Sec. 6. requirements applicable to employees
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## Sec. 6 requirements applicable to employees ###
(a)No loan guarantee may be issued under this Act if at the time of issuance or the proposed issuance the Board determines that— ####
(1)collective bargaining agreements entered into by the Corporation after September 14, 1979, with labor organizations representing employees of the Corporation which govern the payment of wages and benefits to such employees from September 14, 1979, to September 14, 1982, have not been modified so that the cost to the Corporation of such wages and benefits, as determined by the Board, shall be reduced by a total amount of at least $462,500,000 for the three-year period ending on September 14, 1982, below the cost of such wages and benefits which the Corporation would otherwise have been obligated to incur during such period, except that such dollar amount shall include $203,000,000 in wages and benefits to be foregone pursuant to the master collective bargaining agreement entered into on October 25, 1979, between the Corporation and the International Union, United Automobile Aerospace and Agricultural Implement Workers of America; or ####
(2)the Corporation has not put into effect a plan for achieving at least $125,000,000 in concessions as defined in section 4(b)(1)(B) from employees not represented by a labor organization. ###
(b)The limitations set forth in subsection
(a)of this section shall not apply to any increase in wages or benefits required by law. ###
(c)Any increase in the wages and benefits of a person employed by the Corporation resulting from reclassification or reevaluation of a job or a promotion effected in order to evade the provisions of this section shall be considered an indirect form of compensation. ###
(d)####
(1)To meet the requirements of this section, the Corporation shall not enter into a collective bargaining agreement with a labor organization which— #####
(A)reduces the amounts and levels of wages and benefits provided by such a collective bargaining agreement beyond the labor organization's proportionate share, as determined by the Board; or #####
(B)reduces wages and benefits below the levels and amounts provided on September 13, 1979. ####
(2)For purposes of this subsection, the proportionate share of a labor organization shall be determined by multiplying the total reduction required by paragraph
(1)by the quotient obtained by dividing the total number of the Corporation's employees represented by that labor organization whose proportionate share is to be determined by the total number of the Corporation's employees represented by labor organizations. ###
(e)The cost reduction realized by the Corporation under the terms of this subsection shall not be recoupable. ###
(f)If the Board determines that cash contributions from labor organizations or employees are legally committed so that the total contributions from employees and labor organizations during the period of September 13, 1979, through September 13, 1982, will exceed the total amount of wages and benefits not paid as a result of subsection (a), the Board may permit an increase in the levels and amounts of employee wages and benefits beyond the levels and amounts in effect on September 13, 1979, which would otherwise be prohibited by subsection (a), if
(1)such increase will not impair the ability of the Corporation to continue as a going concern, or to meet such other tests of viability as the Board shall prescribe, and
(2)the amount of such increase does not exceed the amount of the cash contributions committed.