49 U.S.C. § 5333 : US Code - Section 5333: Labor standards

Search 49 U.S.C. § 5333 : US Code - Section 5333: Labor standards

(a) Prevailing Wages Requirement. - The Secretary of
Transportation shall ensure that laborers and mechanics employed by
contractors and subcontractors in construction work financed with a
grant or loan under this chapter be paid wages not less than those
prevailing on similar construction in the locality, as determined
by the Secretary of Labor under sections 3141-3144, 3146, and 3147
of title 40. The Secretary of Transportation may approve a grant or
loan only after being assured that required labor standards will be
maintained on the construction work. For a labor standard under
this subsection, the Secretary of Labor has the same duties and
powers stated in Reorganization Plan No. 14 of 1950 (eff. May 24,
1950, 64 Stat. 1267) and section 3145 of title 40.
(b) Employee Protective Arrangements. - (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 -
(A) the preservation of rights, privileges, and benefits
(including continuation of pension rights and benefits) under
existing collective bargaining agreements or otherwise;
(B) the continuation of collective bargaining rights;
(C) the protection of individual employees against a worsening
of their positions related to employment;
(D) assurances of employment to employees of acquired public
transportation systems;
(E) assurances of priority of reemployment of employees whose
employment is ended or who are laid off; and
(F) 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, as
clarified by the supplemental ruling of November 7, 1994, 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.