; and (ii) all such employees who work remotely and— (I) are assigned to or otherwise associated with the site; (II) receive assignments or training from the site; (III) report to a manager associated with the site; or (IV) whose job loss was a foreseeable consequence of a reduction in force at the site. (5) Representative The term representative means an exclusive representative of employees within the meaning of section 8(f) or 9(a) of the National Labor Relations Act ( 29 U.S.C. 158(f) ; 159(a)) or section 2 of the Railway Labor Act ( 45 U.S.C. 152 ). (6) Secretary The term Secretary means the Secretary of Labor. (7) Site closing The term site closing means the permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment, that results in an employment loss at the single site of employment during any 30-day period for 5 or more employees, calculated in the same manner as described in paragraph (4)(B). (8) Unit of local government The term unit of local government means any general purpose political subdivision of a State which has the power to levy taxes and spend funds, as well as general corporate and police powers. (b) Exclusions from employment loss due to a site closing or mass layoff An employee shall not be considered to have experienced an employment loss due to a site closing or mass layoff if the site closing or mass layoff is the result of the relocation or consolidation of part or all of the employer’s business and, prior to the site closing or mass layoff— (1) the employer offers to transfer the employee to a different site of employment within a reasonable commuting distance with no more than a 3-month break in employment