(c) Upon commencement of operations in the basic system, the substantive requirements of subsections (a) and (b) of this section shall apply to the Corporation and its employees in order to insure the maintenance of the protective arrangements specified in such subsections, except that nothing in this subsection shall be construed to impose upon the Corporation any obligation of a railroad with respect to any right, privilege, or benefit earned by any employee as a result of prior service performed for such railroad. The Secretary of Labor shall certify that affected employees of the Corporation have been provided fair and equitable protection as required by this section within one hundred and eighty days after assumption of operations by the Corporation.

(d) The Corporation shall take such actions as may be necessary to insure that all laborers and mechanics employed by contractors and subcontractors in the performance of construction work financed with the assistance of funds received under any contract or agreement entered into under this title shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act. The Corporation shall not enter into any such contract or agreement without first obtaining adequate assurance that required labor standards will be maintained on the construction work. Health and safety standards promulgated by the Secretary of Labor pursuant to section 107 of the Contract Work Hours and Safety Standards Act (40) U.S.C. 333) shall be applicable to all construction work performed under such contracts or agreements, except any construction work performed by a railroad employee. Wage rates provided for in collective bargaining agreements negotiated under and pursuant to the Railway Labor Act shall be considered as being in compliance with the Davis-Bacon Act.

(e) The Corporation shall not contract out any work normally performed by employees in any bargaining unit covered by a contract between the Corporation or any railroad providing intercity rail passenger service upon the date of enactment of this Act and any labor organization, if such contracting out shall result in the layoff of any employee or employees in such bargaining unit.

URBAN MASS TRANSPORTATION ACT

(PERTINENT PROVISION)

49 U.S.C. § 1609

Summary and Description

The Urban Mass Transportation Act of 1964 establishes a program to provide Federal assistance to States and local governments and agencies to finance improvements in urban mass transportation systems.

Section 3 (e) requires that no Federal assistance may be provided unless the Secretary of Labor has certified that the requirements of Section 13 (c) of the Act have been complied with.

Section 13 (c) provides that the Secretary of Labor shall determine that fair and equitable arrangements are made to protect the interests of employees affected by such assistance.

Such protective arrangements shall include such provisions as may be necessary for:

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

(2) the continuation of collective bargaining rights;

(3) the protection of individual employees against a worsening of their positions with respect to their employment;

(4) assurance of employment to employees of acquired mass transportation systems and priority of re-employment of employees terminated or laid off;

(5) paid training or retraining programs.

Such arrangements shall include provisions protecting individual employees against a worsening of their positions with respect to their employment which shall in no event provide benefits less than those established pursuant to section 5(2) (f) of the Interstate Commerce Act of February 4, 1887 (24 Stat. 379), as amended. The contract for the granting of any such assistance shall specify the terms and conditions of the protective arrangements.

In addition, section 13 (a) makes the terms of the Davis-Bacon Act applicable to construction work assisted under this law.

Text of Act

(Section numbers refer to U.S. Code)

§ 1609. Labor standards.

(a) Action of Secretary.

The Secretary shall take such action as may be necessary to insure that all laborers and mechanics employed by contractors or subcon

tractors in the performance of construction work financed with the assistance of loans or grants under this chapter shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended. The Secretary shall not approve any such loan or grant without first obtaining adequate assurance that required labor standards will be maintained upon the construction work.

(b) Authority of Secretary of Labor.

The Secretary of Labor shall have, with respect to the labor standards specified in subsection (a) of this section, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267, and section 276c of Title 40.

(c) Interests of employees; protective arrangements; terms and conditions.

It shall be a condition of any assistance under section 1602 of this title that fair and equitable arrangements are made, as determined by the Secretary of Labor, to protect the interests of employees affectel by such assistance. Such protective arrangements shall include, without being limited to, such provisions as may be necessary for (1) the preservation of rights, privileges, and benefits (including contínuation of pension rights and benefits) under existing collective bargaining agreements or otherwise; (2) the continuation of collective bargaining rights; (3) the protection of individual employees against a worsening of their positions with respect to their employment; (4) assurances of employment to employees of acquired mass transportation systems and priority of reemployment of employees terminated or laid off; and (5) paid training or retraining programs. Such arrangements shall include provisions protecting individual employees against a worsening of their positions with respect to their employment which shall in no event provide benefits less than those established pursuant to section 5 (2) (f) of this title. The contract for the granting of any such assistance shall specify the terms and conditions of the protective arrangements. Pub. L. 88-365, § 13, formerly § 10, July 9, 1964, 78 Stat. 307, renumbered and amended Pub. L. 89-562. § 2(a) (1), (b) (2), Sept. 8, 1966, 80 Stat. 715, 716; Pub. L. 90-19, § 20 (a), May 25, 1967, 81 Stat. 25.)

NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES ACT*-SECS. 5(j)-(k)

20 U.S.C. 954 (i)–(j)

LABOR STANDARDS APPLICABLE TO GRANTS-IN-AID BY NATIONAL ENDOWMENT FOR THE ARTS

(j) It shall be a condition of the receipt of any grant under this section that the group or individual of exceptional talent or the State or State agency receiving such grant furnish adequate assurances to the Secretary of Labor that (1) all professional preformers and related or supporting professional personnel (other than laborers and mechanics with respect to whom labor standards are prescribed in subsection (k) of this section) employed on projects or productions which are financed a whole or in part under this section will be paid, without subsequent deduction or rebate on any account, not less than the minimum compensation as determined by the Secretary of Labor to be the prevailing minimum compensation for persons employed in similar acitivties; and (2) no part of any project or production which is financed in whole or in part under this section will be performed or engaged in under working conditions which are unsanitary or hazardous or dangerous to the health and safety of the employees engaged in such project or production. Compliance with the safety and sanitary laws of the State in which the performance or part thereof is to take place shall be prima facie evidence of compliance. The Secretary of Labor shall have the authority to prescribe standards, regulations, and procedures as he may deem necessary or appropriate to carry out the provisions of this subsection.

(k) It shall be a condition of the receipt of any grant under this section that the group or individual of exceptional talent or the State or State agency receiving such grant furnish adequate assurances to the Secretary of Labor that all laborers and mechanics employed by contractors or subcontractors on construction projects assisted under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276-5). The Secretary of Labor shall have with respect to the labor standards specified in this subsection the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. 133z-15 and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c).

Sections 5(j)-(k), Public Law 89-209, September 29, 1965, 79 Stat. 846, 848-849, as amended by section 2(b), Public Law 90-348, June 18, 1968, 82 Stat. 184.

O