641 F.3d 290 (8th Cir. 2011), 10-1848, Sanders v. Kohler Co.
|Citation:||641 F.3d 290|
|Opinion Judge:||WOLLMAN, Circuit Judge.|
|Party Name:||Leroy SANDERS; Stacy Ashcraft; Julee Pratt; Dorothy Bailey; John Banks; James Bennett; Jason Bottoms; Barbara Bottoms; Randal Brannum; Treva Brannum; Jack Bratton; Marlene Burks; Lisa Burton; William Chaney; Billy Chasteen; Sherry Chasteen; Kenneth Cooperwood; Garrett W. Davis; Lakesha Decker; David Degrandchamp; Debra Ann Dozier; Lenora Driver; Me|
|Attorney:||Brandon W. Lacy, argued, Jonesboro, AR, Scott James Lancaster, Maumelle, AR, Tony L. Wilcox, Jonesboro, AR, on the brief, for appellants. Harold Wayne Young, Jr., argued, Michael Scott Moore, on the brief, Little Rock, AR, for appellee.|
|Judge Panel:||Before WOLLMAN, LOKEN, and SMITH, Circuit Judges.|
|Case Date:||June 08, 2011|
|Court:||United States Courts of Appeals, Court of Appeals for the Eighth Circuit|
Submitted: Jan. 12, 2011.
[Copyrighted Material Omitted]
Appellants appeal from an order granting summary judgment to defendant Kohler Company (Kohler) on a claim arising under the Worker Adjustment and Retraining Notification Act (WARN Act), 29 U.S.C. § 2101, and dismissing without prejudice supplemental state law claims. The appellants alleged that Kohler hired them as temporary workers in the midst of a strike and then summarily dismissed them at the strike's conclusion without providing the notice required under the WARN Act. The district court 1 held that Kohler was not subject to the notice requirements because the appellants failed to establish that a " mass layoff" had occurred, as defined under § 2101(a). The appellants assert that the district court misconstrued the meaning of " mass layoff" and made findings that improperly glossed over genuine issues of material fact. We affirm.
Kohler manufactures stainless steel bathroom and kitchen products at its plant in Searcy, Arkansas. As of 2006, approximately ninety-five percent of the employees belonged to the United Auto Workers Local 1000 (Union). Collective bargaining negotiations between the Union and Kohler stalled in December 2006, and 247 union workers went on strike. Kohler shut the plant down shortly after the strike commenced. Three months later, it placed advertisements in local newspapers, interviewed potential applicants, and hired 123 replacement workers, including all 111 appellants in this action.
In March 2007...
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