unenforceable provision shall be renegotiated by the Recipient and the interested Union
<br /> representatives, if any, of the employees involved for purpose of adequate replacement
<br /> under Section 5333(b). If such negotiation shall not result in mutually satisfactory agreement
<br /> any party may invoke the jurisdiction of the Secretary of Labor to determine substitute fair
<br /> and equitable employee protective arrangements for application only to the particular
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<br /> NCDOT-IMD
<br /> March 5,2024
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