OTHER-2025-067-Attachment 2 FY 26 and FY 27 Transit Grant Certifications and Pre-Application Documents

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FY 2025 Special Section 5333 (b ) Warranty predecessor, Section 5 ( 2 ) ( f) of the Interstate Commerce Act, as amended ) . If the Recipient demonstrates, as a threshold matter in any such arbitration , that the intended action is a trackage rights, lease proceeding or similar transaction , and not a merger, acquisition , consolidation , or other similar transaction , the burden shall then shift to the involved labor organization ( s ) to prove that under the standards and criteria referenced above, the intended action should not be permitted to be instituted prior to the effective date of a negotiated or arbitrated implementing agreement . If the Recipient fails to demonstrate that the intended action is a trackage rights, lease proceeding, or similar transaction , it shall be the burden of the Recipient to prove that under the standards and criteria referenced above , the intended action should be permitted to be instituted prior to the effective date of a negotiated or arbitrated implementing agreement . For purposes of any such arbitration , the time period within which the parties are to respond to the list of potential arbitrators submitted by the American Arbitration Association Service shall be five ( 5 ) days, the notice of hearing may be given orally or by facsimile, the hearing will be held promptly, the award of the arbitrator shall be rendered promptly and , unless otherwise agreed to by the parties, no later than fourteen ( 14 ) days from the date of closing the hearings , with five ( 5 ) additional days for mailing if posthearing briefs are requested by either party . The intended change shall not be instituted during the pendency of any arbitration proceedings under this subparagraph ( c ) . ( 5 ) ( d ) If an intended change within the purview of this paragraph ( 5 ) is instituted before an implementing agreement is reached or a final arbitration decision is rendered pursuant to subparagraph ( b ) , all employees affected shall be kept financially whole , as if the noticed and implemented action has not taken place, from the time they are affected until the effective date of an implementing agreement or final arbitration decision . This protection shall be in addition to the protective period defined in paragraph ( 14 ) of this arrangement, which period shall begin on the effective date of the implementing agreement or final arbitration decision rendered pursuant to subparagraph ( b ) . An employee selecting, bidding on , or hired to fill any position established as a result of a noticed and implemented action prior to the consummation of an implementing agreement or final arbitration decision shall accumulate no benefits under this arrangement as a result thereof during that period prior to the consummation of an implementing agreement or final arbitration decision pursuant to subparagraph ( b ) . ( 6 ) ( a ) Whenever an employee, retained in service , recalled to service, or employed by the Recipient pursuant to paragraphs ( 5 ) , ( 7 ) ( e ) , or ( 18 ) hereof is placed in a worse position with respect to compensation as a result of the Project, the employee shall be considered a " displaced employee " , and shall be paid a monthly " displacement allowance " to be determined in accordance with this paragraph . Said displacement allowance shall be paid each displaced employee during the protective period so long as the employee is unable , in the exercise of his/her seniority rights, to obtain a position producing compensation equal to or exceeding the compensation the employee received in the position from which the 4 NCDOT4MD March 5 , 2024