[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3397 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3397

 To require an employer which is subject to the Worker Adjustment and 
 Retraining Notification Act and who gives a notice of a plant closing 
to negotiate in good faith regarding possible means of using the plant 
    and equipment for continued employment, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 1998

   Mr. Obey introduced the following bill; which was referred to the 
   Committee on Education and the Workforce, and in addition to the 
Committee on Ways and Means, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To require an employer which is subject to the Worker Adjustment and 
 Retraining Notification Act and who gives a notice of a plant closing 
to negotiate in good faith regarding possible means of using the plant 
    and equipment for continued employment, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Corporate Good Citizenship Contract 
Act of 1998''.

SEC. 2. REQUIREMENT FOR NEGOTIATION.

    (a) In General.--An employer which is subject to the Worker 
Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.), 
which intends to permanently shut down a site of employment, and which 
serves or is required to serve a written notice of the closing of such 
site in accordance with section 3 of such Act (29 U.S.C. 2102) shall, 
beginning not more than 10 days after the date the employer is required 
to serve such notice, agree to negotiate in good faith with--
            (1) any union representing the employees in such plant or 
        if there is not such a union, a committee selected by such 
        employees to represent their interests, and
            (2)(A) a committee of public officials and representatives 
        of employees in the plant and residents of the community in 
        which the plant is located designated by the government of the 
        political subdivision in which such plant is located, or
            (B) if no such committee is designated, the chief elected 
        officer of such government,
regarding possible means of using all or part of the building and 
equipment of such plant to provide continued employment in the area in 
which the plant is located.
    (b) Sale.--If as a result of a negotiation under subsection (a), 
the union or other representative of employees, the committee if 
designated, or the chief elected officer if no committee is designated, 
requests, within 180 days of the date of beginning of negotiations 
under subsection (a), the employer to sell all or part of the building 
and equipment of the plant to be closed to a buyer who is able and 
willing to use the building or equipment to provide employment either 
at the plant site or at another location within the affected county or 
metropolitan statistical area, the employer shall, beginning within 90 
days of the date of the request, engage in good faith negotiations to 
sell all or part of the building or equipment, or both, to such buyer 
for that purpose.

SEC. 3. SANCTION.

    (a) Complaint.--Any employee of an employer who is subject to 
section 2 may complain to the Secretary of Labor that the employer is 
not negotiating in good faith as required by subsection (a) or (b) of 
section 2.
    (b) Tax Deduction.--If the Secretary of Labor determines on the 
basis of a complaint filed under subsection (a) that an employer did 
not enter into good faith negotiations as required by section 2(a) with 
any party designated in that section expressing an interest in 
undertaking such negotiation or did not enter into good faith 
negotiations to sell all or part of a building or equipment to a 
willing and able purchaser as required by section 2(b), or both, such 
employer, and any person affiliated with the employer, may not take a 
deduction from Federal taxes for depreciation (or amortization) for any 
plant and equipment of the employer placed in service during the 10-
year period beginning on first day of the calendar year in which the 
notice under section 3 of such Act is required to be made.

SEC. 4. EFFECTIVE DATE.

    This Act shall apply with respect to any plant which is closed 
after March 5, 1998 or for which a notice of closure under section 3 of 
the Worker Adjustment and Retraining Notification Act was pending as of 
such date. If a notice has been served for a plant under section 3 of 
such Act before such date, the negotiations required by section 2(a) 
with respect to such plant shall begin within 10 days of the date of 
the enactment of this Act.
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