SECTION 13(C) LABOR PROTECTIVE AGREEMENTS AND PARATRANSIT: RETHINKING LABOR DEPARTMENT POLICY

This history of application of UMTA Act Section 13(c) labor protective agreements to paratransit service and the legal implications of such steps are discussed. UMTA financial aid has been legislatively conditioned upon certification by the Labor Department that adequate protective arrangements have been made for mass transportation workers in the grantee's area, insuring that they will not lose collective bargaining rights or suffer adverse economic effects. Special problems arise in paratransit. What was originally a worker protective arrangement appears in danger of becoming a union protective device that threatens free development of flexible and responsive local transportation systems. Grant applicants may bargain away the interests of its taxpaying constituents in low-cost public transport services and the rights of any newly hired workers to accept or reject specific union representation. The author advocates that the specifically bargained agreement be dispensed with whenever possible and the Labor Department more readily use its certification authority to counterbalance unfair bargaining advantage to foster development of sound, responsive public transportation systems.

  • Corporate Authors:

    University of Kansas, Lawrence

    School of Law, Room 510, Green Hall
    Lawrence, KS  United States  66045
  • Authors:
    • Wickham, D Q
  • Publication Date: 1978

Media Info

  • Pagination: p. 63-83
  • Serial:
    • Kansas Law Review
    • Volume: 27
    • Issue Number: 1
    • Publisher: University of Kansas, Lawrence

Subject/Index Terms

Filing Info

  • Accession Number: 00386352
  • Record Type: Publication
  • Report/Paper Numbers: Reprint
  • Files: TRIS
  • Created Date: Jun 28 1984 12:00AM