National Employment Priorities Act of 1985

Summary

National Employment Priorities Act of 1985 - Requires a business to give notice, with an economic impact statement, to the Secretary of Labor and to affected employees, labor organizations, and local governments whenever such business intends a change of operations which will result in an employment loss of the lesser of 100, or of 15 percent, of the employees at such establishment in any 18-month period. Requires, with exceptions, that such notice be given within specified periods of time (varying according to the number of employees affected) before the reduction of weekly wages or suspension or termination of employment of any employee. Directs the Secretary to investigate and hold public hearings on specified matters related to such change upon receipt of a written request for such investigation from an affected labor organization or from at least ten percent of the employees at such establishment. Requires such request to be made within 60 days of receipt of notice. Authorizes the Secretary to investigate and hold closed hearings on such matters, without regard to whether such notice is given, upon: (1) a determination that such investigation would serve the purpose of this Act; or (2) a request from at least 50 percent of such employees. Empowers the Secretary to issue subpoenas for witnesses and evidence in such investigations. Directs the Secretary to prepare and publish a report of such investigation. Makes employees who accept employment with such businesses, with knowledge that such notice has been given, ineligible for specified assistance under this Act. Requires such businesses to give written statements of employment status to employees whose weekly wages are lowered by a specified amount or who are suspended or terminated. Specifies that an employee will be deemed to suffer an employment loss if a business fails to: (1) give such a statement of status to an employee; or (2) include in such statement an assurance of increased wages or reinstatement. Requires a business which gives such assurance, yet fails to prevent such employment loss, to pay such employee a lump sum in a specified amount in addition to other required payments. Requires a business, for a 52-week period following an employment loss, to make payments: (1) to the employee in a weekly income maintenance payment equal to 85 percent of such employee's wage rate or 100 percent of such rate while such employee participates in specified training programs; and (2) to specified employment benefit plans for such employees. Sets forth conditions under which such payments may be reduced or limited. Declares that such payments are not to be deemed wages for all other purposes, including specified employee benefit plans. Requires such businesses to pay moving expenses for employees who resume employment with the same businesses within three years. Requires such businesses to continue weekly income maintenance payments to employees between 53 and 61 years of age when the 52-week payment period expires. Directs the Secretary to reimburse such businesses for such continued payments. Directs the Secretary to make transitional assistance payments to employees, upon their request, whenever a business fails to make such payments. Provides that the amount of such payments shall then be owed, with interest, to the United States by such business. Makes a business, which transfers ownership or control of an establishment to avoid liability for transitional assistance payments, liable to the United States for a specified amount if the owning or controlling business fails to provide such assistance. Requires such businesses to offer employees who suffer an employment loss any available employment, with equivalent wages and benefits, at any establishment of such businesses for a three-year period after such employment loss. Sets forth such former employees' rights to credits and benefits in employee benefit plans and such businesses' liability for payments to such plans. Provides that specified violations shall be deemed violations of the Employee Retirement Income Security Act of 1974, for which civil actions may be brought. Directs the Secretary, in consultation with specified groups, to implement a comprehensive assistance program (including existing or new programs of job training, job placement, and payments for job search and moving expenses) for employees who suffer or may suffer employment loss. Authorizes the Secretary to develop and implement retraining programs and to condition specified assistance to businesses upon their implementation of such programs. Directs the Secretary to issue certificates of Federal procurement credit to businesses which comply with this Act for appropriate periods if the Secretary finds that such assistance would provide additional employment opportunities through the cooperating businesses. Sets forth conditions of eligibility for assistance of businesses, local governments, and certain employers or cooperative associations of employees. Authorizes the Secretary to provide specified forms of such assistance, giving priority to those which enable employees to continue at their present establishment. Makes such businesses liable to local governments which lose revenue because of such changes of operations. Sets forth formulas for determining the amount of such liability. Directs the Secretary to pay such amounts to local governments if a business fails to do so (with such amount to be owed, with interest, to the United States by such business). Makes businesses which transfer operations to an establishment outside the United States, when an economically viable alternative to such transfer exists, liable to the United States for lost revenues according to specified formulas. Enumerates violations of employees' rights and remedies for such violators. Sets forth criminal and civil penalties. Directs the Secretary to take certain actions to prevent fraud and to secure loans. Provides procedures for congressional disapproval of rules promulgated by the Secretary. Provides that the Congress may disapprove a rule by concurrent resolution within a 30-day period during which it is in session. Directs the Secretary to make specified reports and legislative proposals to the Congress. Sets forth general powers of the Secretary in carrying out this Act. Directs the Secretary to implement this Act through the National Employment Priorities Administration. Establishes the National Employment Priorities Administration in the Department of Labor to: (1) perform such delegated functions, powers, and duties; (2) conduct research on the relationship between unemployment and changes of business operations; and (3) identify services and products which may profitably be provided by businesses receiving specified assistance. Establishes the National Employment Priorities Advisory Council to: (1) advise and assist the Secretary in carrying out this Act; (2) evaluate programs under this Act; (3) study and report on those areas of future economic activity in which the United States will be at a competitive disadvantage and on industries in which many businesses may change operations; and (4) research and propose new assistance programs for employees, local governments, and businesses. Authorizes appropriations.

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

Timeline

1. 3 January 1985

   Introduced

   Referred to House Committee on Banking, Finance and Urban Affairs.

   Source: IntroReferral

2. 3 January 1985

   Introduced

   Introduced in House

   Source: IntroReferral

3. 3 January 1985

   Introduced

   Introduced in House

   Source: IntroReferral

4. 11 February 1985

   Referred

   Referred to Subcommittee on Economic Stabilization.

   Source: Committee

5. 4 March 1985

   Referred

   Referred to Subcommittee on Labor-Management Relations.

   Source: Committee

Votes

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Versions

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Documents

1 official file

• Introduced in House

  summary · EN · 3 January 1985

  Open at official source

Sponsors

• Rep. Roe, Robert A. [D-NJ-8] · D · Sponsor
• · hsed00 · Standing
• · hsba00 · Standing

Related records

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