§ 5333. — Labor standards.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5333]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 53--MASS TRANSPORTATION
Sec. 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, 5318(d), 5323(a)(1), (b),
(d), and (e), 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, 5318(d),
5323(a)(1), (b), (d), and (e), 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;
(B) the continuation of collective bargaining rights;
(C) the protection of individual employees against a worsening
of their positions related to employment;
(D) assurances of employment to employees of acquired mass
transportation systems;
(E) assurances of priority of reemployment of employees whose
employment is ended or who are laid off; and
(F) paid training or retraining programs.
(3) Arrangements under this subsection shall provide benefits at
least equal to benefits established under section 11326 of this title.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 835; Pub. L. 104-
88, title III, Sec. 308(e), Dec. 29, 1995, 109 Stat. 947; Pub. L. 105-
178, title III, Sec. 3029(b)(9), June 9, 1998, 112 Stat. 372; Pub. L.
107-217, Sec. 3(n)(3), Aug. 21, 2002, 116 Stat. 1302.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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5333(a)............................... 49 App.:1609(a), (b). July 9, 1964, Pub. L. 88-365, Sec. 13,
78 Stat. 307; Sept. 8, 1966, Pub. L.
89-562, Sec. 2(a)(1), (b)(2), 80
Stat. 715, 716; May 25, 1967, Pub. L.
90-19, Sec. 20(a), 81 Stat. 25.
5333(b)............................... 49 App.:1609(c).
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In subsection (a), the words ``take such action as may be necessary
to'', ``the performance of'', ``the assistance of'', and ``at rates''
are omitted as surplus. The word ``same'' is added for clarity. The
words ``duties and powers'' are substituted for ``authority and
functions'' for consistency in the revised title and with other titles
of the United States Code.
In subsection (b)(1), the reference to sections 5307, 5308, 5310,
and 5311 of the revised title is added for clarity because of 49
App.:1607a(e)(1), 1607a-2(a), 1612(b), and 1614(f), restated as sections
5307(n)(2), 5308(b)(1), 5310(a), and 5311(i) of the revised title. The
reference to section 5312 is added for clarity because it is intended
that 49 App.:1609(c) cover research, development, training, and
demonstration projects. The words ``terms and conditions of the
protective'' are omitted as surplus.
In subsection (b)(2), before clause (A), the words ``without being
limited to'' are omitted as being included in ``include''. The words
``such provisions as may be necessary for'' are omitted as surplus. In
clause (C), the word ``individual'' is omitted as surplus.
In subsection (b)(3), the words ``section 11347 of this title'' are
substituted for and coextensive with ``section 5(2)(f) of the Act of
February 4, 1887 (24 Stat. 379), as amended'' in section 13(c) of the
Urban Mass Transportation Act of 1964 (Public Law 88-365, 78 Stat. 307)
on authority of section 3(b) of the Act of October 17, 1978 (Public Law
95-473, 92 Stat. 1466).
References in Text
Reorganization Plan No. 14 of 1950, referred to in subsec. (a), is
set out in the Appendix to Title 5, Government Organization and
Employees.
Amendments
2002--Subsec. (a). Pub. L. 107-217 substituted ``sections 3141-3144,
3146, and 3147 of title 40'' for ``the Act of March 3, 1931 (known as
the Davis-Bacon Act) (40 U.S.C. 276a--276a-5)'' and ``section 3145 of
title 40'' for ``section 2 of the Act of June 13, 1934 (40 U.S.C.
276c)''.
1998--Subsec. (b)(1). Pub. L. 105-178 substituted ``5338(b)'' for
``5338(j)(5)'' in two places.
1995--Subsec. (b)(3). Pub. L. 104-88 substituted ``11326'' for
``11347''.
Effective Date of 1995 Amendment
Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2 of
Pub. L. 104-88, set out as an Effective Date note under section 701 of
this title.
Section Referred to in Other Sections
This section is referred to in sections 5307, 5311, 5323, 5334, 5336
of this title; title 23 sections 106, 182, 322.
