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