Labor-Management Notification and Consultation Act of 1985

Summary

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 permanent 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. Provides for extension of such notification period thus prohibiting the ordering of such closing or layoff while the employer is subject to an order to continue to consult. Prohibits an employer from ordering a plant closing or permanent 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 representative 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. Authorizes the Service to renew any such extension imposed. 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 Service to issue protective orders to prevent disclosure of information which could compromise the employer's competitive position. Sets forth provisions for the administration and enforcement of requirements under this Act. Provides for: (1) assistance by the Service to employers, employee representatives, affected employees, State employment services, and other State and local officials; (2) investigations and injunctive actions by the Department of Labor; (3) civil actions against employers; and (4) civil actions against representatives of employees. 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, because affected employees do not have a representative, are not required to comply with the consultation and disclosure requirements under this Act should consult with and disclose information to such employees in order to reach a mutually satisfactory alternative or modification of the 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.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 20 March 1985

   Introduced

   Referred to House Committee on Education and Labor.

   Source: IntroReferral

2. 20 March 1985

   Introduced

   Introduced in House

   Source: IntroReferral

3. 20 March 1985

   Introduced

   Introduced in House

   Source: IntroReferral

4. 8 April 1985

   Referred

   Referred to Subcommittee on Labor-Management Relations.

   Source: Committee

5. 14 May 1985

   Committee

   Executive Comment Requested from Labor.

   Source: Committee

6. 15 May 1985

   Committee

   Subcommittee Hearings Held.

   Source: Committee

7. 26 June 1985

   Committee

   Forwarded by Subcommittee to Full Committee (Amended).

   Source: Committee

8. 26 June 1985

   Committee

   Subcommittee Consideration and Mark-up Session Held.

   Source: Committee

9. 23 July 1985

   Reported

   Ordered to be Reported (Amended).

   Source: Committee

10. 23 July 1985

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

11. 29 October 1985

    Calendars

    Placed on Union Calendar No: 201.

    Source: Calendars

12. 29 October 1985

    Reported

    Reported to House (Amended) by House Committee on Education and Labor. Report No: 99-336.

    Source: Committee

13. 29 October 1985

    Reported

    Reported to House (Amended) by House Committee on Education and Labor. Report No: 99-336.

    Source: Committee

14. 7 November 1985

    Reported

    Rules Committee Resolution H.Res.313 Reported to House.

    Source: Floor

15. 7 November 1985

    Floor

    Committee on Rules Granted an Open Rule Providing One Hour of General Debate.

    Source: Floor

16. 12 November 1985

    Floor

    Called up by House by Rule.

    Source: Floor

17. 12 November 1985

    Passed

    Rule Passed House.

    Source: Floor

18. 14 November 1985

    Floor

    Considered by House Unfinished Business.

    Source: Floor

19. 21 November 1985

    Vote

    Failed of Passage in House by Yea-Nay Vote: 203 - 208 (Record Vote No: 421).

    Source: Floor

20. 21 November 1985

    Vote

    Failed of passage/not agreed to in House: Failed of Passage in House by Yea-Nay Vote: 203 - 208 (Record Vote No: 421).

    Source: Floor

21. 21 November 1985

    Passed

    House Agreed to Amendments Adopted by the Committee of the Whole.

    Source: Floor

22. 21 November 1985

    Floor

    Committee Amendment in the Nature of a Substitute Considered as an Original Bill for the Purpose of Amendment.

    Source: Floor

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

2 official files

• Reported to House with amendment(s)

