DOL Referral Letter

U.S. Department of Labor

Office of Labor-Management Standards
Washington, D.C. 20210

March 22, 2019
Re:

EMPLOYEE PROTECTIONS REFERRAL
OF PENDING FTA GRANT APPLICATION
CA-2017-017-01
Alameda-Contra Costa Transit District

Dear FTA Applicant and Union Representative(s):
Pursuant to 49 U.S.C. § 5333(b), the Department of Transportation has referred the above-referenced grant
application to this office and requested the Department of Labor's (DOL) certification that the required employee
protective arrangements have been made. As required by DOL’s procedural Guidelines,29 C.F.R § 215, as
amended, we are providing a copy of this grant application to the labor organization(s) representing transit
employees in the service area of the project and to the applicant and/or recipient(s) identified on the following
page(s) of this letter.
DOL will certify the grant on the proposed terms and conditions set forth in Attachment A unless it receives a
sufficient written objection within 15 calendar days of the date of this referral. See 29 C.F.R. § 215.3(d).
Objections and other correspondence must be sent to DOL by e-mail at OLMS-DSP@dol.gov, with copies to all
relevant parties, including, at a minimum, the parties identified in this letter.
Additional information is available at https://www.dol.gov/olms/regs/compliance/compltransit.htm. Please
contact me if you need assistance.
Sincerely,

Denise Diminuco
Team Leader
Division of Statutory Programs
(202) 693-0221
Diminuco.Denise@dol.gov
Enclosure

Number: 1245-0006 (Expires 06/30/2020). According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information
unless such collection displays a valid OMB control number. Public reporting burden for this collection of information is estimated to average 8 hours per response for
composing answers to these briefing questions, including producing briefs to issues in dispute. The obligation to respond to this collection is required to obtain or
retain a benefit, see 29 CFR part 215.3. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Chief of the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200
Constitution Avenue N.W., Room N-5609, Washington, DC 20210 or email olms-public@dol.gov, and reference the OMB Control Number 1245-0006.

REFERRAL SENT TO:
Grantee/Recipient(s):
ALAMEDA-CONTRA COSTA TRANSIT DISTRICT
Phillip Halley
phalley@actransit.org
Chris Andrichak
candrichak@actransit.org
Union(w/copy of grant application):
Amalgamated Transit Union Local 192
ATU
13c@atu.org
American Federation of State, County and Municipal Employees
Lee Saunders, President
mmurphy@afscme.org
American Federation of State, County and Municipal Employees Local 3916
AFSCME
mmurphy@afscme.org
American Train Dispatchers Ass'n
Caitlin Cooper, Attorney
ccooper@mooneygreen.com
Olga M. Thall, Attorney
omthall@mooneygreen.com
Richard Edelman, Attorney
redelman@mooneygreen.com
BART Police Managers Ass'n
Nathan Weissich, President
nweissi@bart.gov
BART Police Officers Ass'n
Keith Garcia, President
kgarcia@bart.gov
Brotherhood Railway Carmen Division/TCU
Carmen Parcelli, Attorney
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13c@geclaw.com
Brotherhood of Locomotive Engineers/IBT
IBT
publicservices@teamster.org
Independent Railway Supervisors Ass'n
Louis Gentile, Int'l President
locolou43@gmail.com
Inlandboatmen's Union of the Pacific (N. CA)
Marina Secchitano, President
ibusf@pacbell.net
Robert Estrada
Robert@IBU.org
Int'l Ass'n of Bridges, Structural, Ornamental and Reinforcing Iron Workers
Eric Dean, General President
kmartin@iwintl.org
Int'l Ass'n of Sheet Metal, Air, Rail and Transportation Workers - Mech. Div.
Tony Iannone, Director
tiannone@smart-union.org
Int'l Ass'n of Sheet Metal, Air, Rail and Transportation Workers - Transp. Div.
C. Studivant, Vice President
cmcginty@smart-union.org
Int'l Brotherhood of Electrical Workers
Bill Bohne, Director
railroad@ibew.org
Lonnie Stephenson, President
construction@ibew.org
Int'l Brotherhood of Electrical Workers - Rail Div.
Bill Bohne, Director
Railroad@ibew.org
Int'l Fed'n of Prof'l and Technical Engineers Local 21 (Santa Clara Co. Eng'rs and Architects Ass'n)
Gregory Junemann, President
gjunemann@ifpte.org
Paul Shearon
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pshearon@ifpte.org
Int'l Organization of Masters, Mates and Pilots-Pacific Maritime Region
Donald Marcus, President
dmarcus@bridgedeck.org
Ray Shipway
rshipway@bridgedeck.org
Marine Engineers' Beneficial Ass'n California
Adam Vokac, Executive Vice President
avokac@mebaunion.org
Marshall Ainley, President
mainley@mebaunion.org
Northern California Carpenters Regional Council
Bob Alvarado
balvarado@nccrc.org
Douglas J. McCarron, President
jbrown@carpenters.org
Service Employees Int'l Union Local 390
SEIU
nicole.berner@seiu.org
Transport Workers Union
Curtis Tate, Transit Division Director
ctate@twu.org
Shavon Gibson
sgibson@twu.org
Transport Workers Union Local 250A
Curtis Tate, Transit Division Director
ctate@twu.org
Shavon Gibson
sgibson@twu.org

