Kohler Backup Workers Not Protected By WARN: 8th Circ.

Law360, New York (June 8, 2011, 4:00 PM EDT) -- Replacement employees ousted when union workers returned to an Arkansas Kohler Co. plant failed to bring a claim under the Worker Adjustment and Retraining Notification Act, the Eighth Circuit ruled Wednesday, clarifying the legal meaning of "reduction in force."

Because 103 union workers replaced 123 nonunion workers, and the total reduction in force was only 20 people, there was no "mass layoff" to trigger a WARN claim, a three-judge appeals panel ruled, affirming the March 2010 decision of U.S. District Judge Susan Webber Wright.

The ruling...
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