§ 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 financed with a grant or loan under this chapter be paid wages not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor under sections
3141–3144,
3146, and
3147 of title
40. The Secretary of Transportation may approve a grant or loan only after being assured that required 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 Reorganization 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 sections
5307–5312,
5316,
5318,
5323
(a)(1),
5323
(b),
5323
(d),
5328,
5337, and
5338
(b) of this title, the interests of employees affected by the assistance shall be protected under arrangements the Secretary of Labor concludes are fair and equitable. The agreement granting the assistance under sections
5307–5312,
5316,
5318,
5323
(a)(1),
5323
(b),
5323
(d),
5328,
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 pension rights and benefits) under existing collective bargaining agreements or otherwise;
(C)
the protection of individual employees against a worsening of their positions related to employment;
(3)
Arrangements under this subsection shall provide benefits at least equal to benefits established under section
11326 of this title.
(4)
Fair and equitable arrangements to protect the interests of employees utilized by the Secretary of Labor for assistance to purchase like-kind equipment or facilities, and grant amendments which do not materially revise or amend existing assistance agreements, shall be certified without referral.
(5)
When the Secretary is called upon to issue fair and equitable determinations involving assurances of employment when one private transit 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 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.