§ 5333. Labor standards

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(a)Prevailing Wages Requirement.— The Secretary of Transportation shall ensure that laborers and mechanics employed by contractors and subcontractors in construction work financed with a grant or loan under this chapter be paid wages not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor under sections 3141 through 3144, 3146, and 3147 of title 40. The Secretary of Transportation may approve a grant or loan only after being assured that required labor standards will be maintained on the construction work. For a labor standard under this subsection, the Secretary of Labor has the same duties and powers stated in Reorganization Plan No. 14 of 1950 (eff. May 24, 1950, 64 Stat. 1267) and section 3145 of title 40.

(b)Employee Protective Arrangements.—

(1)As a condition of financial assistance under sections 5307–5312, 5316,1 5318, 5323(a)(1), 5323(b), 5323(d), 5328,1 5337, and 5338(b) of this title, the interests of employees affected by the assistance shall be protected under arrangements the Secretary of Labor concludes are fair and equitable. The agreement granting the assistance under sections 5307–5312, 5316,1 5318, 5323(a)(1), 5323(b), 5323(d), 5328,1 5337, and 5338(b) shall specify the arrangements.

(2)Arrangements under this subsection shall include provisions that may be necessary for—

(A)the preservation of rights, privileges, and benefits (including continuation of pension rights and benefits) under existing collective bargaining agreements or otherwise;

(B)the continuation of collective bargaining rights;

(C)the protection of individual employees against a worsening of their positions related to employment;

(D)assurances of employment to employees of acquired public transportation systems;

(E)assurances of priority of reemployment of employees whose employment is ended or who are laid off; and

(F)paid training or retraining programs.

(3)Arrangements under this subsection shall provide benefits at least equal to benefits established under section 11326 of this title.

(4)Fair and equitable arrangements to protect the interests of employees utilized by the Secretary of Labor for assistance to purchase like-kind equipment or facilities, and grant amendments which do not materially revise or amend existing assistance agreements, shall be certified without referral.

(5)When the Secretary is called upon to issue fair and equitable determinations involving assurances of employment when one private transit bus service contractor replaces another through competitive bidding, such decisions shall be based on the principles set forth in the Department of Labor’s decision of September 21, 1994, as clarified by the supplemental ruling of November 7, 1994, with respect to grant NV–90–X021. This paragraph shall not serve as a basis for objections under section 215.3(d) of title 29, Code of Federal Regulations.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 835; Pub. L. 104–88, title III, § 308(e), Dec. 29, 1995, 109 Stat. 947; Pub. L. 105–178, title III, § 3029(b)(9), June 9, 1998, 112 Stat. 372; Pub. L. 107–217, § 3(n)(3), Aug. 21, 2002, 116 Stat. 1302; Pub. L. 109–59, title III, §§ 3002(b)(4), 3031, Aug. 10, 2005, 119 Stat. 1545, 1625; Pub. L. 112–141, div. B, § 20030(h), July 6, 2012, 126 Stat. 731.)

In subsection (a), the words “take such action as may be necessary to”, “the performance of”, “the assistance of”, and “at rates” are omitted as surplus. The word “same” is added for clarity. The words “duties and powers” are substituted for “authority and functions” for consistency in the revised title and with other titles of the United States Code.

In subsection (b)(1), the reference to sections 5307, 5308, 5310, and 5311 of the revised title is added for clarity because of 49 App.:1607a(e)(1), 1607a–2(a), 1612(b), and 1614(f), restated as sections 5307(n)(2), 5308(b)(1), 5310(a), and 5311(i) of the revised title. The reference to section 5312 is added for clarity because it is intended that 49 App.:1609(c) cover research, development, training, and demonstration projects. The words “terms and conditions of the protective” are omitted as surplus.

In subsection (b)(2), before clause (A), the words “without being limited to” are omitted as being included in “include”. The words “such provisions as may be necessary for” are omitted as surplus. In clause (C), the word “individual” is omitted as surplus.

In subsection (b)(3), the words “section 11347 of this title” are substituted for and coextensive with “section 5(2)(f) of the Act of February 4, 1887 (24 Stat. 379), as amended” in section 13(c) of the Urban Mass Transportation Act of 1964 (Public Law 88–365, 78 Stat. 307) on authority of section 3(b) of the Act of October 17, 1978 (Public Law 95–473, 92 Stat. 1466).

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64 Stat. 1267
1
Pub. L. 103–272, § 1(d)
108 Stat. 835
Pub. L. 104–88, title III, § 308(e)
109 Stat. 947
Pub. L. 105–178, title III, § 3029(b)(9)
112 Stat. 372
Pub. L. 107–217, § 3(n)(3)
116 Stat. 1302
Pub. L. 109–59, title III
119 Stat. 1545
Pub. L. 112–141, div. B, § 20030(h)
126 Stat. 731
section 11347 of this title
section 5(2)(f) of the Act of February 4, 1887
24 Stat. 379
Public Law 88–365
78 Stat. 307
section 3(b) of the Act of October 17, 1978
Public Law 95–473
92 Stat. 1466
Pub. L. 112–141, div. B, § 20002(a)
126 Stat. 622
Pub. L. 112–141
Pub. L. 109–59, § 3031(1)
Pub. L. 109–59, § 3002(b)(4)
Pub. L. 109–59, § 3031(2)
Pub. L. 107–217
40 U.S.C. 276a
section 2 of the Act of June 13, 1934
40 U.S.C. 276c
Pub. L. 105–178
Pub. L. 104–88
section 3(a) of Pub. L. 112–141
section 2 of Pub. L. 104–88

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§ 5333

Labor standards

Fed. Reg.×154

U.S.C.×15

C.F.R.×8

Stat.64 Stat. 1267

Cite1

Pub. L.Pub. L. 103–272, § 1(d)

Stat.108 Stat. 835

Pub. L.Pub. L. 104–88, title III, § 308(e)

Cites 40 · showing 9Cited by 177 across 3 sources