Sec. 4. Notice and rights of affected labor organizations
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/bill/118/s/4412/is/section-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 7A of the Clayton Act ( 15 U.S.C. 18a ) is amended, by adding at the end the following: If a person required to file a premerger notification under subsection
(a)is subject to a collective bargaining agreement, the affected labor organization, as defined in section 2 of the National Labor Relations Act ( 29 U.S.C. 152 ), shall have the right to submit to the Federal Trade Commission and the Assistant Attorney General any documents and information relevant to an evaluation of the proposed transaction. Upon the receipt of a premerger notification under subsection
(a)with information provided pursuant to subsection (d)(1), the Federal Trade Commission and the Assistant Attorney General shall notify— the affected labor organization named under subsection (d)of the right under paragraph
(1)of this subsection; and the State attorney general of any State that the Federal Trade Commission or the Assistant Attorney General has reason to believe would be affected by the transaction. If a labor organization elects to submit documents and information under paragraph
(1)to the Federal Trade Commission and the Assistant Attorney General, the labor organization must submit the documents and information not later than 20 days after the date of receipt of a notice under paragraph (2). After receiving, with respect to a transaction, a submission of documents and information from an affected labor organization under paragraph (1), the Federal Trade Commission and the Assistant Attorney General may request from any person required to file a notification with respect to the transaction under subsection
(a)additional information, pursuant to subsection (e). The Federal Trade Commission and the Assistant Attorney General shall provide to an affected labor organization a written response that meaningfully addresses the points raised by the affected labor organization in its submission under paragraph (1). An affected labor organization described in clause
(i)may agree to a different resolution in lieu of a written response. .
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