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Abstract

The purpose of this Article is to highlight lessons that may be learned from the area of labor protection in urban mass transit. Public transportation is quite relevant to the issues of federal influence on local public service delivery, because the local transit industry is presently governed my the Urban Mass Transportation Act (UMT Act). This Article traces the development of federal intervention in the urban mass transit industry. This Article goes on to review labor relations in urban mass transit and the policy of federal labor protection. It also examines section 13(c) of the UMT Act. This Article considers the alternative models of social ordering that have developed because of the rapid rise in governmental, particularly federal, involvement in public transportation, and the resulting complications. Further, this Article examines the theoretical foundations of proposals for changing the social order and applies these concepts to the transportation industry. Finally, this Article addresses the judicial role in social ordering. It criticizes the current trend of the case law and sets forth an alternative framework for the future endeavor.

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