(a) The purpose of these guidelines is to provide information
concerning the Department of Labor's administrative procedures in
processing applications for assistance under the Federal Transit law, as
codified at 49 U.S.C. chapter 53.
(b) Section 5333(b) of title 49 of the United States Code reads as
follows:
Employee protective arrangements.--(1) As a condition of financial
assistance under sections 5307-5312, 5318(d), 5323 (a)(1), (b), (d), and
(e), 5328, 5337, and 5338(j)(5) 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, 5318(d),
5323 (a)(1), (b), (d), and (e), 5328, 5337, and 5338(j)(5) 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 mass
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 11347 of this title.
