The Urban Mass Transportation Act of 1970 () added to the
Urban Mass Transportation Act of 1964 by authorizing an additional $12 billion of the same type of matching funds.
Earlier legislative attempts at establishing a federal transit funding program were opposed by labor unions because they did not protect unionized workers, and thus failed to gain sufficient support in Congress. The unions feared that public entities would take over failing privately held transportation companies and cease to recognize the union (the
National Labor Relations Act
The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and ...
does not apply to public employers). The version that finally did pass included provisions that require public entities receiving federal transit money to enter into protective agreements (often referred to as "Section 13(c) agreements") that would be approved by the Department of Labor. The Secretary of Labor must certify that the transit authority has made a "fair and equitable" labor protective arrangement before the authority can receive assistance.
Although the Federal Government is prohibited from dictating labor standards of public employees directly (''see, e.g.,''
National League of Cities v. Usery
''National League of Cities v. Usery'', 426 U.S. 833 (1976), was a case in which the Supreme Court of the United States held that the Fair Labor Standards Act could not constitutionally be applied to state governments. The decision was overruled b ...
), it can use the
power of the purse
The power of the purse is the ability of one group to manipulate and control the actions of another group by withholding funding, or putting stipulations on the use of funds. The power of the purse can be used positively (e.g. awarding extra fun ...
and refuse to grant funds to states who don't enter into these protective arrangements.
See also
*
National Mass Transportation Assistance Act The National Mass Transportation Assistance Act of 1974 is a United States federal law that extended the Urban Mass Transportation Act to cover operating costs as well as construction costs. This act was the culmination of a major lobbying effort b ...
of 1974
References
{{reflist
External links
Urban Mass Transportation Act of 1970as enacted
details in the
US Statutes at Large
The ''United States Statutes at Large'', commonly referred to as the ''Statutes at Large'' and abbreviated Stat., are an official record of Acts of Congress and concurrent resolutions passed by the United States Congress. Each act and resolutio ...
The Federal Transit Act, as Amended through August 10, 2005, and Related Laws
1970 in law
United States federal transportation legislation
United States railroad regulation
1970 in rail transport