In recognition of the difficulty of identifying specific separation dates for individuals 60 days in advance, the final regulations provide for a 14-day period of flexibility. The regulations clarify this situation by providing that the chairperson of the elected board is to receive notice. Given the nature and the language of the law, DOL concludes that the term "business enterprise" used in the statute includes public and quasi-public entities which engage in business (i.e., take part in a commercial or industrial enterprise; supply a service or good on a mercantile basis, or provide independent management of public assets, raising revenue and making desired investments). This type of notice will provide the parties with needed information and be less burdensome to the employer. Nonetheless, that point can be made without reference to the duration of the contract and the final regulation has been revised to eliminate the reference. Several commenters disagreed with this interpretation, arguing that there is no specific statutory requirement to support it; that a 180-day period is more in keeping with the rolling 90-day aggregation period for determining employment loss under section 3(d); that if any "secondary" notice is required, posting general notice on a bulletin board should be sufficient; that the reasons for extending the layoff date may not enable the employer to make precise calculations of how long the plant may remain open; and that such notices might require the disclosure of confidential information. (3) Section 639.2 What Does WARN Require Commenters suggested that rules should be added to state when mailed notice is deemed to be timely mailed or that mailed notice is deemed served on the date it is postmarked. The Department does not agree that section 3(b)(3) of WARN provides authority for a separate requirement that notice be given to bumpees as soon as they are identified since that provision applies only to situations in which one of the three bases for providing less than 60 days' notice is invoked. Such written notice is not always required by WARN since industry practice may be sufficient to demonstrate that workers understand that their jobs are on temporary projects. The statement about whether the entire plant will close provides needed information about job and general economic prospects in the local community and enables workers and the State and local governments to more accurately gauge the kinds of actions that will be needed. They suggested that optional notice providing useful information to workers should be encouraged. The exemption provision in the Act also indicates that nothing in WARN affects judicial or administrative rulings relating to the hiring of permanent replacements for economic strikers under the NLRA. REC. DOL recognizes that in developing notices, considerable amounts of information may be required to be reviewed and considered by employers. (b) Section 639.7(b)-(f) Elements of Notice For these reasons, and because the status of strikers raises many complex questions under the NLRA and other federal laws, the Department has not revised the regulations in the manner suggested. Thus, the need for notice will only be triggered if the employer fails to obtain the business or financing it seeks. Commenters did raise specific points of disagreement, posed additional questions, sought information about the application of WARN in specific situations, and provided examples. (Depending on the length of the notice given, a claim that the closings qualify for reduced notice under the unforeseeable business circumstances exception may be available.) There were few comments on the regulatory language itself, and they supported the approach taken. The Department also recognizes that certain of the provisions of WARN involves subjects which are typically covered in collective bargaining agreements. at S8688). One commenter suggested that the regulation should focus on the closing date and time of the sale, not on the effective date and time. Another commenter pointed out that to qualify as a temporary project, a project must be for a "defined and limited" period and must have been begun with "an announced and ascertainable duration and a terminal point". This section has been revised extensively. (H.R. Notice is not required to be given to intermediate bumpees in situations in which multiple bumps will occur. The prefatory paragraph of the proposed regulation indicates that three exceptions to giving a full 60 days' notice exist and that they are to be construed narrowly. This section discusses the desirability of giving notice in situations where questions may arise about the applicability of WARN. WARN contains no provisions imposing any notice obligations on unions. The regulation lists some of the conditions that are natural disasters. DOL continues to believe that the issue of the meaning of the effective date is a purely legal issue that the courts will decide without giving any deference to any interpretation that DOL might adopt. At the time the interim interpretative and proposed rules were published, the Department of Labor notified the Chief Counsel for Advocacy, Small Business Administration, and made the certification pursuant to the Regulatory Flexibility Act at 5 U.S.C. 100-576, 100th Cong., 2nd Sess., 1049 (April 20, 1988)) may be read to suggest a narrow construction of the unforeseeable business circumstances exception because of the various requirements for proving the applicability of the exception that appear in the report, the debates on the bill suggest that the exception was not intended to be narrowly construed. If notice can be given only when the necessity of the layoff becomes definite, the employer cannot avoid liability. DOL agrees with this proposition, as long as the separate employment relationship is established under existing legal rules. Developing these regulations cover sections 2, 1987 ). factors that should be under! 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