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SUBAWARD NO.001 <br /> transportation industry within the area where the transportation services are being <br /> provided. <br /> (b) All rights,privileges,and benefits(including pension rights and benefits)of <br /> employees (including employees already retired)shall be preserved and continued. <br /> (c) Sub-Recipient shall be financially responsible for any deprivation of <br /> employment or other worsening of employment position as a result of the Project. <br /> (d) In the event an employee is terminated or laid off as a result of this Project, <br /> he or she shall be granted priority of employment or reemployment to fill any vacant <br /> position for which he or she is, or by training or retraining can become, qualified. In the <br /> event training is required by such employment or reemployment Sub-Recipient shall <br /> provide or provide for such training or retraining at no cost to the employee. <br /> (e) Any employee who is laid off or otherwise deprived of employment or <br /> placed in a worse position with respect to compensation,howl,working conditions,fringe <br /> benefits, or rights and privileges pertaining thereto at any time during his or her <br /> employment as a result of the Project, including any program of efficiencies or economies <br /> directly or indirectly related thereto, shall be entitled to receive any applicable rights, <br /> privileges and benefits allowed for by applicable Federal, State or local law or regulation. <br /> An employee shall not be regarded as deprived of employment or placed in a worse position <br /> with respect to compensation, etc., in case of his or her resignation, death, retirement, <br /> dismissal for cause,or failure to work due to disability or discipline.The phrase"as a result <br /> of the Project"as used herein shall include events occurring in anticipation of, during, and <br /> subsequent to the Project. <br /> 4 (f) In the event any provision of these conditions is held to be invalid or <br /> otherwise unenforceable, Sub-Recipient and the employees or their representatives may, <br /> to the extent applicable, invoke the jurisdiction of the Secretary of Labor to determine <br /> substitute fair and equitable employee protective arrangements which shall be incorporated <br /> in these conditions. <br /> (g) Sub-Recipient agrees that any controversy respecting the Project's effects <br /> upon employees, the interpretation or application of these conditions and the disposition of <br /> any claim arising hereunder may be submitted by any party to the dispute including the <br /> employees or their representative for determination by the Secretary of Labor, whose <br /> decision shall be final. <br /> (h) Sub-Recipient shall maintain and keep on file all relevant books and records <br /> in sufficient detail as to provide the basic Information necessary to the making of the <br /> decisions called for in the preceding paragraph. <br /> (i) Sub-Recipient agrees and understands that the funding received under this <br /> Agreement is subject to the labor protection requirements of this section (49 U.S.C. § <br /> 5333(b)). Sub-Recipient agrees that it is bound by and will comply with the terms of this <br /> Page 13 of 30 <br />