(a) An awarding authority must comply with subsection (b) of this section before doing any of the following: (1) Terminating a service contract. (2) Contracting out services currently performed by the awarding authority. (3) Selling or transferring any property where service employees are employed. (b) No fewer than 15 days before taking any of the actions under subsection (a) of this section, an awarding authority must do all of the following: (1) a. Provide the successor employer a list containing the name, date of hire, job classification of each service employee currently performing the work to be performed under the service contract, and the name and contact information of the service employee's collective bargaining representative, if any. b. If the awarding authority is terminating a service contract, the awarding authority must request the information required under paragraph (b)(1)a. of this section from the contractor with the terminating service contract. (2) a. Provide written notice to each affected service employee explaining which of the following events is or will be occurring: 1. The pending termination of the service contract. 2. The entrance into a service contract. 3. The sale or transfer of the property, b. The written notice provided under paragraph (b)(2)a. of this section must include the name and address of the awardee, purchaser, or transferee, and the service employees' rights provided under this chapter. (3) The information required under paragraph (b)(2) of this section must also be provided as follows: a. Posted conspicuously at each affected work site. b. If the affected service employees have a collective bargaining representative, to the collective bargaining representative. (c) A successor employer shall take reasonable steps to ascertain the identity of all affected service employees. (d) (1) Except as provided under subsection (f) of this section, a successor employer shall retain all affected service employees at a covered location for a transition period until the earlier of the following: a. Ninety days. b. The successor employer's service contract is terminated. (2) A successor employer may not reduce any affected service employee's work hours to circumvent the protections provided under this chapter. (e) (1) A successor employer shall provide each affected service employee a written offer of employment for the transition period under subsection (d) of this section that contains all of the following: a. The date by which the service employee is required to accept the offer, which must be at least 10 days after the notice is delivered to the service employee. b. The name, address, and telephone number of the successor employer and the name of the individual who is authorized by the successor employer to make the employment offer. (2) The written offer required under paragraph (e)(1) of this section must be all of the following: a. Substantially in the form under § 2004 of this title. b. In English, Spanish, and any language that is the first language spoken by at least 5% the affected service employees. (3) The successor employer must also send the written offer required under paragraph (e)(1) of this section to the service employee's collective bargaining representative, if any. (4) The written offer required under this subsection may be sent via electronic mail. (f) A successor employer may retain less than all of the affected service employees during the transition period under subsection (d) of this section only if the successor employer does all of the following: (1) Finds that fewer service employees are required to perform the work than the predecessor employer had employed. (2) Retains service employees by seniority within each job classification. (3) Maintains a preferential hiring list of those service employees not retained. (4) Hires any additional service employees from the list maintained under paragraph (f)(3) of this section, in order of seniority, until all affected service employees have been offered employment. (g) Except as provided under subsection (f) of this section, a successor employer may not discharge a service employee retained under this section without just cause during the transition period under subsection (d) of this section. (h) At the end of the transition period under subsection (d) of this section, the successor employer shall perform a written performance evaluation for each service employee retained under this section. If a service employee's performance during this transition period is satisfactory, the successor employer shall offer the service employee continued employment under terms and conditions established by the successor employer. (i) An agreement that restricts or hinders the ability of a successor employer to fulfill the obligations under this section is declared to be contrary to public policy and void.
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