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Abstract:The Transportation Equity Act for the 21st Century (TEA-21)
authorized about $42 billion for transit programs for fiscal years 1998 through 2003. Funds are provided through grants to states and local/regional transportation authorities for the construction, acquisition, improvement, and operation of transit systems. But before the Department of Transportation?s Federal Transit Administration (FTA) can release funds to grant applicants, the Department of Labor (DOL) must certify that adequate arrangements (commonly called ?section 13(c) arrangements?) are in place to protect the interests of employees affected by the assistance. Labor protection
requirements were included in the 1964 Urban Mass Transportation Act to protect employees who might be adversely affected by industry changes resulting from federal assistance, specifically through technological advances or the transfer of transit operations from private companies to the public sector. The provisions were not
designed to improve the positions of transit employees, but to protect against a worsening of their positions and preserve existing rights and benefits. Among other things, labor protection arrangements are required to include provisions for continuing collective bargaining rights. As part of the certification process, DOL sends recommended labor protection terms and conditions to relevant union organizations and the grant applicants for their review.
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