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Wednesday, May 9, 2012

What is Federal regulation 13-C?

Office of Labor-Management Standards (OLMS)

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Public Transit Employee Protections
49 U.S.C. 5333(b) (also known as Section 13(c) of the Federal Transit Act)
(1) As a condition of financial assistance under sections 5307-5312, 5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, and 5338(b) of this title, the interests of employees affected by the assistance shall be protected under arrangements the Secretary of Labor concludes are fair and equitable. The agreement granting the assistance under sections 5307-5312, 5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, and 5338(b) shall specify the arrangements.
(2) Arrangements under this subsection shall include provisions that may be necessary for--
  • the preservation of rights, privileges, and benefits (including continuation of pension rights and benefits) under existing collective bargaining agreements or otherwise;
  • the continuation of collective bargaining rights;
  • the protection of individual employees against a worsening of their positions related to employment;
  • assurances of employment to employees of acquired public transportation systems;
  • assurances of priority of reemployment of employees whose employment is ended or who are laid off; and
  • paid training or retraining programs.
(3) Arrangements under this subsection shall provide benefits at least equal to benefits established under section 11326 of this title.
(4) Fair and equitable arrangements to protect the interests of employees utilized by the Secretary of Labor for assistance to purchase like-kind equipment or facilities, and grant amendments which do not materially revise or amend existing assistance agreements, shall be certified without referral.
(5) When the Secretary is called upon to issue fair and equitable determinations involving assurances of employment when one private transit bus service contractor replaces another through competitive bidding, such decisions shall be based on the principles set forth in the Department of Labor's decision of September 21, 1994 (HTML) (PDF), as clarified by the supplemental ruling of November 7, 1994 (HTML) (PDF), with respect to grant NV-90-X021. This paragraph shall not serve as a basis for objections under section 215.3(d) of title 29, Code of Federal Regulations.
 U.S. Department of Labor — Office of Labor-Management Standards (OLMS) — Public Transit Employee Protections

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