39-2-1003. Requirements for closure or retrenchment. Upon making a decision to close or retrench, an employer shall:

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Terms Used In Montana Code 39-2-1003

  • Closure: means the permanent shutting down of operations at a workplace. See Montana Code 39-2-1002
  • Employer: means the state of Montana. See Montana Code 39-2-1002
  • Governmental facility: means any institution, department, agency, bureau, or office operated by the state of Montana and employing more than 25 persons. See Montana Code 39-2-1002
  • Retrenchment: means reducing the number of employees at the governmental facility by at least 250 employees over any 2-year period, provided that a reduction in the number of employees by attrition is not retrenchment. See Montana Code 39-2-1002

(1)immediately notify the employees, the affected employee organizations, the affected local governments, and a newspaper of general circulation in the county where the governmental facility subject to closure or retrenchment is located; and

(2)within 90 days, provide the employees, the affected employee organizations, and the affected local governments with a written impact statement that includes information concerning:

(a)the number of employees affected;

(b)the amount of the affected employees’ payroll;

(c)the potential tax losses to local governments and school districts;

(d)the effect on other businesses; and

(e)the reasons for the closure or retrenchment.