                                 CODE OF VIRGINIA

PROTECTION OF EMPLOYEES OF PUBLIC TRANSPORTATION SYSTEMS (§ 33.2-1917)

In any county or city, the commission referred to in § 33.2-1915, in addition
to other prohibitions, shall not operate any such transit facility, or otherwise
provide or cause to be provided any transportation services, unless fair and
equitable arrangements have been made for the protection of employees of
existing public transportation systems in the transportation district or in the
metropolitan area in which the transportation district is located. Such
protections shall include (i) assurances of employment to employees of such
transportation systems to the fullest extent possible consistent with sound
management, and priority of employment or, if terminated or laid off,
reemployment; (ii) preservation of rights, privileges, and benefits, including
continuation of pension rights and benefits, under existing collective
bargaining agreements or otherwise; (iii) continuation of collective bargaining
rights; (iv) protection of individual employees against a worsening of their
positions with respect to their employment, to the extent provided by 49 U.S.C.
§ 5333 (b), also known as § 13(c) of the Federal Transit Act; and (v) paid
training and retraining programs. Such protections shall be specified by the
commission in any contract or lease for the acquisition or operation of any such
transit facilities or services. The employees of any transit facility operated
by the commission shall have the right, in the case of any labor dispute
relating to the terms and conditions of their employment for the purpose of
resolving such dispute, to submit the dispute to final and binding arbitration
by an impartial umpire or board of arbitration acceptable to the parties.

HISTORY: 1974, c. 53, § 15.1-1357.2; 1997, c. 587, § 15.1-4517; 2014, c. 805.