Sec. 3. Bargaining and notice required before use of employment-changing or employment-eliminating technology
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Not later than 180 days before providing any notices under subsection (b), an employer that intends to use technology that will result in a change in employment position or an employment loss to any employees of the employer shall engage in bargaining with such employees through their chosen representative in order to ensure the technology is procured and implemented in a way that incorporates the skills and roles of the employees of the employer. An employer shall carry out the bargaining required under paragraph
(1)with— in the case of affected employees who are represented by a labor organization for purposes of collective bargaining, a representative from the labor organization; or in the case of affected employees who are not represented by a labor organization for purposes of collective bargaining, with a committee of employees who are elected by their peers for purposes of the bargaining. If an employer and the chosen representative of employees are unable to obtain an agreement under paragraph
(1)by 180 days after the commencement of the bargaining, the parties shall notify the Federal Mediation and Conciliation Service of the failure to reach agreement and request mediation. The Federal Mediation and Conciliation Service shall, upon receiving a request under subparagraph (A), promptly communicate with the parties and work to bring the parties to agreement through mediation and conciliation. A committee of employees constituted for purposes of this subsection shall not be found to constitute a labor organization, as defined in section 2 of the National Labor Relations Act ( 29 U.S.C. 152 ). An employer that intends to use technology that will result in a change in employment position for one or more employees of the employer shall, not later than 180 days before any such change in employment position, provide written notice signed by the employer’s authorized representative— of the technology, including a description of the technology, and the impact of the technology on employment positions, including which employment positions will be impacted and whether any new positions will be created; and regarding the required training that the employer will provide under section 4. The written notice under paragraph
(1)shall be— provided to each chosen representative of the affected employees, as of the date of the notice, and to each affected employee; distributed electronically if the employer customarily communicates with its employees through electronic communications; and posted publicly in conspicuous locations in the workplace, including all places where notices to employees are commonly posted by the employer. An employer that intends to use technology that will cause an employment loss for one or more employees of the employer shall, not later than 270 days before any such employment loss, provide and post written notice that includes the information described in subsection (b)(1), in the same manner as described in subsection (b)(2).
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Sec. 3
Bargaining and notice required before use of employment-changing or employment-eliminating technology
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