DOES SECTION 13(c) CONFER COLLECTIVE BARGAINING RIGHTS UPON TRANSIT EMPLOYEES?
Section 13(c) requires the continuation of any collective bargaining rights that were in place when the employer started receiving Federal funds. However, if transit employees did not have the right to bargain collectively at the time their employer began receiving Federal funds, Section 13(c) does not grant that right. Where transit employees do not have the right to bargain collectively, but have the right to meet and confer or present grievances under state law or as an ongoing practice, Section 13(c) mandates that these practices must continue. The Section 13(c) arrangement is not a collective bargaining agreement and does not create a collective bargaining relationship where one does not already exist. HOW ARE THESE EMPLOYEE PROTECTIONS DEVELOPED? These protections are typically developed and agreed to by the transit employees’ representative, union, and the grant applicant. If this agreement meets the requirements of Section 13(c), the Department will certify the protections. The
