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B-192303 1 (1978-12-18)

handle is hein.gao/gaobadgsk0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, 0.C. 20548 L ~. ITL FILE: B-192303 DATE: December 18, 1978 MATTER PF: Employee Protective Benefits under the Urban Mass Transportation Act DIGEST: 1. New Jersey State Commissioner of Transportation is not relieved of'6ligation to make fair and equitable employee job protection arrangements for employees o as-dete-rmine-byh-e-Secretary- of Labor as prerequisitet > O o awar-d-e-f-eme-r-genc--F-e de-a-1-f-inancial--ass ist-a-ee-an-de-r-th e UrkuMa~ss.T-rans~p.ortation)et(11MTA)4.9-USrC-- 1601 _>et. seq., even though some employees may already be covered T employee protective arrangements under the Regional Rail Reorganization Act, (R-P-R-A-)-4--US§67YQ1et. Treq. 'Employee protective requirement under UMTA is mandatBry and cannot be waived. 2. Eligible employees otate railroad operatin agency are not required to exhaust protective benefits under egional Rail Reorganization Act before applying for similar benefits under the Urban Mass Transportation Act Neither statute requires such an election of remedies. 3.TLh lway4abor Executives' Association (RLEA), a labororganization representing railway employees which nego- tiated employee protective arrangements with New Jersey State bI Obmmuter Operating Agency (COA), pursuant to requirements Ti in the Urban'Mass Transportation Act, 4-9-U-S--C---61-etq. TA1questions the Comptroller General's authority to rTuIe on certain legal issues raised by the New Jersey Commissioner of T ansportation concerning UIVJ . Under provisions of 31 U. . C. §§ 4, 71, 74, and 82d, t Comptroller General has een charged with thdesponsibTility of rendering decisions concerning the legality of appropriated fund expenditures involved in the-sue raised by th o ssioner q This action is in response to a request from the Honorable Louis J. Gambaccini, Commissioner of Transportation, State of New Jersey, for a ruling on certain issues involving the statutory en- titlement to job protection and benefits of railway employees who are adversely affected by adjustments made by grantees with funds received under the Urban Mass Transportation Act of 1964 (UMTA), 49 U. S. C. S 1601 et. seq. ~pC7 pa&A+O

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