; or (B) in the case of affected employees who are not represented by a labor organization for purposes of collective bargaining, with a committee of employees who are elected by their peers for purposes of the bargaining. (3) Mediation upon failure to agree (A) Request If an employer and the chosen representative of employees are unable to obtain an agreement under paragraph (1) by 180 days after the commencement of the bargaining, the parties shall notify the Federal Mediation and Conciliation Service of the failure to reach agreement and request mediation. (B) Role of service The Federal Mediation and Conciliation Service shall, upon receiving a request under subparagraph (A), promptly communicate with the parties and work to bring the parties to agreement through mediation and conciliation. (4) Interaction with NLRA A committee of employees constituted for purposes of this subsection shall not be found to constitute a labor organization, as defined in section 2 of the National Labor Relations Act ( 29 U.S.C. 152 ). (b) Notice to employees for change in employment positions (1) In general An employer that intends to use technology that will result in a change in employment position for one or more employees of the employer shall, not later than 180 days before any such change in employment position, provide written notice signed by the employer’s authorized representative— (A) of the technology, including a description of the technology, and the impact of the technology on employment positions, including which employment positions will be impacted and whether any new positions will be created; and (B) regarding the required training that the employer will provide under section 4. (2) Provision of notice The written notice under paragraph (1) shall be— (A) provided to each chosen representative of the affected employees, as of the date of the notice, and to each affected employee; (B) distributed electronically if the employer customarily communicates with its employees through electronic communications