Office of Labor-Management Standards (OLMS)

Printer-Friendly Version

Compliance Assistance — Employee Protections Under the Federal Transit Law, 49 U.S.C. § 5333(b) (formerly identified as Section 13(c) of the Federal Transit Act)

• The Law
• The Regulations

Quick Links Links to ESA compliance resources: ESA Compliance Assistance Page OLMS Compliance Assistance Page Links to other Departmental compliance resources: Compliance Assistance Summary of Major DOL Laws Compliance Tools Employment Law Guide

Synopsis of Law

An employer who receives Federal mass transit funds must protect all covered mass transit employees affected by the use of the Federal money. The Department of Labor must approve the arragements made to protect these employees. For covered employees the arrangements include:

• preserving their rights and benefits;
• continuing their collective bargaining rights;
• protecting them against a worsening of their employment conditions;
• assuring jobs for employees of acquired mass transit systems;
• providing priority of reemployment if the employee is laid off or his job is eliminated; and
• providing paid training.

Compliance Assistance Materials

• Factsheet- Urban Transit Grants Under Section 5333(b) HTML | PDF
• Hoja informativa: Protecciones para los empleados de tránsito, en virtud de la Sección 5333 b) del Programa Urbano (PDF)
• Factsheet- Small Urban and Rural Transit Grants under 49 U.S.C. Section 5311 (formerly Section 18 of the Federal Transit Act) HTML | PDF
• Checklist and Instructions for How to Obtain Application of the Special Warranty Agreement for Other Than Urbanized and Over-the-Road Bus Accessibility Grants HTML | PDF
• Checklist and Instructions for How to Obtain DOL Certification for Urban Transit Grants HTML | PDF
• Sample Format for OTU and OTRB Recipients to Provide Labor Information HTML | PDF

Sample Protective Arrangements - Protective Terms

• Unified Protective Arrangement HTML | PDF
• The National (Model) Agreement
• Special Warranty for the Small Urban and Rural Program and the Over-the-Road-Bus-Program HTML | PDF
• Non-union Arrangement HTML| PDF
• Appendix C-1 (4056) Rail Passenger Service Act of 1970) HTML | PDF
• Hodgson Affidavit HTML | PDF
• Las Vegas Certification HTML | PDF
• Las Vegas Clarification HTML | PDF

Questions & Answers

• What is Section 13(c)?
• What Employee Protections does Section 13(c) require?
• Does Section 13(c) guarantee continued employment with a transit provider?
• Does Section 13(c) confer collective bargaining rights upon transit employees?
• How are these employee protections developed?
• More...

We Want to Know What You Think

Do you have comments or suggestions about the material offered here? Please take the DOL Customer Survey (via the link at the bottom of this page), or email OLMS directly at olms-public@dol.gov with any comments, suggestions, or concerns.

Last Updated: 09/25/08