WARN provides for notice to each representative of the affected employee as
of the time notice is required to be given or, if there is no such representation
at that time, to each affected employee. Notice also must be served on the State
dislocated worker unit and the chief elected official of the unit of local government
within which a closing or layoff is to occur.
“Any person who is an employee of the seller (other than a part-time employee)
as of the effective date (time) of sale.” This provision preserves the
notice rights of the employees of a business that has been sold, but creates
no other employment rights. Although a technical termination of the seller’s
employees may be deemed to have occurred when a sale becomes effective. WARN
notice is only required where the employees, in fact, experience a covered employment
loss.
Representative(s) Of Affected Employees. Written notice is to be served
upon the chief elected officer of the exclusive representative(s) or bargaining
agent(s) of affected employees at the time of the notice. If this person is
not the same as the officer of the local union(s) representing affected employees,
it is recommended that a copy also be given to the local union official(s).
Affected Employees. Notice requires notice to be given to employees who
may reasonably be expected to experience an employment loss. This includes employees
who will likely lose their jobs because of bumping rights or other factors,
to the extent that such workers can be identified at the time notice is required
to be given. If, at this time notice is required to be given, the employer cannot
identify the employee who may reasonably be expected to experience an employment
lose due to the elimination of a particular position, the employer must provide
notice to the incumbent in that position. While part-time employees are not
counted in determining whether plant closings or mass layoff thresholds are
reached, such workers are due notice.
(a) State dislocated worker unit. Notice is to be served
upon the State dislocated worker unit.
(b) Chief elected official of the unit of local government.
The identity of the chief elected official will vary according to the local
government structure. In the case of elected boards, the notice is to be served
upon the board’s chairperson.