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FY 2025 Special Section 5333 (b ) Warranty <br /> ( 15 ) ( d ) In the event of any dispute as to whether or not a particular employee was affected <br /> by the Project, it shall be the obligation of the employee or the representative of the <br /> employee to identify the Project and specify the pertinent facts of the Project relied upon . It <br /> shall then be the burden of the Recipient to prove that factors other than the Project <br /> affected the employee . The claiming employee shall prevail if it is established that the <br /> Project had an effect upon the employee even if other factors may also have affected the <br /> employee . (See Hodgson ' s Affidavit in Civil Action No . 825 - 71 ) . <br /> ( 16 ) The Recipient will be financially responsible for the application of these conditions and <br /> will make the necessary arrangements so that any employee covered by this arrangement <br /> may file a written claim of its violation , through the Union , or directly if the employee is <br /> outside the bargaining unit, with the Recipient within sixty ( 60 ) days of the date the <br /> employee is terminated or laid off as a result of the Project, or within eighteen ( 18 ) months <br /> of the date the employee ' s position with respect to his/ her employment is otherwise <br /> worsened as a result of the Project . In the latter case, if the events giving rise to the claim <br /> have occurred over an extended period , the 1 & month limitation shall be measured from the <br /> last such event . No benefits shall be payable for any period prior to six ( 6 ) months from the <br /> date of the filing of any claim . Unless such claims are filed with the Recipient within said time <br /> limitations, the Recipient shall thereafter be relieved of all liabilities and obligations related <br /> to the claim . <br /> The Recipient will fully honor the claim , making appropriate payments , or will give notice to <br /> the claimant or his/ her representative of the basis for denying or modifying such claim , <br /> giving reasons, therefore . If the Recipient fails to honor such claim , the Union or non - <br /> bargaining unit employee may invoke the following procedures for further joint investigation <br /> of the claim by giving notice in writing . Within ten ( 10 ) days from the receipt of such notice, <br /> the parties shall exchange such factual material as may be requested of them relevant to the <br /> disposition of the claim and shall jointly take such steps as may be necessary or desirable to <br /> obtain from any third party such additional factual materials as may be relevant . In the event <br /> the Recipient rejects the claim , the claim may be processed to arbitration as hereinabove <br /> provided by paragraph ( 15 ) . <br /> ( 17 ) Nothing in this arrangement shall be construed as depriving any employee of any rights <br /> or benefits which such employee may have under existing employment or collective <br /> bargaining agreements or otherwise ; provided that there shall be no duplication of benefits <br /> to any employee , and , provided further, that any benefit under this arrangement shall be <br /> construed to include the conditions, responsibilities, and obligations accompanying such <br /> benefit . This arrangement shall not be deemed a waiver of any rights of any Union or of any <br /> represented employee derived from any other agreement or provision of federal , state or <br /> local law . <br /> 13 <br /> NCDOT4MD <br /> March 5 , 2024 <br />