Common use of LABOR PROTECTION PROVISIONS Clause in Contracts

LABOR PROTECTION PROVISIONS. A. The Employee Protection Certification terms agreed to by parties of the grant IA-2017-006 and all subsequent AGENCY grants, effective September 11, 2017, all Federal Transit Administration-funded capital and operating projects, are as follows: “Please be advised that the International Union of Operating Engineers (IUOE) Local 234 and the Ames Transit Agency (CyRide) hereby agree that the following shall be incorporated in the DOL’s certification terms addressing CyRide Grant IA-2017-006 and all subsequent CyRide grants supplementing the parties April 8, 1983 National Agreement and/or the March 3, 1995, Section 13(c) Agreement as follows: 1. In accordance with Section 20.27 of Iowa Code Chapter 20, any provision or provisions of the law that jeopardize federal funding shall be deemed inoperative and thus inapplicable to transit employees represented by IUOE Local 234 who are covered under the parties’ Section 13 (c) protective agreements and the terms and conditions of the Department of Labor’s certification letter(s), CyRide will maintain the existing collective bargaining agreement (cba) with IUOE Local 234, effective 7/1/16 through 6/30/19, in full force and effect; and upon its and future cba expiration(s), engage in collective bargaining with IUOE Local 234 on any new collective bargaining or other agreements under the same conditions that existed prior to July 1, 2016, including the dispute resolution procedures. 2. Any dispute(s) over the applicability, enforcement, and/or application of this provision that cannot be settled within twenty (20) days after such dispute(s) first arises may be submitted at the written request of either party to the U.S. Department of Labor, or its designee, for final and binding determination of any and all matters in dispute.” B. (For FTA JARC OPERATING ASSISTANCE AGREEMENTS ONLY) For AGENCIES with individual local “13(c)” agreements with the Amalgamated Transit Union or other unions: The AGENCY, by becoming signatory to this AGREEMENT, agrees to comply with all requirements of Section 13(c) of the Federal Transit Act, as amended, 49 U.S.C. § 5333(b), and to apply and comply with the employee protection agreements entitled (1) between the PROVIDER and (2) as executed on (3), the terms and conditions of which are incorporated herein and made a part hereof as Appendix 15 of the Joint Participation Agreement attachments, subject to the understanding that the term “Project” as used therein shall be deemed to refer to and cover this project. The AGENCY also agrees to bear full financial responsibility, and hold the DEPARTMENT harmless, for any employee impacts as a result of this project.

LABOR PROTECTION PROVISIONS. A. The Employee Protection Certification terms agreed to by parties of the grant IA-2017-006 008 and all subsequent AGENCY grants, effective September 11November 21, 2017, all Federal Transit Administration-funded capital and operating projects, are as follows: “Please be advised that Consistent with the International Union provisions of Operating Engineers (IUOE) Local 234 Iowa Code section 20.27, and in accordance with the Iowa Department of Transportation’s April 25, 2017 letter to the Department of Labor regarding the impact of the collective bargaining provisions of HF291 on the obligations under 49 U.S.C. § 5333(b), AFSCME and the Ames University of Iowa (“University”) have deemed inoperative those provisions of HF291 negatively impacting the bargaining rights of transit employees performing work for the University of Iowa, Parking and Transportation Department, CAMBUS Division, that is funded by a grant from the Federal Transit Agency Administration. Currently, the affected positions are: • Auto, Truck and Transit Technician, Position Number 977 (CyRidecurrently filled by Xxxxxxx Xxxxxxxxx) hereby • Auto, Truck and Transit Technician, Position Number 978 (currently open) • Auto, Truck and Transit Technician, Position Number 979 (currently filled by Xxxxx Xxxxxxxx) • Auto, Truck and Transit Technician, Position Number 1497 (currently filled by Xxxxx Xxxxx) • Auto, Truck and Transit Technician, Position Number 1499 (currently filled by Xxxxxx Xxxxxx) • Auto, Truck and Transit Technician, Position Number 166362 (currently filled by Xxxxx Xxxxxxx) • Storekeeper II, Position 1501 (currently open) Accordingly, AFSCME and the University (“the Parties”) have agreed to the continuation of collective bargaining rights of the aforementioned covered positions (“covered positions”) as they existed on February 16, 2017. In addition, the Parties have reached an agreement governing the terms of employment for the covered positions for the period of July 1,2017 through June 30, 2019. That agreement largely incorporates the terms of the CBA applicable to those covered positions that were negotiated between the parties prior to HF291 becoming effective (the CBA effective July 1, 2015 through June 30, 2017), with modifications that include: • Changing the duration of the CBA to July 1,2017 through June 30,2019; • Increasing the pay rates for the covered positions, as specified in the prior CBA's January 1, 2017 Pay Plan, by 1% effective July 1,2017 and by another 1% effective July 1,2018, while also maintaining step increases; • Moving covered positions to the University of Iowa Health Insurance Plan; and • Providing the employees in the covered positions financial assistance to offset the additional cost of employee coverage in the University of Iowa Health Plan. (The amount of the additional employee cost has not yet been determined, but the parties agree that the following shall amount of the financial assistance will be incorporated equal to die difference in the DOLcovered position cost of coverage in the University of Iowa Health Plan as compared to the covered position’s certification terms addressing CyRide Grant IA-2017-006 cost of coverage in the health insurance plan currently offered by the employer and all subsequent CyRide grants supplementing