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Question:  Is a labor dispute...considered a mass layoff under WARN?

Date Added:  3/1/2012 2:43:36 PM Hits:  602
Last Revised:  3/1/2012 2:43:36 PM Vote: 
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Answer
Q: Is a labor dispute—a strike by a union or a lockout by management—considered a mass layoff under WARN?

A: No. An employer does not need to provide notice to strikers or to workers who are part of the bargaining unit(s) and are involved in the labor negotiations that led to a lockout when the strike or lockout is equivalent to a plant closing or mass layoff. Non-striking employees who experience an employment loss as a direct or indirect result of a strike and workers who are not
part of the bargaining unit(s) that are involved in the labor negotiations that led to a lockout are still entitled to advance notice. The Act specifically states that WARN does not affect employers’ or employees’ rights and responsibilities under the National Labor Relations Act. An employer does not need to give notice when permanently replacing a person who is an "economic striker."


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