Emergency Remedies Act of 1980

Emergency Remedies Act of 1980 - Amends the National Labor Relations Act to include industries engaged in energy distribution among the States or with foreign nations, or engaged in the production of energy for commerce, among those industries to be considered for purposes of specified emergency powers of the President under such Act.

Includes peril to the economic stability of the Nation among the occasions for invoking such powers. Includes perils to regional, as well as to National, health, safety, or economic stability among such occasions.

Authorizes the board of inquiry appointed by the President in an emergency under the National Labor Relations Act to recommend that emergency injunctions be accompanied by related orders necessary to compel the employer to pay employees a wage supplement while such injunction is in effect, upon determination by the Board that compelling employees to return to work at existing wage rates would be unduly advantageous to the employer and unduly disadvantageous to the employees. Directs the Board, in determining the amount of the wage supplement, to consider such relevant factors as the last offer of either party involved in the dispute, the increase in the cost of living since the last contract negotiation, and working conditions in the industry.

Requires that members of the board of inquiry receive compensation, at the daily rate prescribed for GS-18, for each day actually spent by them in the work of the Board, together with necessary travel and subsistence expenses.

Grants jurisdiction to issue wage supplement orders to U.S. district courts, which have jurisdiction of the parties and which are petitioned by the Attorney General under the direction of the President to enjoin strikes or lock-outs during such emergencies.

Requires that any original injunction issued during a National or regional emergency be discharged on the 80th day after the day of its issuance, or, if earlier, on motion of the Attorney General upon certification of results of election or settlement or at the time of issuance of a further injunction.

Authorizes the President to also direct the Attorney General to petition the court for additional orders necessary to carry out the recommendations of the board of inquiry or alternative measures deemed necessary by the President. Directs the court to issue a wage supplement order upon the court's determination that compelling employees to return to work at existing wage rates would be unduly advantageous to the employer and unduly disadvantageous to employees and that the wage supplement proposed in the petition of the Attorney General is fair and equitable. Requires that such wage supplement orders provide for: (1) the reduction of the supplement by five percent of the original total, for each day after a specified 60-day period that an injunction is in effect and until settlement is reached or that supplement is eliminated; and (2) the imposition, for each such day, of a civil penalty against the employer involved in such dispute of an amount equal to twice the sum of such wage supplement reductions. Requires that wage supplement orders continue in effect notwithstanding the issuance of a further injunction and the consequent discharge of the original injunction, but that such orders be discharged on the motion of the Attorney General upon settlement of the labor dispute.

Authorizes the President, after publication of a report by the board of inquiry, to direct the Attorney General to petition the district court to issue a further injunction, with conditions dependent on whether the parties have made significant progress or have failed in their duty to make every reasonable effort to adjust and settle their differences. Authorizes the President, after publication of such report and at any time in which an injunction is in effect, to direct the National Labor Relations Board to conduct a secret ballot of employees on the question of whether they wish to accept the final offer of settlement made by their employer (formerly, the Board was required to conduct such ballot even without a Presidential directive). Declares that acceptance of the final offer by a majority of employees shall represent a settlement of the dispute.

Directs the Attorney General to move the court to discharge specified injunctions upon the certification of the results of such ballot if it results in a settlement being reached.

Authorizes the President, upon determining that significant progress is being made toward the settlement of the dispute and that the approaching conclusion of the 80-day period is likely to prevent an acceptable settlement from being secured, to direct the Attorney General to petition the court to further enjoin the strike or lock-out for not more than 30 additional days and to discharge the prior injunction. Grants the court, upon a similar determination, jurisdiction to so further enjoin the strike or lock-out, or the continuation thereof, and to renew such injunction for such purposes. Requires, during such period, that the civil penalty against an employer shall continue in effect at the level reached on the 80th day and that no wage supplement shall be permitted for the employees.

Authorizes the President, upon determining that the parties to the labor dispute have failed and are failing to comply with their duty to make every reasonable effort to adjust and settle their differences, to direct the Attorney General to petition the court to further enjoin the strike or lock-out for not more than 30 additional days, to discharge the prior injunction, and to order the imposition of specified sanctions. Grants the court, upon a similar determination, jurisdiction to so further enjoin the strike or lock-out, or the continuation thereof, and to renew such injunction for such purposes. Requires that any injunction issued pursuant to such a determination or failure by the parties be accompanied by orders necessary to: (1) defer for one week any wage increases agreed to by the parties for each day such injunction is in effect; and (2) impose, for each such day, a civil penalty against the employer involved in such dispute of an amount equal to twice the sum of such actual or possible wage increase deferrals. Prohibits the provision of relief from such sanctions by the discharge of such injunction.

Allows such further injunctions, whether based on successful progress or failure to make reasonable efforts, to be discharged upon motion of the Attorney General, after certification of the results of a secret ballot if a settlement is reached thereby.

Directs the President, upon the issuance of a further injunction, to reconvene the board of inquiry and direct such board to continue to inquire into the issues involved in the dispute and to regularly report to the President on the status of the negotiations.

Authorizes the President to direct the Attorney General to petition the court for an extension of a further injunction based on failure of the parties' duty, and an extension of corresponding sanctions, for 30 additional days or until legislation providing a settlement is enacted into law, whichever occurs first, if at the conclusion of the 30-day injunction period the President has submitted such legislation to Congress.

Directs the board of inquiry to report immediately to the President any instances of violation of any such labor dispute injunctions or orders. Requires that the President direct the Attorney General to bring such violations to the attention of the court which has issued such injunction or order.

Makes technical and conforming amendments to continue the inapplicability of anti-injunction and other provisions in the Norris-LaGuardia Act relating to the jurisdiction of courts in matters affecting employer and employee to any judicial proceeding brought under or to enforce the provisions of the National Labor Relations Act.

Provides for the separability of provisions of the National Labor Relations Act.