AN INQUIRY INTO THE APPLICATION OF SECTION 13 (C) LABOR PROTECTIVE STANDARDS INCLUDING LABOR PROBLEMS RESULTING FROM NEW TECHNOLOGY

THE REPORT IS A DETAILED LEGAL ANALYSIS OF THE LABOR PROTECTIVE STANDARDS CONTAINED IN SECTION 13(C) OF THE URBAN MASS TRANSPORTATION ACT OF 1964. THIS LEGISLATION DELINEATED PROVISIONS FOR ADMINISTERING TRANSPORTATION ASSISTANCE GRANTS BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). APPLICATION OF EARLIER RULINGS IS FRUSTRATED BY THEIR RELATIVELY VAGUE LANGUAGE CONCERNING WHO IS PROTECTED AND UNDER WHAT CIRCUMSTANCES. THE STATUS OF TRANSIT EMPLOYEES IS EXPLORED IN DETAIL, WITH EMPHASIS GIVEN TO THE EFFECTS OF A RECENT TREND TOWARDS PUBLIC OWNERSHIP OF MUNICIPAL TRANSPORTATION SYSTEMS. THE AUTHORS NOTE RELEVANT COLLECTIVE BARGAINING AND UNIONIZATION PROVISIONS WHICH APPLY TO PUBLIC EMPLOYEES OF THE TRANSIT INDUSTRY. A PRINCIPAL CONCERN IN THIS DISCUSSION IS THE RIGHT TO TRANSIT WORKERS TO STRIKE; TWO BASIC ARGUMENTS ARE ADVANCED AGAINST ENFORCEMENT OF CONVENTIONAL NO-STRIKE LAWS FOR MUNICIPAL EMPLOYEES. THESE INCLUDE: (1) PUBLIC OWNERSHIP SHOULD NOT ALTER THE LEGALITY OF WORK STOPPAGES OTHERWISE PERMITTED AGAINST PRIVATELY OWNED TRANSIT COMPANIES; AND (2) TRANSIT STRIKES RESULT ONLY IN A PUBLIC INCONVENIENCE AND DO NOT THREATEN THE HEALTH, SAFETY, OR WELFARE OF THE MUNICIPALITY. THE AUTHORS NOTE, HOWEVER, THAT TECHNOLOGICAL TRENDS IN THE INDUSTRY WILL PRODUCE HIGHLY COMPLEX, INTEGRATED TRANSIT SYSTEMS IN WHICH SERVICE DISRUPTIONS MAY SEVERLY CONTRAVENE THE PUBLIC INTEREST. THE POTENTIAL FOR MODIFIED COLLECTIVE BARGAINING ARRANGEMENTS AND/OR ARBITRATION IS EXAMINED IN DETAIL. APPLICATION OF SECTION 13(C) IS ALSO DISCUSSED WITH REFERENCE TO WORKERS DISPLACED BY HUD-ASSISTED PROGRAMS. THE PROVISIONS ARE STRUCTED TO MINIMIZE THE IMPACT OF SPECIFIC PROJECTS ON EXISTING EMPLOYMENT AND TO ADEQUATELY COMPENSATE THOSE WORKERS WHO MAY BE ADVERSELY AFFECTED. THE CHARACTER OF TRANSIT UNIONISM AND THE UTILIZATION OF "JOB FREEZES" IN THIS CONTEXT ARE EXAMINED. IN ADDITION, THE REPORT SEEKS TO DEVELOP MEANINGFUL STANDARDS FOR DETERMINING CONDITIONS UNDER WHICH DISPLACED EMPLOYEES MAY RIGHTFULLY SUE FOR COMPENSATION UNDER SECTION 13(C). THE REPORT ANALYZES LEGAL PRECEDENTS DEALING WITH "PROXIMATE CAUSATION" AS A VIABLE CRITERION. THE AUTHORS DO NOT ATTEMPT TO ADVANCE SPECIFIC GUIDELINES FOR ADMINISTRATION OF THE LABOR PROTECTIVE CLAUSES; RATHER, THEY ATTEMPT TO DESCRIBE THE CONTEXT IN WHICH SUCH DECISIONS WILL BE MADE. /UMTA/

  • Supplemental Notes:
    • PROJ NO MASS-MTD-4
  • Corporate Authors:

    Harvard University

    Cambridge, MA  USA  02138
  • Publication Date: 0

Subject/Index Terms

Filing Info

  • Accession Number: 00238943
  • Record Type: Publication
  • Source Agency: Urban Mass Transportation Administration
  • Files: TRIS, USDOT
  • Created Date: Jan 3 1982 12:00AM