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FY 2025 Special Section 5333 (b) Warranty 5 <br /> any economies or efficiencies unrelated to the Project) are not within the purview of this <br /> arrangement. <br /> An employee covered by this arrangement, who is not dismissed, displaced or otherwise <br /> worsened in his/her position with regard to employment as a result of the Project, but who <br /> is dismissed, displaced or otherwise worsened solely because of the total or partial <br /> termination of the Project or exhaustion of Project funding shall not be deemed eligible for a <br /> dismissal or displacement allowance within the meaning of paragraphs (6) and (7) of this <br /> arrangement. <br /> (2) Where employees of a Recipient are represented for collective bargaining purposes, all <br /> Project services provided by that Recipient shall be provided under and in accordance with <br /> any collective bargaining agreement applicable to such employees which is then in effect. <br /> This Arrangement does not create any collective bargaining relationship where one does not <br /> already exist or between any Recipient and the employees of another employer. Where the <br /> Recipient has no collective bargaining relationship with the Unions representing employees <br /> in the service area, the Recipient will not take any action which impairs or interferes with the <br /> rights, privileges, and benefits and/or the preservation or continuation of the collective <br /> bargaining rights of such employees. <br /> (3) All rights, privileges, and benefits (including pension rights and benefits) of employees <br /> covered by this arrangement (including employees having already retired) under existing <br /> collective bargaining agreements or otherwise, or under any revision or renewal thereof, <br /> shall be preserved and continued; provided, however, that such rights, privileges and <br /> benefits which are not foreclosed from further bargaining under applicable law or contract <br /> may be modified by collective bargaining and agreement by the Recipient and the Union <br /> involved to substitute other rights, privileges and benefits. Unless otherwise provided, <br /> nothing in this arrangement shall be deemed to restrict any rights the Recipient may <br /> otherwise have to direct the working forces and manage its business as it deemed best, in <br /> accordance with the applicable collective bargaining agreement. <br /> (4) The collective bargaining rights of employees covered by this arrangement, including the <br /> right to arbitrate labor disputes and to maintain union security and checkoff arrangements, <br /> as provided by applicable laws, policies and/or existing collective bargaining agreements, <br /> shall be preserved and continued. Provided, however, that this provision shall not be <br /> interpreted so as to require the Recipient to retain any such rights which exist by virtue of a <br /> collective bargaining agreement after such agreement is no longer in effect. <br /> 2 <br /> NCDOT-IMD <br /> March 5,2024 <br />