Federal Transit Employee Protection Certifications: Office Of Labor-management Standards


Pursuant to section 5333(b) of 49 U.S.C., the Department must certify that, as a condition of certain grants of Federal financial assistance, fair and equitable labor protective provisions are in place to protect the interests of employees affected by such Federal assistance. These arrangements must be approved by the Department of Labor (DOL) before the Department of Transportation’s Federal Transit Administration (FTA) can release funds to grantees.

General information about this opportunity
Last Known Status
Deleted 01/15/2013 (Archived.)
Program Number
Federal Agency/Office
Agency: Department of Labor
Office: Office of Labor-Management Standards
Type(s) of Assistance Offered
Project Grants
Program Accomplishments
Fiscal Year 2010: No Current Data Available Fiscal Year 2011: Recovery Act funds are slated to terminate in FY 2010. Fiscal Year 2012: No Current Data Available
American Recovery and Reinvestment Act of 2009, Public Law 111-5.
Who is eligible to apply/benefit from this assistance?
Applicant Eligibility
Employees who believe they have been adversely affected as a result of Federal transit assistance may file claims under the procedures set forth in the protective arrangements certified by DOL.
Beneficiary Eligibility
Not applicable.
No Credentials or documentation are required. This program is excluded from coverage under OMB Circular No. A-87.
What is the process for applying and being award this assistance?
Pre-Application Procedure
Application process is regulated by DOT, FTA. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372.
Application Procedure
This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. The grant is submitted to DOL, FTA. The FTA then forwards the application to DOL, Office of Labor Management Standards (OLMS), Division of Statutory Programs (DSP) for review and certification of employee protections.
Award Procedure
Pursuant to the Guidelines, DOL refers for review the grant application received from FTA and the proposed terms and conditions to unions representing transit employees in the service area of the project and to the applicant and/or recipient. No referral is made if the application falls under one of the following exceptions: (1) employees in the service area are not represented by a union; (2) the grant is for routine replacement items, (3) the grant amends a previous grant in a manner that is not material, (4) the grant is for a Job Access project serving populations less than 200,000; (5) the grant capitalizes a State Infrastructure Bank account; or (6) the grant is for the Over-the-Road Bus or Other Than Urbanized program. When a grant application is referred to the parties, DOL recommends the terms and conditions to serve as the basis for certification. The parties have 15 days to inform DOL of any objections to the recommended terms including reasons for such objections. If no objections are registered, or if objections are found not sufficient, DOL certifies the project on the basis of the recommended terms. If DOL determines that the objections are sufficient, the parties are directed to negotiate for up to 30 days, limited to issues defined by DOL. If the parties are unable to reach agreement within 30 days, DOL will review the final proposals and issue an interim certification permitting FTA to release funds, provided that no action is taken relating to the issues in dispute that would irreparably harm employees. Following the interim certification, the parties may continue negotiations. If they are unable to reach agreement, DOL sets the terms for Final Certification within 60 days. DOL may request briefs on the issues in dispute before issuing the final certification. Employees who believe they have been adversely affected as a result of Federal transit assistance may file claims under the procedures set forth in the protective arrangements certified by DOL. DOL transmits certification letter containing protective terms to be applied to the grant application to FTA, thereby allowing the release of assistance to grantees.
Jul 01, 2009 The DOT, FTA has encouraged grantees to submit applications to them by July 1, 2009.
Approval/Disapproval Decision Time
From 30 to 60 days. Regarding DOL’s certification process, the DOL has 60 days from the day processing is initiated, by DOL, to certify protective arrangements.
Not Applicable.
Not Applicable.
How are proposals selected?
Not Applicable.
How may assistance be used?
Assistance will be used for transit capital improvements, improvements to fixed-guideway systems, and new and small start programs. Applicants eligibility is determined by the DOT, FTA.
What are the requirements after being awarded this opportunity?
No reports are required.
No audits are required for this program.
Other Assistance Considerations
Formula and Matching Requirements
This program has no statutory formula.
This program has no matching requirements.
This program does not have MOE requirements.
Length and Time Phasing of Assistance
None. See the following for information on how assistance is awarded/released: None.
Who do I contact about this opportunity?
Regional or Local Office
Headquarters Office
Office of Labor-Management Standards Division of Statutory Programs, 200 Constitution Avenue NW, Room N-5122, Washington, District of Columbia 20210 Email: Willertz.Stephen@dol.gov Phone: (202) 693-0126 Fax: 202-693-1343
Website Address
Financial Information
Account Identification
16-0105-0-1-505 - Treasury Appropriation Fund Symbol (TAFS) is 16 09/10 0105.
(Project Grants) FY 09 $280,000; FY 10 $190,000; FY 11 $0
Range and Average of Financial Assistance
Regulations, Guidelines and Literature
49 U.S.C. 5333(b) and 215 CFR.
Examples of Funded Projects
Not Applicable.


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