that the employees in the covered positions will begin receiving the financial assistance once they are actually transitioned over to the University of Iowa Health Plan.) • Moving covered positions to the University of Iowa Dental Plan; and • Providing the employees in the covered positions financial assistance to offset the additional cost of employee coverage in the University of Iowa Dental Plan. (The amount of the additional employee cost has not yet been determined, but the parties April 8, 1983 National Agreement and/or agree that the March 3, 1995, Section 13(c) Agreement as follows: 1. In accordance with Section 20.27 amount of the financial assistance will be equal to die difference in the covered position cost of coverage in the University of Iowa Code Chapter 20, any provision or provisions of the law that jeopardize federal funding shall be deemed inoperative and thus inapplicable to transit employees represented by IUOE Local 234 who are covered under the parties’ Section 13 (c) protective agreements and the terms and conditions of the Department of Labor’s certification letter(s), CyRide will maintain the existing collective bargaining agreement (cba) with IUOE Local 234, effective 7/1/16 through 6/30/19, in full force and effect; and upon its and future cba expiration(s), engage in collective bargaining with IUOE Local 234 on any new collective bargaining or other agreements under the same conditions that existed prior to July 1, 2016, including the dispute resolution procedures. 2. Any dispute(s) over the applicability, enforcement, and/or application of this provision that cannot be settled within twenty (20) days after such dispute(s) first arises may be submitted at the written request of either party Dental Plan as compared to the U.S. Department covered position’s cost of Labor, or its designee, coverage in the health insurance plan currently offered by the employer and that the employees in the covered positions will begin receiving the financial assistance once they are actually transitioned over to the University of Iowa Dental Plan.) • Dues deduction for final and binding determination of any and all matters in disputecovered positions will be discontinued.” B. (For FTA JARC OPERATING ASSISTANCE AGREEMENTS ONLY) For AGENCIES with individual local “13(c)” agreements with the Amalgamated Transit Union or other unions: The AGENCY, by becoming signatory to this AGREEMENT, agrees to comply with all requirements of Section 13(c) of the Federal Transit Act, as amended, 49 U.S.C. § 5333(b), and to apply and comply with the employee protection agreements entitled (1) between the PROVIDER and (2) as executed on (3), the terms and conditions of which are incorporated herein and made a part hereof as Appendix 15 of the Joint Participation Agreement attachments, subject to the understanding that the term “Project” as used therein shall be deemed to refer to and cover this project. The AGENCY also agrees to bear full financial responsibility, and hold the DEPARTMENT harmless, for any employee impacts as a result of this project.

LABOR PROTECTION PROVISIONS. A. The Employee Protection Certification terms agreed to by parties of the grant grants IA-2017-006 006, IA-2017- 014, IA-2017-015, and IA-2017-017, and all subsequent AGENCY grants, effective September 11August 3, 2017, all Federal Transit Administration-funded capital and operating projects, are as follows: “Please be advised that the International Union of Operating Engineers (IUOE) ATU Local 234 441 and the Ames Des Moines Area Regional Transit Agency Authority (CyRideDART) hereby agree that the following shall be incorporated in the DOL’s 's certification terms addressing CyRide Grant DART Grants (IA-2017-006 006), (IA-2017 -0 14), (IA-2017-015) and (IA-2017-17) and all subsequent CyRide DART grants supplementing the parties April 8parties' July 23, 1983 1975, National Agreement and/or the March 3October 30, 19951973, Section 13(c) Agreement as follows: 1. In accordance with Section 20.27 of Iowa Code Chapter 20, any provision or provisions of the law that jeopardize federal funding shall be deemed inoperative and thus inapplicable to transit employees represented by IUOE ATU Local 234 441 who are covered under the parties’ ' Section 13 (c13(c) protective agreements and the terms te1ms and conditions of the Department of Labor’s 's certification letter(s), CyRide ; DART will maintain the existing collective bargaining agreement (cba) with IUOE ATU Local 234441, effective 7/1/16 7/1/2016 through 6/30/19, in full force and effect; and and, upon its and future cba expiration(s), engage in collective bargaining with IUOE ATU Local 234 441 on any new collective bargaining or other agreements under the same conditions that existed prior to July 1, 2016, including the dispute resolution proceduresresolutionprocedures. 2. Any dispute(s) over the applicability, enforcement, and/or application of this provision that cannot be settled within twenty (20) days after such dispute(s) first arises may be submitted at the written request of either party to the U.S. Department of Labor, or its designee, for final and binding determination of any and all matters in dispute.” B. (For FTA JARC OPERATING ASSISTANCE AGREEMENTS ONLY) For AGENCIES with individual local “13(c)” agreements with the Amalgamated Transit Union or other unions: The AGENCY, by becoming signatory to this AGREEMENT, agrees to comply with all requirements of Section 13(c) of the Federal Transit Act, as amended, 49 U.S.C. § 5333(b), and to apply and comply with the employee protection agreements entitled (1) between the PROVIDER and (2) as executed on (3), the terms and conditions of which are incorporated herein and made a part hereof as Appendix 15 of the Joint Participation Agreement attachments, subject to the understanding that the term “Project” as used therein shall be deemed to refer to and cover this project. The AGENCY also agrees to bear full financial responsibility, and hold the DEPARTMENT harmless, for any employee impacts as a result of this project.

