Summary: H.R.1616 — 99th Congress (1985-1986)All Information (Except Text)

Bill summaries are authored by CRS.

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Reported to House with amendment(s) (10/29/1985)

(Reported to House from the Committee on Education and Labor with amendment, H. Rept. 99-336)

Labor-Management Notification and Consultation Act of 1985 - Prohibits any employer (i.e. any business with 50 or more employees) from ordering a plant closing or mass layoff until 90 days after the employer serves written notice of a proposal to issue such an order to: (1) the representative of the affected employees or, if none, to each affected employee; and (2) the Federal Mediation and Conciliation Service.

Provides for reduction of such notification period if the Service determines that 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 mass layoff unless the employer has: (1) met with representatives of the affected employees 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 90-day notification period. Provides that such consultation period shall be extended if the Service determines that the employer has failed to comply with such consultation requirements.

Requires the employer to disclose to the affected employees' representative information necessary for thorough evaluation of: (1) the proposal to order the closing or layoff; and (2) any alternatives or modifications suggested to such proposal. Authorizes the Secretary of Labor, on petition by the employer, to issue the employer's competitive position.

Provides for assistance by the Service to employers, employee representatives, affected employees, State employment services, and other State and local officials.

Sets forth provisions for the administration and enforcement of requirements under this Act. Provides for: (1) investigations and injunctive actions by the Department of Labor; (2) civil actions against employers; and (3) civil actions against representatives of employees. Sets forth for purposes of such administration and enforcement provisions, guidelines for determinations with respect to employment loss.

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.

Expresses the sense of the Congress that employers who are not required to comply with the consultation and disclosure requirements under this Act should consult with and disclose information to their employees about a proposal to order the closing or layoff.

Establishes a National Commission on Plant Closings and Worker Dislocation. Requires the Commission to report to the President and the Congress within 12 months of the appointment of members. Terminates the Commission 30 days after such report. Authorizes appropriations for the Commission.