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arrange for such agreements to be entered into, relative to all subjects which are or may be proper <br /> subjects of collective bargaining. If, at any time, applicable law or contracts permit or grant to <br /> employees covered by this arrangement the right to utilize any economic measures,nothing in this <br /> arrangement shall be deemed to foreclose the exercise of such right. <br /> (5)(a) The Recipient shall provide to all affected employees sixty (60) days' notice of intended <br /> actions which may result in displacements or dismissals or rearrangements of the working forces <br /> as a result of the Project. In the case of employees represented by a Union, such notice shall be <br /> provided by certified mail through their representatives. The notice shall contain a full and <br /> adequate statement of the proposed changes, and an estimate of the number of employees affected <br /> by the intended changes,and the number and classifications of any jobs within the jurisdiction and <br /> control of the Recipient, including those in the employment of any entity bound by this <br /> arrangement pursuant to paragraph (21), available to be filled by such affected employees. <br /> (5)(b) The procedures of this subparagraph shall apply to cases where notices involve employees <br /> represented by a Union for collective bargaining purposes. At the request of either the Recipient <br /> or the representatives of such employees,negotiations for the purposes of reaching agreement with <br /> respect to the application of the terms and conditions of this arrangement shall commence <br /> immediately. These negotiations shall include determining the selection of forces from among the <br /> mass transportation employees who may be affected as a result of the Project, to establish which <br /> such employees shall be offered employment for which they are qualified or can be trained. If no <br /> agreement is reached within twenty (20) days from the commencement of negotiations, any party <br /> to the dispute may submit the matter to dispute settlement procedures in accordance with paragraph <br /> (15) of this arrangement. <br /> Unless the parties otherwise mutually agree in writing,no change in operations, services, facilities <br /> or equipment within the purview of this paragraph(5)shall occur until after either: 1)an agreement <br /> with respect to the application of the terms and conditions of this arrangement to the intended <br /> change(s) is reached; 2) the decision of the arbitrator has been rendered pursuant to this <br /> subparagraph (b); or 3) an arbitrator selected pursuant to Paragraph (15) of this arrangement <br /> determines that the intended change(s) may be instituted prior to the finalization of implementing <br /> arrangements. <br /> (5)(c) In the event of a dispute as to whether an intended change within the purview of this <br /> paragraph(5) may be instituted at the end of the 60-day notice period and before an implementing <br /> agreement is reached or a final arbitration decision is rendered pursuant to subparagraph (b), any <br /> involved party may immediately submit that issue to arbitration under paragraph (15) of this <br /> arrangement. In any such arbitration, the arbitrator shall rely upon the standards and criteria <br /> utilized by the Surface Transportation Board(and its predecessor agency,the Interstate Commerce <br /> Commission) to address the "preconsummation" issue in cases involving employee protections <br /> pursuant to 49 U.S.C. Section 11326(or its predecessor,Section 5(2)(f)of the Interstate Commerce <br /> Act, as amended). If the Recipient demonstrates,as a threshold matter in any such arbitration,that <br /> the intended action is a trackage rights, lease proceeding or similar transaction, and not a merger, <br /> acquisition, consolidation, or other similar transaction, the burden shall then shift to the involved <br /> labor organization(s)to prove that under the standards and criteria referenced above, the intended <br /> action should not be permitted to be instituted prior to the effective date of a negotiated or <br /> arbitrated implementing agreement. If the Recipient fails to demonstrate that the intended action <br /> is a trackage rights, lease proceeding, or similar <br />