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FY 2025 Special Section 5333 (b ) Warranty <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 /> NCDOT4MD <br /> March 5 , 2024 <br />