49 U.S.C. § 5333 — Labor standards

Page 343 TITLE 49—TRANSPORTATION § 5333 1 See References in Text note below. (1) a matter is referred to the Attorney Gen- eral under subsection (d)(2) of this section; or (2) the Attorney General believes a person is engaged in a pattern or practice in violation of this section. (f) APPLICATION AND RELATIONSHIP TO OTHER LAWS.—This section applies to an employment or business opportunity and is in addition to title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 834; Pub. L. 112–141, div. B, §§ 20023(a), 20030(g), July 6, 2012, 126 Stat. 717, 731.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 5332(a) ........ 49 App.:1615(a)(5). July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 19; added Nov. 6, 1978, Pub. L. 95–599, § 314, 92 Stat. 2750. 5332(b) ........ 49 App.:1615(a)(1) (1st sentence). 5332(c) ........ 49 App.:1615(a)(2), (3)(A). 5332(d) ........ 49 App.:1615(a)(3)(B). 5332(e) ........ 49 App.:1615(a)(4). 5332(f) ........ 49 App.:1615(a)(1) (last sentence). In subsection (a), the words ‘‘the term’’ and ‘‘one or more’’ are omitted as surplus. The words ‘‘partnerships, associations, corporations’’ and ‘‘mutual companies, joint-stock companies’’ are omitted because of 1:1. In subsection (b), the word ‘‘receiving’’ is substituted for ‘‘funded in whole or in part through’’ to eliminate unnecessary words. In subsection (c)(2), the words ‘‘directly or indi- rectly’’, ‘‘issued’’, and ‘‘necessary’’ are omitted as sur- plus. In subsection (d), before clause (1), the words ‘‘does not’’ are substituted for ‘‘fails or refuses to’’ to elimi- nate unnecessary words. The words ‘‘period of’’ and ‘‘pursuant to paragraph (a) of this subsection’’ are omitted as surplus. In clause (2), the word ‘‘appro- priate’’ is omitted as surplus. In clause (3), the words ‘‘proceed under’’ are substituted for ‘‘exercise the pow- ers and functions provided by’’ to eliminate unneces- sary words. In subsection (e), before clause (1), the words ‘‘in any appropriate district court of the United States’’ and ‘‘including injunctive relief’’ are omitted as surplus. In subsection (f), the words ‘‘considered to be’’ and ‘‘and not in lieu of’’ are omitted as surplus. Editorial Notes REFERENCES IN TEXT The Civil Rights Act of 1964, referred to in subsecs. (d)(3) and (f), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2000a of Title 42 and Tables. AMENDMENTS 2012—Subsec. (b). Pub. L. 112–141, § 20023(a)(1), sub- stituted ‘‘religion’’ for ‘‘creed’’ and inserted ‘‘dis- ability,’’ after ‘‘sex,’’. Subsec. (c)(1). Pub. L. 112–141, § 20030(g), struck out ‘‘of Transportation’’ after ‘‘Secretary’’. Subsec. (d)(3). Pub. L. 112–141, § 20023(a)(2), substituted ‘‘or’’ for ‘‘and’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. § 5333. Labor standards (a) PREVAILING WAGES REQUIREMENT.—The Secretary of Transportation shall ensure that laborers and mechanics employed by contractors and subcontractors in construction work fi- nanced with a grant or loan under this chapter be paid wages not less than those prevailing on similar construction in the locality, as deter- mined 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 re- quired 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 Reorganiza- tion 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 sec- tions 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 Sec- retary 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 pen- sion rights and benefits) under existing collec- tive 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 estab- lished under section 11326 of this title. (4) Fair and equitable arrangements to protect the interests of employees utilized by the Sec- retary of Labor for assistance to purchase like- kind equipment or facilities, and grant amend- ments which do not materially revise or amend existing assistance agreements, shall be cer- tified without referral. (5) When the Secretary is called upon to issue fair and equitable determinations involving as- surances of employment when one private tran- sit 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 Page 344 TITLE 49—TRANSPORTATION § 5334 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.