  summary · EN · 29 October 1985

  Open at official source

• Introduced in House

  summary · EN · 20 March 1985

  Open at official source

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Sponsors

• Rep. Ford, William D. [D-MI-13] · D · Sponsor
• Rep. Conte, Silvio O. [R-MA-1] · R · Sponsor
• Rep. Clay, William (Bill) [D-MO-1] · D · Sponsor
• Rep. Perkins, Carl C. [D-KY-7] · D · Cosponsor
• Rep. Boland, Edward P. [D-MA-2] · D · Cosponsor
• Rep. Rodino, Peter W., Jr. [D-NJ-10] · D · Cosponsor
• Rep. Dingell, John D. [D-MI-12] · D · Cosponsor
• Rep. Dellums, Ronald V. [D-CA-9] · D · Cosponsor
• Rep. Hawkins, Augustus F. [D-CA-29] · D · Cosponsor
• Rep. Horton, Frank J. [R-NY-29] · R · Cosponsor
• Rep. Lloyd, Marilyn [D-TN-3] · D · Cosponsor
• Rep. Bedell, Berkley W. [D-IA-6] · D · Cosponsor
• Rep. Kildee, Dale E. [D-MI-5] · D · Cosponsor
• Rep. Conyers, John, Jr. [D-MI-13] · D · Cosponsor
• Rep. Traficant, James A., Jr. [D-OH-17] · D · Cosponsor
• Sen. Markey, Edward J. [D-MA] · D · Cosponsor
• Rep. Owens, Major R. [D-NY-11] · D · Cosponsor
• Rep. Coyne, William J. [D-PA-14] · D · Cosponsor
• Rep. Savage, Gus [D-IL-2] · D · Cosponsor
• Rep. Oakar, Mary Rose [D-OH-20] · D · Cosponsor
• Rep. Rangel, Charles B. [D-NY-15] · D · Cosponsor
• Rep. Downey, Thomas J. [D-NY-2] · D · Cosponsor
• Rep. Moakley, John Joseph [D-MA-9] · D · Cosponsor
• Del. Fauntroy, Walter E. [D-DC-At Large] · D · Cosponsor
• Rep. Ford, Harold E. [D-TN-9] · D · Cosponsor
• Rep. Stokes, Louis [D-OH-11] · D · Cosponsor
• Rep. Martinez, Matthew G. [D-CA-31] · D · Cosponsor
• Rep. Traxler, Bob [D-MI-8] · D · Cosponsor
• Rep. Levin, Sander M. [D-MI-12] · D · Cosponsor
• Rep. Mitchell, Parren J. [D-MD-7] · D · Cosponsor
• Rep. Roybal, Edward R. [D-CA-25] · D · Cosponsor
• Rep. Boehlert, Sherwood [R-NY-24] · R · Cosponsor
• Rep. Russo, Martin A. [D-IL-3] · D · Cosponsor
• Rep. Mavroules, Nicholas [D-MA-6] · D · Cosponsor
• Rep. Weiss, Ted [D-NY-17] · D · Cosponsor
• Rep. Edgar, Robert W. [D-PA-7] · D · Cosponsor
• Rep. Biaggi, Mario [D-NY-19] · D · Cosponsor
• Rep. Hertel, Dennis M. [D-MI-14] · D · Cosponsor
• Rep. Schroeder, Patricia [D-CO-1] · D · Cosponsor
• Rep. Bonior, David E. [D-MI-10] · D · Cosponsor
• Rep. Dymally, Mervyn M. [D-CA-31] · D · Cosponsor
• Rep. Oberstar, James L. [D-MN-8] · D · Cosponsor
• Rep. Kleczka, Gerald D. [D-WI-4] · D · Cosponsor
• Rep. Frank, Barney [D-MA-4] · D · Cosponsor
• Rep. Hayes, Charles A. [D-IL-1] · D · Cosponsor
• Rep. Richardson, Bill [D-NM-3] · D · Cosponsor
• Rep. Levine, Mel [D-CA-27] · D · Cosponsor
• Rep. Evans, Lane [D-IL-17] · D · Cosponsor

Showing 48 of 176 sponsors and actors.

Related records

• related to → A resolution providing for the consideration of the bill (H. R. 1616) to require employers to notify and consult with employees before ordering a plant closing or permanent layoff.
• amends ← An amendment to the Ford (MI) substitute amendment to strike the provisions that provide for 1) consultation required before plant closing and mass layoffs, 2) duty to disclose information during consultation, 3) assistance by the Federal Mediation and Conciliation Service, and 4) administration and enforcement of requirements.
• amends ← An amendment to the Ford (MI) substitute amendment. The Bartlett amendment strikes provisions for 1) consultation required before plant closings and mass layoffs, 2) duty to disclose information during consultation. It also strikes 3) provisions for civil actions against employees or representatives of employees under the substitute's provisions for administration and enforcement of requirements.
• amends ← A substitute amendment on a previous legislative day striking all after the enacting clause and inserting a next text.
• amends ← An amendment to the Ford (MI) substitute. The substitutes a new text for the Ford (MI) amendment which covers employers of 50 or more full time employees or 50 or more employers with a total week working time of 2000 hours. A 90 day notification of plant closings or mass layoffs is required when 100 employees or 30 percent of a work force (or 50 employees, whichever is higher) are so affected. This does not apply to seasonal or parttime employees. The penalty for employers failing to make notice is limited to back pay, other forms of remedy being denied. The amendment also has a provision for the National Task Force on Economic Adjustment and Worker Dislocation.
• amends ← A substitute amendment to the Ford (MI) substitute amendment, as amended. The amendment requires 60 days notification of employers of 200 more more employees when plant closing or mass layoff at the plant affects 100 or more employees during a 30 day period. It does not cover seasonal or parttime employees. Notification is to be made to a representative of the employees. The exclusive remedy for employers failing to make notice is back pay and legal fees to the employee. It also contains provisions for the National Task Force on Economic Adjustment & Worker Dislocation.