R2002-95 AUTHORIZING AN AGREEMENT

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-3- The terms and conditions of the October 8, 1973 agreement, except to the extent that paragraph (9) provides for interest ' arbitration, as supplemented by the PLR.A (Illinois Public Labor Relations Act, 5 I11. Comp. Stat. 315/17) , provide protections to employees represented by the union satisfying the requirements of 49 U.S.C. , Section 5333 (b) . Rock Islaad Couaty Metropolitan Mass Traasit District � , In connection with a previous grant application, Rock Island County Metropolitan Mass Transit District (MTD) and the Amalgamated Transit Union (ATU) Local 313 executed an agreement dated �une 1, 1978, which incorporated by reference their entire January 13, 1975 protective agreement. The June 1, 1978 protective agreement provides to the employees represented by the union protections satisfying the requirements of 49 U.S.C. , Section 5333 (b) . The MTD and the ATU, however, remain in ', disagreement over the inclusion of paragraph (9) of the June 1, �� 1978 agreement in Department of Labor certifications. j The MTD contends that interest arbitration is not a requirement for certification of FTA projects. In addition, the MTD has stated that transit employees are afforded a dispute resolution mechanism by the Illinois Public Labor Relations Act (PLR.A) , 5 I11 . Comp. Stat. 315/17 (formerly Ch. 48; Paragraph 1601 et seq. ) which meets the requirements of 49 U.S.C. , Section 5333 (b) . The ATU argues that the Illinois Circuit Court has upheld an employee protection agreement interest arbitration clause and found that under Illinois State law, such a clause remained a valid and enforceable part of an agreement to arbitrate interest disputes. See Local Division 1333 v. Rockford Mass Transit District, Case No. 84-NIIt-28 (I11. Cir. Ct. , September 17, 1984) . The Department has taken the position that, in the absence of mutual agreement by the parties, DOL would not require interest arbitration for new grants; and therefore, DOL has determined that the protective arrangement described below are fair and equitable and meet the requirements of 49 U.S.C. , Section 5333 (b) .