Sections 99268.3, 99268.4, and 99268.9 may be waived by the transportation planning agency with respect to an operator during any fiscal year in which both of the following occurred, if the waiver is necessary to enable the operator to provide vital public transportation services:
(a) The operator sustained two separate work stoppages for 15 days or longer due to labor disputes.
(b) At least one of the work stoppages was not related to a labor dispute with the operator.