Information Required by the U.S. Department of Labor for Labor Certifications

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  1. Background

    Federal Transit law requires that fair and equitable arrangements must be made, as determined by the U.S. Department of Labor (DOL), to protect the interests of employees affected by Job Access and Reverse Commute grants. These interests include the preservation of rights, privileges, and benefits under existing collective bargaining agreements, the continuation of collective bargaining rights, the protection of individual employees against a worsening of their positions related to employment, assurances of employment to employees of acquired mass transportation systems, priority of reemployment, and paid training or retraining.

    DOL processes the employee protection certifications required under section 5333(b) in accordance with procedural Guidelines published at 29 C.F.R. 215.3 (July 28, 1999 Federal Register). The DOL will process Job Access grants serving populations of 200,000 or more by referring a copy of the grant application to labor organizations representing affected employees and seeking the views of organized labor and the grant recipients on proposed certification terms. For grants serving populations under 200,000, DOL will issue its certification without seeking the views of the parties. In either case, the certification terms will be based on existing protective arrangements used for prior FTA grants, if any, or standard operating and/or capital arrangements developed by the DOL where there are no existing arrangements. (Such existing arrangements do not include the Special Section 13(c) Warranty that is used for projects funded under the Section 5311 program.)

    It is essential where there are questions regarding the DOL certification process and/or information needed by DOL to obtain a labor certification that the applicant contact the appropriate Regional Office immediately. Where information lacks specificity, is unclear or is missing, DOL will place the grant application in an "incomplete" status until the necessary information is received. Conceptual terms such as "collaborative effort" or "working in conjunction with . . ." or "services will be provided to assist . . ." do not provide the specificity necessary for DOL to process a grant.

    Upon receipt of a grant application, DOL will determine whether there is sufficient information to process the grant application. Because it is DOLís responsibility to address the protections afforded employees through the certification of appropriate protections, it must examine the activities of each subrecipient under the grant in order to frame a protective arrangement appropriate to the activity funded. The following information is needed by DOL to process all Job Access and Reverse Commute grant applications (including those areas under 200,000).

  1. Description of Required Information:

    The following is information needed by DOL to process a grant application for labor certification.

    1. Project Description (Brief). This section should contain a brief, succinct description of what is in the project. This generally would cover the major budget line items.
    1. Project Description (Detail). This section should provide a complete description of each activity to be undertaken. It should include funding information, what the project application is for, how and where line items will be used whether the project is new service, and a description of the operating service area of the recipient or subrecipient. If there is more than one subrecipient under a grant, this information must be developed for each subrecipientís portion of the project.
    1. Grantee Contact Person. This information is not contained in the TEAM application. Under "Project Details" please enter the name of a contact person for the grantee. In addition, if the grant will "pass through" funding to one or more subrecipients or other public entities, enter the full name of the subrecipient or other public entity, a contact name, mailing address, telephone number and facsimile number for each of these.
    1. Union Information. This information is not contained in the TEAM application. Under "Project Details" please 1) identify all the labor organizations that represent transit employees of the recipient and each subrecipient, and 2) identify any any other transportation providers which operate in the service area of the recipient and the subrecipients and all labor organizations that represent employees of these other transportation providers. Because employee protections are not limited to the employees of the grant recipient, other service area providers must be identified.

      For each local of a nationally affiliated union, the applicant must provide the name of the national organization and the number or other designation of the local union. (For example, Amalgamated Transit Union Local 1258.) Since DOL makes its referral to the national unionís headquarters, there is no need to provide a local contact in these situations.

      However, for each independent labor organization (i.e. a union that is not affiliated with a national or international organization) the local contact information will be necessary (name of organization, contact person, mailing address, telephone number, facsimile number).

    1. Extended Budget Descriptions. This needs to provide a project description and project justification, when required, for most line items. There are few line items that need no additional description and/or justification. If there are subreceipients under a grant, indicate which subrecipient will receive funds under each budget description.

If you have any questions, please contact the U.S. Department of Labor, Division of Statutory Programs, at (202) 693-0126.