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FY 2025 Special Section 5333 (b) Warranty 7 <br /> predecessor, Section 5(2)(f) of the Interstate Commerce Act, as amended). If the Recipient <br /> demonstrates, as a threshold matter in any such arbitration, that the intended action is a <br /> trackage rights, lease proceeding or similar transaction, and not a merger, acquisition, <br /> consolidation, or other similar transaction, the burden shall then shift to the involved labor <br /> organization(s) to prove that under the standards and criteria referenced above, the <br /> intended action should not be permitted to be instituted prior to the effective date of a <br /> negotiated or arbitrated implementing agreement. If the Recipient fails to demonstrate that <br /> the intended action is a trackage rights, lease proceeding, or similar transaction, it shall be <br /> the burden of the Recipient to prove that under the standards and criteria referenced above, <br /> the intended action should be permitted to be instituted prior to the effective date of a <br /> negotiated or arbitrated implementing agreement. For purposes of any such arbitration, the <br /> time period within which the parties are to respond to the list of potential arbitrators <br /> submitted by the American Arbitration Association Service shall be five (5) days, the notice <br /> of hearing may be given orally or by facsimile, the hearing will be held promptly, the award <br /> of the arbitrator shall be rendered promptly and, unless otherwise agreed to by the parties, <br /> no later than fourteen (14) days from the date of closing the hearings, with five (5) <br /> additional days for mailing if posthearing briefs are requested by either party. The intended <br /> change shall not be instituted during the pendency of any arbitration proceedings under this <br /> subparagraph (c). <br /> (5)(d) If an intended change within the purview of this paragraph (5) is instituted before an <br /> implementing agreement is reached or a final arbitration decision is rendered pursuant to <br /> subparagraph (b), all employees affected shall be kept financially whole, as if the noticed and <br /> implemented action has not taken place, from the time they are affected until the effective <br /> date of an implementing agreement or final arbitration decision. This protection shall be in <br /> addition to the protective period defined in paragraph (14) of this arrangement, which <br /> period shall begin on the effective date of the implementing agreement or final arbitration <br /> decision rendered pursuant to subparagraph (b). <br /> An employee selecting, bidding on, or hired to fill any position established as a result of a <br /> noticed and implemented action prior to the consummation of an implementing agreement <br /> or final arbitration decision shall accumulate no benefits under this arrangement as a result <br /> thereof during that period prior to the consummation of an implementing agreement or <br /> final arbitration decision pursuant to subparagraph (b). <br /> (6)(a) Whenever an employee, retained in service, recalled to service, or employed by the <br /> Recipient pursuant to paragraphs (5), (7)(e), or (18) hereof is placed in a worse position with <br /> respect to compensation as a result of the Project, the employee shall be considered a <br /> "displaced employee", and shall be paid a monthly "displacement allowance" to be <br /> determined in accordance with this paragraph. Said displacement allowance shall be paid <br /> each displaced employee during the protective period so long as the employee is unable, in <br /> the exercise of his/her seniority rights, to obtain a position producing compensation equal to <br /> or exceeding the compensation the employee received in the position from which the <br /> 4 <br /> NCDOT-IMD <br /> March 5,2024 <br />