R2002-95 AUTHORIZING AN AGREEMENT

Home Browse Search

-4- Springfield Mass Transit District In connection with a previous grant application, the Springfield Mass Transit District and the Amalgamated Transit Union (ATU) Local 1249 executed an agreement dated April 12, 1973, which provides to the employees represented by the union protections satisfying the requirements of 49 U.S.C. , Section 5333 (b) . The parties have agreed that the terms and conditions of the agreement dated April 12, 1973, shall be made applicable to the instant project. City of Decatur In ,connection with a previous grant application, the City of Decatur and Amalgamated Transit Union (ATU) Local 859 executed an agreement dated May 12, 1977, which provides to the employees represented by the union protections satisfying the requirements of 49 U.S.C. , Section 5333 (b) for capital assistance projects. The City and the ATU, however, are in disagreemerit over the inclusion of Paragraph (9) of the parties' May 12, �977 agreement in the Department's certification. The Department has not applied the requirement for interest arbitration in its certifications for Decatur projects since 1985. The Department has instead determined that the right to strike is a sufficient dispute resolution procedure to ensure continuation of collective bargaining rights as required by 49 U.S.C. , Section 5333 (b) . Supplementary language, as set forth below, is included to further ensure this right. Also in connection with a previous project, the ATU proposed certain language for inclusion in a side letter and application to the project which addressed potential material modifications in project applications subsequent to the Union's review. The City of Decatur did not agreed to the side letter. However, the Department of Labor has included the, pursuant to 29 C.F.R. 215.3 (f) , addressing the subject of material modifications in order to ensure fair and equitable protections.