A bill to require employers to notify and consult with employees and local governments before ordering a plant closing or mass layoff, to prohibit waivers of certain rights, and for other purposes.
Labor-Management Notification and Consultation Act - Prohibits any employer (i.e., any business with 50 or more employees) from ordering a plant closing or permanent layoff until the end of a specified time after the employer serves written notice of a proposal to issue such an order: (1) to representatives of the affected employees or, if none, to each affected employee; and (2) to the chief administrative officer of the local government where the closing or layoff is to take place. Specifies such governing time period to be: (1) 90 days in the case of a proposed plant closing or mass layoff involving between 50 and 100 affected employees; (2) 120 days in instances affecting between 101 and 499 employees; and (3) 180 days when 500 or more employees are affected.
Provides for reduction of such notification period if unavoidable business circumstances prevent the employer from withholding such closing or layoff until the end of such period.
Prohibits an employer from ordering a plant closing or permanent layoff unless the employer has: (1) met with representatives of the affected employees and of the local government with respect to a proposal to order such closing or layoff; and (2) consulted in good faith with such representatives for the purpose of agreeing to a mutually satisfactory alternative to or modification of such proposal. Makes such obligation to consult commence on the date of notice and continue until the end of the applicable notification period. Provides for expedited selection of a representative, for purposes of such consultation, in cases when employees are not otherwise represented.
Requires the employer to disclose to the affected employees' representative or to the representative of the local government information necessary for thorough evaluation of: (1) the proposal to order the closing or layoff; or (2) any such alternative or modifications suggested to such proposal. Specifies items that must be included in such information. Subjects public disclosure of such data to such protective orders as the Secretary of Labor may issue to prevent any disclosure which could compromise the competitive position of an employer.
Creates a civil cause of action in the U.S. district court for any employee who suffers an employment loss as a result of a plant closing or mass layoff, and for the appropriate local government in cases when the employer violates the notification or consultation requirements of this Act. Makes such an employer liable to: (1) such employee for back pay, determined in accordance with criteria cited in this Act, and the cost of related benefits, including certain medical expenses; and (2) such local government for $500 for each day of the violation.
Authorizes the court in such cases to allow the defendant to pay reasonable attorney fees, along with the costs of the action.
Provides that the rights and remedies provided to employees by this Act are in addition to any other contractual, statutory, or other legal rights and remedies of the employees.
Declares that it is the sense of Congress that any employer not subject to the notice and consultation requirements of this Act should, to the extent possible, notify, consult with, and disclose information to its employees about a proposal to close a plant or permanently reduce its work force.
Voids as against public policy any provision in an employer-employee agreement associated with a plant closing or mass layoff that conditions severance payments or any other employee benefit upon a waiver of any lawful employee rights. Establishes a civil penalty to be assessed against a person executing an agreement containing any such waiver of rights provision.
Introduced in House
Introduced in House
Referred to House Committee on Education and Labor.
Referred to Subcommittee on Labor-Management Relations.
Referred to Subcommittee on Employment Opportunities.
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