LABOR PROTECTION PROVISIONS. A. The Employee Protection Certification terms agreed to by parties of the grant IA-2017-006 007 and all subsequent AGENCY grants, effective September 11May 25, 2017, all Federal Transit Administration-funded capital and operating projects, are as follows: “Please be advised that In light of the International Union enactment of Operating Engineers Acts 2017 (IUOE) Local 234 and 87 G.A.), H.F. 291, effective Feb. 17, 2017, the Ames Transit Agency (CyRide) parties hereby agree that the following shall be incorporated in the DOL’s U.S. Department of Labor's certification terms addressing CyRide Grantee Metropolitan Transit Authority of Black Hawk County (MET) Grant IA-2017(IA- 2017-006 007) and all subsequent CyRide MET grants supplementing the parties April 8March 23, 1983 National Agreement and/or the March 31977, 1995and July 23, 1975, Section 13(c) Agreement as followsAgreements by and between MET and ATU Local 1192: 1. In The parties agree that in accordance with Section 20.27 of Iowa Code Chapter 20, any provision or the provisions of the law that jeopardize federal funding Acts 2017 (87 G.A.), H.F. 291, effective Feb. 17, 2017, shall be deemed inoperative and thus inapplicable to transit employees represented by IUOE Local 234 who are covered under the parties’ Section 13 (c) protective agreements and the terms and conditions under 49 U.S.C. Section 5333(b); and that in lieu of these inoperative and inapplicable provisions, the Department provisions of Labor’s certification letter(s)Iowa Code Chapter 20 in effect on February 16, CyRide will 2017, a copy of which is appended hereto, shall be deemed operative and applicable to said transit employees. In accord with this agreement between the parties, the undersigned transit authority hereby promises and avows: (a) to maintain the its existing collective bargaining agreement (cba) with IUOE ATU Local 234, effective 7/1/16 through 6/30/19, 1192 in full force and effecteffect pending the negotiation of a new collective bargaining agreement or until a bona fide impasse in bargaining over a new agreement has been reached and resolved as provided for below; and upon its and future cba expiration(s), (b) to engage in collective bargaining negotiations with IUOE ATU Local 234 1192 on any new collective bargaining or other agreements under agreement in accordance with the same conditions that existed prior provisions of Iowa Code Chapter 20 in effect on February 16, 2017; and (c) in the event of a bona fide impasse in such negotiations over a new collective bargaining agreement, to July 1participate inand fullyabide by the results of the impasse resolution procedures set out in Iowa Code Chapter 20 in effect on February 16, 2016, including the dispute resolution procedures2017. 2. Consistent with Paragraph (21) of the March 23, 1977, and Paragraph (21) of the July 23, 1975, Section 13(c) Agreements, in the event that any term of this agreement is held to be invalid or otherwise unenforceable under federal, state or local law, said term(s) shall be renegotiated by the parties for purposes of adequate replacement under 49 U.S.C. Section 5333(b). If such negotiations shall not result in a mutually satisfactory agreement, any party may invoke the jurisdiction of the U.S. Department of Labor, to the extent provided by law, to determine substitute fair and equitable employee protective arrangements for application only to the particular Project, which shall be incorporated in the DOL's certification as applied to that Project and any other appropriate action, remedy or relief; 3. Any dispute(s) over the applicability, enforcement, and/or application of any term of this provision that agreement which cannot be settled within twenty (20) days after such dispute(s) first arises may be submitted at the written request of either party to the U.S. Department of Labor, or its designee, for final and binding determination of any and all matters in disputedisputes; and 4. In the event that the parties become exempt from H.F. 291, or in the event that H.F. 291 is altogether repealed, the parties agree that this agreement will become null and void.” B. (For FTA JARC OPERATING ASSISTANCE AGREEMENTS ONLY) For AGENCIES with individual local “13(c)” agreements with the Amalgamated Transit Union or other unions: The AGENCY, by becoming signatory to this AGREEMENT, agrees to comply with all requirements of Section 13(c) of the Federal Transit Act, as amended, 49 U.S.C. § 5333(b), and to apply and comply with the employee protection agreements entitled (1) between the PROVIDER and (2) as executed on (3), the terms and conditions of which are incorporated herein and made a part hereof as Appendix 15 of the Joint Participation Agreement attachments, subject to the understanding that the term “Project” as used therein shall be deemed to refer to and cover this project. The AGENCY also agrees to bear full financial responsibility, and hold the DEPARTMENT harmless, for any employee impacts as a result of this project.