Economic Dislocation and Worker Adjustment Assistance Act

Economic Dislocation and Worker Adjustment Assistance Act - Amends title III (Employment and Training Assistance for Dislocated Workers) of the Job Training Partnership Act to establish a Dislocated Worker Unit in the Department of Labor, which shall be responsible for the administration and supervision of the programs established under such title.

Sets forth provisions for State delivery of dislocated worker services. Requires State Governors to submit to the Secretary of Labor, on a biennial basis, a State plan describing in detail the programs and activities that will be assisted with funds provided under such title. Requires the Governor to create or designate an identifiable State dislocated worker unit or office with the capability to respond rapidly, on site, to plant closings and mass layoffs. Requires the State unit to make appropriate training and reemployment assistance available to eligible dislocated workers through the use of rapid response teams or through service delivery offices or other appropriate organizations. Sets forth other requirements for the State plan and the State unit.

Permits funds allocated to States under this Act to be used to: (1) provide plant-specific adjustment assistance; (2) deliver, coordinate, and integrate normal labor market services; (3) identify and correct the basic educational deficiencies of dislocated workers; (4) provide vocational and on-the-job training; (5) provide income support; and (6) for FY 1988 and 1989, continue to provide any program,activity, or service that was provided under title III before the enactment of this Act.

Directs the Secretary of Labor, from funds appropriated for title III, to reserve 30 percent for demonstration, exemplary, and model programs and to allocate 70 percent among the States on the basis of: (1) number of unemployed individuals; (2) excess number of unemployed individuals; and (3) number of individuals who have been unemployed for 15 weeks or more. (Provides that 25 percent of such 70 percent allotment be made on the basis of number of workers displaced by plant closings or mass layoffs in the most recent period for which satisfactory data are available.)

Directs the Secretary to promulgate standards for the conduct and evaluation of programs under title III, including a standard to encourage the establishment of worker adjustment committees. Prohibits States from providing more than 50 percent of the operating cost of such committees.

Sets forth provisions for State tripartite advisory committees, made up of representatives of labor, business, and public or private nonprofit agencies. Requires such committees to review the programs and activities conducted under title III and the biennial State plans.

Establishes a National Tripartite Advisory Committee, composed of representatives of business, labor, and public or private nonprofit agencies. Directs the Committee to review programs under title III and report annually to the Secretary and the Congress.

Directs the Secretary to provide for an annual evaluation of the title III program, which measures success in placing dislocated workers in unsubsidized employment. Directs the Secretary to submit to the Congress a report on the activities of the Dislocated Worker Unit, as part of the annual report of the Department of Labor.

Sets forth provisions for demonstration, exemplary, and model programs. Provides that, from amounts reserved for such programs: (1) up to 20 percent shall be available for grants for training loan demonstration programs; (2) up to 20 percent shall be available for grants for public works employment demonstration programs; and (3) the remaining percent, which shall be at least 70 percent, shall be available for providing training, retraining, job search assistance, placement, relocation assistance, and other aid to individuals who are affected by mass layoffs, natural disasters, and Federal Government actions (such as relocation of Federal facilities), or who reside in areas of high unemployment.

Provides for a dislocated workers training loan demonstration program. Directs the Secretary to allocate amounts reserved for such program among communities having the largest number of dislocated workers. Provides for such programs in at least five but not more than ten such communities.

Authorizes the Secretary to either directly conduct such demonstration programs or to enter into agreements with State dislocated workers units or State or local for agreements for dislocated workers direct loan funds. public agencies or nonprofit private organizations. Sets forth provisions

Provides that such loans, up to $5,000 per worker, may be used for: (1) vocational and and on-the-job training; (2) basic education and literacy instruction; (3) relocation expenses; and (4) child care services.

Requires the Secretary to provide for evaluation of the direct loan approach and to report to the Congress by October 1, 1989.

Provides for a public works employment demonstration program. Directs the Secretary to allocate amounts reserved for such program among cities and counties: (1) which are geographically diverse; (2) which represent urban and rural areas; and (3) for which the unemployment rate for the last six months exceeded the national average by at least two percent. Provides for such programs in at least five but not more than ten cities or countries.

Makes an individual eligible to participate in such public works employment demonstration projects if the individual: (1) is an eligible dislocated worker who has been unemployed for at least 15 weeks; (2) has been unemployed or without steady employment for two years; or (3) is a recipient of aid to families with dependent children for at least two years. Requires each participant to be tested for basic reading and writing competence by the private industry council prior to employment by an assisted job project. Provides for counseling and instruction to be given to those who fail such tests. Requires each participant to have received a secondary school diploma or its equivalent, or maintain satisfactory progress toward such a diploma.

Requires the private industry council to select the job projects to be assisted. Limits such employment to 32 hours per week. Sets wages at the higher of: (1) the minimum wage; or (2) the amount received in welfare or unemployment compensation, plus ten percent.

Directs the private industry council for the area in which the demonstration is conducted to establish job clubs to assist eligible participants with the preparation of resumes, the development of interviewing techniques, and evaluation of individual job search activities.

Directs the private industry councils to select projects which are designed to develop marketable skills and show potential for assisting participants to find jobs in the private sector.

Directs the Secretary to evaluate such employment demonstration program and report to the Congress by October 1, 1989.

Sets forth provisions for labor-management notification and consultation in the event of plant closings and mass layoffs. Prohibits employers from ordering a plant closing or mass layoffs until the end of a specified period after the employer notifies: (1) the employees' representative or if none, each affected employee; and (2) the State dislocated workers unit and the chief administrative officer of the local government.

Prohibits an employer from ordering a plant closing or mass layoff unless the employer has met and consulted in good faith with representatives of the affected employees and the local government. Gives the employer the duty of disclosing relevant information during such consultation. Provides for protective orders to protect such information from disclosure to competitors.

Makes employers who fail to notify or consult with the affected employees or their representatives liable for back pay and the cost of related benefits. Makes employers who fail to notify the State dislocated worker unit or notify and consult with the local government liable for a specified amount for each day of the violation. Makes employees or representatives of affected employees or local governments liable for violations of protective orders for the amount of financial loss suffered by the employer.

Defines "employer" as any business enterprise in any State that employs: (1) 50 or more full-time employees; or (2) 50 or more employees who in the aggregate work at least 2,000 hours per week (exclusive of overtime). Defines "plant closing or mass layoff" as an employment loss for 50 or more employees of an employer at any site during any 30-day period.

Expresses the sense of the Congress that employers who are not required to comply with such notice and consultation requirements should provide notice to, consult with, and disclose information to their employees about proposals to close a plant or permanently reduce its workforce.

Authorizes appropriations for title III for FY 1988 and each succeeding fiscal year.