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As between employees who request employment pursuant to this paragraph, the following order
<br /> where applicable shall prevail in hiring such employees:
<br /> (a) Employees in the craft or class of the vacancy shall be given priority over employees
<br /> without seniority in such craft or class;
<br /> (b) As between employees having seniority in the craft or class of the vacancy, the senior
<br /> employees, based upon their service in that craft or class, as shown on the appropriate seniority
<br /> roster, shall prevail over junior employees;
<br /> (c) As between employees not having seniority in the craft or class of the vacancy, the senior
<br /> employees, based upon their service in the crafts or classes in which they do have seniority as
<br /> shown on the appropriate seniority rosters, shall prevail over junior employees.
<br /> (19) The Recipient will post, in a prominent and accessible place, a notice stating that the
<br /> Recipient has received federal assistance under the Federal Transit statute and has agreed to
<br /> comply with the provisions of 49 U.S.C., Section 5333(b). This notice shall also specify the terms
<br /> and conditions set forth herein for the protection of employees. The Recipient shall maintain and
<br /> keep on file all relevant books and records in sufficient detail as to provide the basic information
<br /> necessary to the proper application, administration, and enforcement of this arrangement and to
<br /> the proper determination of any claims arising thereunder.
<br /> (20) In the event the Project is approved for assistance under the statute, the foregoing terms
<br /> and conditions shall be made part of the contract of assistance between the federal government and
<br /> the applicant for federal funds and between the applicant and any recipient of federal funds;
<br /> provided, however, that this arrangement shall not merge into the contract of assistance, but shall
<br /> be independently binding and enforceable by and upon the parties thereto, and by any covered
<br /> employee or his/her representative, in accordance with its terms, nor shall any other employee
<br /> protective agreement merge into this arrangement, but each shall be independently binding and
<br /> enforceable by and upon the parties thereto, in accordance with its terms.
<br /> (21) This arrangement shall be binding upon the successors and assigns of the parties hereto,
<br /> and no provisions, terms, or obligations herein contained shall be affected, modified, altered, or
<br /> changed in any respect whatsoever by reason of the arrangements made by or for the Recipient to
<br /> manage and operate the system.
<br /> Any person, enterprise, body, or agency, whether publicly - or privately-owned, which shall
<br /> undertake the management, provision and/or operation of the Project services or the Recipient's
<br /> transit system, or any part or portion thereof,under contractual arrangements of any form with the
<br /> Recipient, its successors or assigns, shall agree to be bound by the terms of this arrangement and
<br /> accept the responsibility with the Recipient for full performance of these conditions.As a condition
<br /> precedent to any such contractual arrangements,the Recipient shall require such person,enterprise,
<br /> body or agency to so agree.
<br /> (22) In the event of the acquisition, assisted with Federal funds, of any transportation system or
<br /> services, or any part or portion thereof, the employees of the acquired entity shall be assured
<br /> employment, in comparable positions, within the jurisdiction and control of the acquiring entity,
<br /> including positions in the employment of any entity bound by this arrangement pursuant to
<br /> paragraph(21). All persons employed under the provisions of this paragraph shall be appointed to
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