§ 21785. CIWMB - Labor Transition Plan
(a) Each submittal of a final closure plan pursuant to § 21780(c)(3), (e), or (f) shall also include the submittal of a Labor Transition Plan (LTP) that includes all of the following.
(1) Provisions that ensure, subject to any requirements already established pursuant to a collective bargaining agreement, preferential reemployment and transfer rights of displaced employees to comparable available employment with the same employer for a period of no less than one year following the closure of the solid waste facility.
(2) Provisions to provide displaced employees assistance in finding comparable employment with other employers.
(3) Provisions to ensure compliance with all applicable provisions of Chapter 4 (commencing with Section 1400) of Part of 4 of Division 2 of the Labor Code.
(b) Each submittal of a LTP shall also include a certification that the provisions described in (1) to (3), inclusive, of subdivision (a), will be implemented, subject to any requirements already established under a collective bargaining agreement.
(c) The LTP shall be submitted to the EA.
(d) The certification shall be submitted to the CIWMB and the EA.
(e) For the purposes of the section, "comparable employment" means the same or a substantially similar job classification at equal or greater wage and benefit levels in the same geographic region of the state.
(f) The provisions of this section do not apply to submittal of preliminary plans, partial final plans, revised final plans in the review process that have been accepted for filing prior to January 1, 2004, or to revisions of previously approved final plans. Cost estimates or financial assurances for implementation of the LTP are not required.(1. Change without regulatory effect adopting new section filed 10-18-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 43).)
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020, 43021, 43022, 43103 and 43501.5, Public Resources Code.
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