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Agenda - 12-07-1999 - 7a
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Agenda - 12-07-1999 - 7a
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Last modified
4/18/2013 2:28:37 PM
Creation date
9/18/2008 3:35:17 PM
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BOCC
Date
12/7/1999
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
7a
Document Relationships
Minutes - 19991207
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Path:
\Board of County Commissioners\Minutes - Approved\1990's\1999
RES-1999-077 Resolution for Applicant Seeking Permission to Apply for CTP Funding
(Linked From)
Path:
\Board of County Commissioners\Resolutions\1990-1999\1999
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FY 2001 Community Transportation Program (CTP) Grant Application 16 <br />Section 6 <br />terms and conditions set forth herein for the protection of employees. The Recipient shall <br />maintain and keep on file all relevant books and records in sufficient detail as to provide the <br />basic information necessary to the proper application, administration, and enforcement of <br />these arrangements and to the proper determination of any claims arising thereunder. <br />(9) Any labor organization which is the collective bargaining representative of employees <br />covered by these arrangements, may become a party to these arrangements by serving written <br />notice its desire to do so upon the Recipient and the Department of Labor. In the event of any <br />disagreement that such labor organization represents covered employees, or is otherwise <br />eligible to become a party to these arrangements, as applied to the Project, the dispute as to <br />whether such organization shall participate shall be determined by the Secretary of Labor. <br />(10) In the event the Project is approved for assistance under the Act, the foregoing terms and <br />conditions shall be made part of the contract of assistance between the federal government and <br />the Public Body or Recipient of federal funds; provided, however, that this arrangement shall <br />not merge into the contract of assistance, but shall be independently binding and enforceable <br />by and upon the parties thereto, and by any covered employee or his representative, in <br />accordance with its terms, nor shall any other employee protective agreement merge into this <br />arrangement, but each shall be independently binding and enforceable by and upon the parties <br />thereto, in accordance with its terms. <br />C. Waiver <br />As a part of the grant approval process, either the Recipient or other legally responsible party <br />designated by the Public Body may in writing seek from the Secretary of Labor a waiver of the <br />statutory required protections. The Secretary will waive these protections in cases, where at <br />the time of the requested waiver, the Secretary determines that there are no employees of the <br />Recipient orof any other surface public transportation providers in the transportation service <br />area who could be potentially affected by the Project. A thirty (30) day notice of proposed <br />waiver will be given by the Department of Labor and in the absence of timely objection, the <br />waiver will become final at the end of the thirty (30) day notice period. In the event of timely <br />objection, the Department of Labor will review the matter and determine whether a waiver <br />shall be granted. On the absence of waiver, these protections shall apply to the Project. <br />...................................................................................................... ............................... . <br />Notes: <br />* Such protective arrangements shall include, without being limited to such provisions as <br />may be necessary for (1) the preservation of rights, privileges, and benefits (including <br />continuation of pension rights and benefits) -under existing collective bargaining agreements <br />or otherwise; (2) the continuation of collective bargaining rights; (3) the protection of <br />individual employees against a worsening of their positions with respect to their employment; <br />(4) assurances of employment to employees of acquired mass transportation systems and <br />priority of reemployment of employees terminated or laid off; and (5) paid training and <br />10/18/99 NCDOT -PTD <br />
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