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Attachment A
DOL PROPOSAL FOR EMPLOYEE PROTECTIONS
CA-2017-017-01
GRANTEE: Alameda-Contra Costa Transit District
Employee Representation
Amalgamated Transit Union Local 192

Amalgamated Transit Union Local 192
American Federation of State, County and Municipal
Employees Local 3916
Int'l Brotherhood of Electrical Workers
Service Area Provider : Altamont Commuter Express
Employee Representation
Brotherhood of Locomotive Engineers/IBT; Brotherhood of
Maintenance Way Employees Division/ IBT; Int'l Ass'n of
Machinists and Aerospace Workers; Int'l Ass'n of Sheet
Metal, Air, Rail and Transportation Workers - Transp. Div.;
Transporation Communications Union; Northern California
Carpenters Regional Council
Service Area Provider : Caltrain Commuter Rail
Employee Representation
American Train Dispatchers Ass'n; Brotherhood of
Locomotive Engineers/IBT; Brotherhood of Maintenance
Way Employees Division/ IBT; Brotherhood of Railroad
Signalmen; Brotherhood Railway Carmen Division/TCU;
Int'l Ass'n of Machinists and Aerospace Workers; Int'l
Brotherhood of Boilermakers, Iron Ship Builders,
Blacksmiths, Forgers, and Helpers; Int'l Brotherhood of
Electrical Workers - Rail Div.; National Conference of
Firemen and Oilers; Int'l Ass'n of Sheet Metal, Air, Rail and
Transportation Workers - Transp. Div.; Transport Workers
Union; Int'l Ass'n of Sheet Metal, Air, Rail and
Transportation Workers - Mech. Div.

Protections
Operating Assistance, if any: National Model Agreement
dated 07/23/1975 as addended by paragraph 9 of the
04/09/1975 agreement
Capital Assistance, if any: Agreement dated 04/09/1975 as
supplemented by 09/08/1980 and 09/18/1980 side letters.
Capital and Operating Assistance: National Model
Agreement dated 07/23/1975 , excluding paragraph 22 for
capital portions
Capital and Operating Assistance: Unified Protective
Arrangement dated 01/03/2011
Protections
Capital and Operating Assistance: Unified Protective
Arrangement dated 01/03/2011

Protections
Capital and Operating Assistance: Unified Protective
Arrangement dated 01/03/2011

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GRANTEE: Alameda-Contra Costa Transit District
Employee Representation

Protections

Service Area Provider : Capitol Corridor
Employee Representation
Protections
Brotherhood of Locomotive Engineers/IBT; Brotherhood of Capital and Operating Assistance: Unified Protective
Maintenance Way Employees Division/ IBT; Independent
Arrangement dated 01/03/2011
Railway Supervisors Ass'n; Int'l Ass'n of Bridges, Structural,
Ornamental and Reinforcing Iron Workers; Int'l Ass'n of
Machinists and Aerospace Workers; Int'l Brotherhood of
Boilermakers, Iron Ship Builders, Blacksmiths, Forgers, and
Helpers; Int'l Brotherhood of Electrical Workers - Rail Div.;
National Conference of Firemen and Oilers; Int'l Ass'n of
Sheet Metal, Air, Rail and Transportation Workers - Mech.
Div.; Int'l Ass'n of Sheet Metal, Air, Rail and Transportation
Workers - Transp. Div.; Transport Workers Union;
Transporation Communications Union
Service Area Provider : City and County of San Francisco Municipal Transit Agency
Employee Representation
Protections
Transport Workers Union Local 250A
Capital and Operating Assistance: Unified Protective
Arrangement dated 01/03/2011
Service Area Provider : City of East Palo Alto
Employee Representation
Protections
Int'l Brotherhood of Teamsters Local 665
Capital and Operating Assistance: Unified Protective
Arrangement dated 01/03/2011
Service Area Provider : City of Fairfield
Employee Representation
Protections
Amalgamated Transit Union Local 256
Capital and Operating Assistance: Unified Protective
Arrangement dated 01/03/2011
Service Area Provider : City of Union City
Employee Representation
Protections
Int'l Brotherhood of Teamsters Local 70
Capital and Operating Assistance: Unified Protective
Arrangement dated 01/03/2011
Service Area Provider : Golden Gate Bridge, Highway And Transportation District
Employee Representation
Protections
Inlandboatmen's Union of the Pacific (N. CA); Int'l Ass'n of Capital and Operating Assistance: Unified Protective
Machinists and Aerospace Workers; Marine Engineers'
Arrangement dated 01/03/2011
Beneficial Ass'n California; Amalgamated Transit Union
Local 1575
Service Area Provider : Livermore-Amador Valley Transit Authority
Employee Representation
Protections
Int'l Brotherhood of Teamsters Local 70
Capital and Operating Assistance: Unified Protective
Arrangement dated 01/03/2011
Service Area Provider : Napa County Transportation Planning Agency
Employee Representation
Protections
Service Employees Int'l Union Local 614; Int'l Brotherhood Capital and Operating Assistance: Unified Protective
of Teamsters Local 315
Arrangement dated 01/03/2011

