Federal Transit Employee Protection Certifications: Office of Labor-Management Standards

Pursuant to section 5333(b) of 49 U.S.C., the Department must certify that, as a condition of certain grants of Federal financial assistance, fair and equitable labor protective provisions are in place to protect the interests of employees affected by such Federal assistance.

These arrangements
must be approved by the Department of Labor (DOL) before the Department of Transportation s Federal Transit Administration (FTA) can release funds to grantees.

Agency - Department of Labor

The Department of Labor fosters and promotes the welfare of job seekers, wage earners and retirees by improving their working conditions, advancing their opportunities, protecting their retirement and health benefits and generally protecting worker rights and monitoring national economic measures.

Website Address

http://www.dol.gov



Program Accomplishments

Fiscal Year 2008: OLMS/DSP issued 2368 certifications to the DOT, FTA in FY-08. As a result of ARRA funding the DOL expects to process for certification an additional 800-1000 grants. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

Uses and Use Restrictions

Assistance will be used for transit capital improvements, improvements to fixed-guideway systems, and new and small start programs.

Applicants eligibility is determined by the DOT, FTA.

Eligibility Requirements

Applicant Eligibility

Anyone/general public: Consumer Protection

Beneficiary Eligibility

Anyone/general public

Credentials/Documentation

No Credentials or documentation are required. This program is excluded from coverage under OMB Circular No. A-87.

Aplication and Award Process

Preapplication Coordination

Application process is regulated by DOT, FTA.

Environmental impact information is not required for this program.

This program is excluded from coverage under E.O.

12372.

Application Procedures

This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. The grant is submitted to DOL, FTA. The FTA then forwards the application to DOL, Office of Labor Management Standards (OLMS), Division of Statutory Programs (DSP) for review and certification of employee protections.

Award Procedures

Pursuant to the Guidelines, DOL refers for review the grant application received from FTA and the proposed terms and conditions to unions representing transit employees in the service area of the project and to the applicant and/or recipient. No referral is made if the application falls under one of the following exceptions: (1) employees in the service area are not represented by a union; (2) the grant is for routine replacement items, (3) the grant amends a previous grant in a manner that is not material, (4) the grant is for a Job Access project serving populations less than 200,000; (5) the grant capitalizes a State Infrastructure Bank account; or (6) the grant is for the Over-the-Road Bus or Other Than Urbanized program. When a grant application is referred to the parties, DOL recommends the terms and conditions to serve as the basis for certification. The parties have 15 days to inform DOL of any objections to the recommended terms including reasons for such objections. If no objections are registered, or if objections are found not sufficient, DOL certifies the project on the basis of the recommended terms. If DOL determines that the objections are sufficient, the parties are directed to negotiate for up to 30 days, limited to issues defined by DOL. If the parties are unable to reach agreement within 30 days, DOL will review the final proposals and issue an interim certification permitting FTA to release funds, provided that no action is taken relating to the issues in dispute that would irreparably harm employees. Following the interim certification, the parties may continue negotiations. If they are unable to reach agreement, DOL sets the terms for Final Certification within 60 days. DOL may request briefs on the issues in dispute before issuing the final certification. Employees who believe they have been adversely affected as a result of Federal transit assistance may file claims under the procedures set forth in the protective arrangements certified by DOL. DOL transmits certification letter containing protective terms to be applied to the grant application to FTA, thereby allowing the release of assistance to grantees.

Deadlines

Jul 01, 2009 to Nov 30, -0001 The DOT, FTA has encouraged grantees to submit applications to them by July 1, 2009.

Authorization

American Recovery and Reinvestment Act of 2009, Public Law 111-5.

Range of Approval/Disapproval Time

From 30 to 60 days. Regarding DOL s certification process, the DOL has 60 days from the day processing is initiated, by DOL, to certify protective arrangements.

Appeals

Not Applicable.

Renewals

Not Applicable.

Assistance Considerations

Formula and Matching Requirements

This program has no statutory formula.This program has no matching requirements. This program does not have MOE requirements.

Length and Time Phasing of Assistance

None. See the following for information on how assistance is awarded/released: None.

Post Assistance Requirements

Reports

Audits

No audits are required for this program.

Records

None.

Financial Information

Account Identification

16-0105-0-1-505 - Treasury Appropriation Fund Symbol (TAFS) is 16 09/10 0105.

Obigations

(Project Grants) FY 08 $0; FY 09 est $391,000; FY 10 est $190,000

Range and Average of Financial Assistance

None.

Regulations, Guidelines, and Literature

49 U.S.C. 5333(b) and 215 CFR.

Information Contacts

Regional or Local Office

None.

Headquarters Office

Office of Labor-Management Standards Division of Statutory Programs, 200 Constitution Avenue NW, Room N-5122, Washington 20210 Phone: (202) 693-0126

Criteria for Selecting Proposals

Not Applicable.



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Edited by: Michael Saunders

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