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SFY 2016 Community Transportation Program (CTP) Grant <br />Application - Special Section 5333 (b) Warranty <br />addition thereto at the rate of the current position for any time worked in excess of the average <br />monthly time paid for. If a displaced employee fails to exercise his /her seniority rights to <br />secure another position to which the employee is entitled under the then existing collective <br />bargaining agreement, and which carries a wage rate and compensation exceeding that of the <br />position which the employee elects to retain, the employee shall thereafter be treated, for the <br />purposes of this paragraph, as occupying the position the employee elects to decline. <br />(6)(c) The displacement allowance shall cease prior to the expiration of the protective period <br />in the event of the displaced employee's resignation, death, retirement, or dismissal for cause <br />in accordance with any labor agreement applicable to his /her employment. <br />(7)(a) Whenever any employee is laid off or otherwise deprived of employment as a result of <br />the Project, in accordance with any collective bargaining agreement applicable to his /her <br />employment, the employee shall be considered a "dismissed employee" and shall be paid a <br />monthly dismissal allowance to be determined in accordance with this paragraph. Said <br />dismissal allowance shall first be paid each dismissed employee on the thirtieth (30th) day <br />following the day on which the employee is "dismissed" and shall continue during the <br />protective period, as follow: <br />Employee's length of Service <br />prior to adverse effect <br />Period of protection <br />1 day to 6 years <br />equivalent period <br />6 years or more <br />6 years <br />The monthly dismissal allowance shall be equivalent to one - twelfth (1 /12th) of the total <br />compensation received by the employee in the last twelve (12) months of his /her employment <br />in which the employee performed compensation service more than fifty per centum of each <br />such month based on the employee's normal work schedule to the date on which the <br />employee was first deprived of employment as a result of the Project. Such allowance shall be <br />adjusted to reflect subsequent general wage adjustments, including cost of living adjustments <br />where provided for. <br />(7)(b) An employee shall be regarded as deprived of employment and entitled to a dismissal <br />allowance when the position the employee holds is abolished as a result of the Project, or <br />when the position the employee holds is not abolished but the employee loses that position as <br />a result of the exercise of seniority rights by an employee whose position is abolished as a <br />result of the Project or as a result of the exercise of seniority rights by other employees <br />brought about as a result of the Project, and the employee is unable to obtain another position, <br />either by the exercise of the employee's seniority rights, or through the Recipient, in <br />accordance with subparagraph (e). In the absence of proper notice followed by an agreement <br />or decision pursuant to paragraph (5) hereof, no employee who has been deprived of <br />employment as a result of the Project shall be required to exercise his /her seniority rights to <br />secure another position in order to qualify for a dismissal allowance hereunder. <br />5 <br />NCDOT -PTD <br />SFY 2016 <br />Attachment number 12 <br />G -1 Page 88 <br />