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GRANTEE: Alameda-Contra Costa Transit District
Employee Representation

Protections

Service Area Provider : San Francisco Bay Area Rapid Transit District
Employee Representation
Protections
BART Police Managers Ass'n; BART Police Officers Ass'n; Capital and Operating Assistance: Unified Protective
Amalgamated Transit Union Local 1555; Service Employees Arrangement dated 01/03/2011
Int'l Union Local 390; American Federation of State, County
and Municipal Employees Local 3993
Service Area Provider : San Francisco Bay Area Water Emergency Transportation Authority
Employee Representation
Protections
Inlandboatmen's Union of the Pacific (N. CA); Marine
Capital and Operating Assistance: Unified Protective
Engineers' Beneficial Ass'n California; Int'l Organization of Arrangement dated 01/03/2011
Masters, Mates and Pilots-Pacific Maritime Region
Service Area Provider : San Mateo County Transit District
Employee Representation
Protections
Amalgamated Transit Union Local 1225; Amalgamated
Capital and Operating Assistance: Unified Protective
Transit Union Local 1574
Arrangement dated 01/03/2011
Service Area Provider : Santa Clara Valley Transportation Authority
Employee Representation
Protections
American Federation of State, County and Municipal
Capital and Operating Assistance: Unified Protective
Employees; Service Employees Int'l Union Local 521;
Arrangement dated 01/03/2011
Amalgamated Transit Union Local 265; Int'l Fed'n of Prof'l
and Technical Engineers Local 21 (Santa Clara Co. Eng'rs
and Architects Ass'n)
Service Area Provider : Solano County Transit
Employee Representation
Protections
Int'l Brotherhood of Electrical Workers; Amalgamated
Capital and Operating Assistance: Unified Protective
Transit Union Local 192
Arrangement dated 01/03/2011
Service Area Provider : Western Contra Costa Transit Authority
Employee Representation
Protections
Int'l Brotherhood of Teamsters Local 315
Capital and Operating Assistance: Unified Protective
Arrangement dated 01/03/2011

The Department of Labor makes the certification called for under the statute for the instant project
on condition that:

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1.

As a precondition to the release of assistance, this letter and the terms and conditions
of the protective arrangements referenced above shall be made applicable to the
instant project and made part of the contract of assistance between the Grantee and
the U. S. Department of Transportation, by reference;

2.

The term "project" as used in each of the respective protective arrangements
referenced above shall be deemed to cover and refer to those portions of the instant
project to which they have been applied;

3.

The protective arrangements certified by the Secretary of Labor are intended for the
primary and direct benefit of transit employees in the service area of the project.
These employees are intended third-party beneficiaries to the employee protective
arrangements referenced in the grant contract between the U.S. Department of
Transportation and the Grantee, and the parties to the contract so signify by
executing that contract. Such transit employees are also third-party beneficiaries to
the protective arrangements incorporated in any subsequent contract(s) of assistance
between the Grantee and any Recipient(s). Employees not represented by any labor
organization, or if so represented through their representative on their behalf, may
assert claims with respect to the protective arrangements under this provision. This
clause creates no independent cause of action against the United States Government;

4.

Disputes over the interpretation, application and enforcement of the terms and
conditions of the certified protective arrangements, including those disputes arising
out of this letter of certification, shall be resolved in accordance with the procedures
specified in the aforementioned certified arrangements; and

5.

Employees of mass transportation providers in the service area of the project who are
not represented by a union designated above shall be afforded substantially the same
levels of protections as are afforded to the employees represented by the union(s)
under the above referenced protective arrangements and this certification. Such
protections include procedural rights and remedies as well as protections for
individual employees affected by the project.
Should a dispute remain after exhausting any available remedies under the protective
arrangements and absent mutual agreement to utilize another final and binding
resolution procedure, any party to the dispute may submit the controversy to final
and binding arbitration. With respect to a dispute involving a union not designated
above, if a component of its parent union is already subject to a protective
arrangement, the arbitration procedures of that arrangement will be applicable. If no
component of its parent union is subject to the arrangements, the Recipient or the
union may request the American Arbitration Association to furnish an arbitrator and
administer a final and binding resolution of the dispute under its Labor Arbitration
Rules. If the employees are not represented by a union for purposes of collective
bargaining, the Recipient or employee(s) may request the Secretary of Labor to
designate a neutral third party or appoint a staff member to arbitrate and render a
final and binding determination of the dispute.

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