Orange County NC Website
Browse       Search
FY 2025 Special Section 5333 (b ) Warranty <br /> employee was displaced , adjusted to reflect subsequent general wage adjustments, <br /> including cost of living adjustments where provided for . <br /> ( 6 ) ( b ) The displacement allowance shall be a monthly allowance determined by computing <br /> the total compensation received by the employee, including vacation allowances and <br /> monthly compensation guarantees, and his/her total time paid for during the last twelve <br /> ( 12 ) months in which the employee performed compensated service more than fifty per <br /> centum of each such months, based upon the employee ' s normal work schedule , <br /> immediately preceding the date of his/her displacement as a result of the Project, and by <br /> dividing separately the total compensation and the total time paid for by twelve, thereby <br /> producing the average monthly compensation and the average monthly time paid for . Such <br /> allowance shall be adjusted to reflect subsequent general wage adjustments , including cost <br /> of living adjustments where provided for . If the displaced employee ' s compensation in <br /> his/her current position is less in any month during his/ her protective period than the <br /> aforesaid average compensation ( adjusted to reflect subsequent general wage adjustments, <br /> including cost of living adjustments where provided for) , the employee shall be paid the <br /> difference, less compensation for any time lost on account of voluntary absences to the <br /> extent that the employee is not available for service equivalent to his/ her average monthly <br /> time, but the employee shall be compensated in addition thereto at the rate of the current <br /> position for any time worked in excess of the average monthly time paid for . If a displaced <br /> employee fails to exercise his/her seniority rights to secure another position to which the <br /> employee is entitled under the then existing collective bargaining agreement, and which <br /> carries a wage rate and compensation exceeding that of the position which the employee <br /> elects to retain , the employee shall thereafter be treated , for the purposes of this paragraph , <br /> as occupying the position the employee elects to decline . <br /> ( 6 ) ( c ) The displacement allowance shall cease prior to the expiration of the protective period <br /> in the event of the displaced employee ' s resignation , death , retirement, or dismissal for <br /> cause in accordance with any labor agreement applicable to his/her employment . <br /> 5 <br /> NCDOT4MD <br /> March 5 , 2024 <br />