Under ordinary circumstances, the WARN Act requires that an employer give sixty days notice of plant closure or mass layoff to the employee representatives (or to each employee, if there is no representative) and to certain government entities. On June 16, 1992, the union filed suit in the District Court pursuant to the Worker Adjustment and Retraining Notification Act (WARN Act), 29 U.S.C. The UFCW alleges that Brown Shoe began to terminate workers immediately after sending the letter. We affirm.īrown Shoe mailed a letter dated January 17, 1992, to an employee of the United Food and Commercial Workers International, but not to Local 751, advising the union that Brown Shoe's plant in Dixon, Missouri, would be closed, with displacement of the 277 workers in the plant beginning on March 20, 1992. The United Food and Commercial Workers Union, Local 751 (UFCW or union) appeals from the judgment of the District Court 1 granting the motion to dismiss filed by Brown Group, Inc., d/b/a Brown Shoe Company.

Foster, Jr., on the brief), for appellee. Moss, Detroit, MI, argued, for amicus curiae Guild/Sugar Law Center for Economic and Social Justice. Gen., argued, for appellant United Food and Commercial Workers Intern. Decided: April 03, 1995īefore BOWMAN and LOKEN, Circuit Judges, and BOGUE,* Senior District Judge. International Union, United Automobile, Aerospace & Agricultural Implement Workers of America Oil, Chemical and Atomic Workers International Union United Mine Workers of America, International Union The Guild/Sugar Law Center for Economic and Social Justice, Amicus Curiae. BROWN GROUP, INC., doing business as Brown Shoe Co., Appellee. UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION, LOCAL 751, as representative of the aggrieved employees, Appellant, v. United States Court of Appeals,Eighth Circuit.

United food and commercial workers