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Graphic Communications International Union, Local 31-N Graphic Communications International Union, Local 582-M v. Quebecor Printing (Usa) Corporation, D/B/A Quebecor Printing Glen Burnie

Citations: 252 F.3d 296; 17 I.E.R. Cas. (BNA) 1153; 2001 U.S. App. LEXIS 11574Docket: 00-2032

Court: Court of Appeals for the Fourth Circuit; June 4, 2001; Federal Appellate Court

Narrative Opinion Summary

In this case, two local unions appealed a district court ruling favoring Quebecor Printing (USA) Corporation, regarding the closure of its Glen Burnie plant without the requisite 60 days' notice mandated by the Worker Adjustment and Retraining Notification Act (WARN Act). The Fourth Circuit Court of Appeals reversed the district court's decision, concluding that the permanent closure on December 16, 1998, constituted an 'employment loss' necessitating a new WARN Act notice, given that prior notices pertained only to temporary layoffs. The court emphasized that each employment loss under the WARN Act requires separate notice and rejected the argument that earlier notices sufficed for the permanent closure. The court remanded the case to determine damages owed to the affected employees, instructing the district court to assess whether Quebecor acted in good faith, which could influence potential liability reductions. This case underscores the necessity of precise compliance with WARN Act notice requirements in employment terminations and plant closings.

Legal Issues Addressed

Adequacy of Prior WARN Act Notices

Application: The court rejected that a prior notice regarding a temporary shutdown sufficed for a permanent closure, emphasizing the need for accurate notice based on current information.

Reasoning: The court rejected the district court's finding that the September notice was adequate for the December closing, emphasizing that the employees did not receive the required notice for the specific employment loss they experienced.

Definition of Employment Loss under WARN Act

Application: The court found that the permanent closure on December 16 constituted an 'employment termination' requiring WARN Act notice.

Reasoning: The closure on December 16 constituted an 'employment termination' under the Act, and thus the employees were entitled to the required notice prior to their termination.

Good Faith Defense under WARN Act

Application: The district court must assess Quebecor's good faith belief in the adequacy of its notice to potentially reduce liability.

Reasoning: The district court must evaluate whether Quebecor acted in good faith and had reasonable grounds to believe that its September 11, 1998 notice met the WARN Act requirements.

Requirements for WARN Act Notice

Application: The court determined that employees must receive 60 days' notice before a plant closing, irrespective of prior layoffs.

Reasoning: The employees were entitled to 60 days' notice before the employment termination on December 16.