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 5333(a) ........ 49 App.:1609(a), (b). July 9, 1964, Pub. L. 88–365, § 13, 78 Stat. 307; Sept. 8, 1966, Pub. L. 89–562, § 2(a)(1), (b)(2), 80 Stat. 715, 716; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25. 5333(b) ........ 49 App.:1609(c). 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 clar- ity 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 condi- tions of the protective’’ are omitted as surplus. In subsection (b)(2), before clause (A), the words ‘‘without being limited to’’ are omitted as being in- cluded 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 Transpor- tation 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). Editorial Notes REFERENCES IN TEXT Reorganization Plan No. 14 of 1950, referred to in sub- sec. (a), is set out in the Appendix to Title 5, Govern- ment Organization and Employees. Sections 5316 and 5328 of this title, referred to in sub- sec. (b)(1), were repealed by Pub. L. 112–141, div. B, § 20002(a), July 6, 2012, 126 Stat. 622. AMENDMENTS 2012—Subsec. (a). Pub. L. 112–141 substituted ‘‘sec- tions 3141 through 3144’’ for ‘‘sections 3141–3144’’. 2005—Subsec. (b)(1). Pub. L. 109–59, § 3031(1), sub- stituted ‘‘5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, and 5338(b)’’ for ‘‘5318(d), 5323(a)(1), (b), (d), and (e), 5328, 5337, and 5338(b)’’ in two places. Subsec. (b)(2)(D). Pub. L. 109–59, § 3002(b)(4), sub- stituted ‘‘public transportation’’ for ‘‘mass transpor- tation’’. Subsec. (b)(4), (5). Pub. L. 109–59, § 3031(2), added pars. (4) and (5). 2002—Subsec. (a). Pub. L. 107–217 substituted ‘‘sec- tions 3141–3144, 3146, and 3147 of title 40’’ for ‘‘the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)’’ and ‘‘section 3145 of title 40’’ for ‘‘section 2 of the Act of June 13, 1934 (40 U.S.C. 276c)’’. 1998—Subsec. (b)(1). Pub. L. 105–178 substituted ‘‘5338(b)’’ for ‘‘5338(j)(5)’’ in two places. 1995—Subsec. (b)(3). Pub. L. 104–88 substituted ‘‘11326’’ for ‘‘11347’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of this title. § 5334. Administrative provisions (a) GENERAL AUTHORITY.—In carrying out this chapter, the Secretary of Transportation may— (1) prescribe terms for a project that re- ceives Federal financial assistance under this chapter (except terms the Secretary of Labor prescribes under section 5333(b) of this title); (2) sue and be sued; (3) foreclose on property or bring a civil ac- tion to protect or enforce a right conferred on the Secretary of Transportation by law or agreement; (4) buy property related to a loan under this chapter; (5) agree to pay an annual amount in place of a State or local tax on real property ac- quired or owned under this chapter; (6) sell, exchange, or lease property, a secu- rity, or an obligation; (7) obtain loss insurance for property and as- sets the Secretary of Transportation holds; (8) consent to a modification in an agree- ment under this chapter; (9) include in an agreement or instrument under this chapter a covenant or term the Sec- retary of Transportation considers necessary to carry out this chapter; (10) collect fees to cover the costs of training or conferences, including costs of promotional materials, sponsored by the Federal Transit Administration to promote public transpor- tation and credit amounts collected to the ap- propriation concerned; and (11) issue regulations as necessary to carry out the purposes of this chapter. (b) PROHIBITIONS AGAINST REGULATING OPER- ATIONS AND CHARGES.— (1) IN GENERAL.—Except for purposes of na- tional defense or in the event of a national or regional emergency, or for purposes of estab- lishing and enforcing a program to improve the safety of public transportation systems in the United States as described in section 5329, the Secretary may not regulate the operation, routes, or schedules of a public transportation system for which a grant is made under this chapter. The Secretary may not regulate the rates, fares, tolls, rentals, or other charges prescribed by any provider of public transpor- tation. (2) LIMITATION ON STATUTORY CONSTRUC- TION.—Nothing in this subsection shall be con- strued to prevent the Secretary from requiring