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CITY OF COLORADO SPRINGS v. SOLIS

No. 09-1029.

589 F.3d 1121 (2009)

CITY OF COLORADO SPRINGS, Plaintiff-Appellant, v. Hilda L. SOLIS, in her capacity as Secretary of the United States Department of Labor; United States Department of Labor, Defendants-Appellees, Amalgamated Transit Union Local 19, Intervenor-Appellee.

United States Court of Appeals, Tenth Circuit.

December 23, 2009.

Attorney(s) appearing for the Case

Submitted on the briefs:**

Patricia K. Kelly, City Attorney, Robert J. Mack, Assistant City Attorney, Office of the City Attorney, Colorado Springs, CO, for the Appellant.

Tony West, Assistant Attorney General, David M. Gaouette, Acting United States Attorney, William Kanter, Robert D. Kamenshine, Attorneys, Appellate Staff Civil Division, Department of Justice, Washington, D.C., for the Appellees.

Thomas B. Buescher, Buescher, Goldhammer, Kellman & Dodge, P.C., Denver, CO. Jeffrey R. Freund, John M. West, Jennifer L. Hunter, Daniel A. Zibel, Bredhoff & Kaiser, P.L.L.C., Washington, D.C., for Intervenor-Appellee.

Before TACHA, ANDERSON, and EBEL, Circuit Judges.

EBEL, Circuit Judge.

Section 13(c) of the Urban Mass Transportation Act of 1964 ("UMTA"), now codified at 49 U.S.C. § 5333(b), requires state and local governments seeking federal financial assistance for transit operations to have in place "fair and equitable" provisions for the protection of employees. Each time an applicant requests funds from the Federal Transit Administration ("FTA") under UMTA, the Secretary of Labor must certify that § 13(c) is satisfied...

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