BURNS v. STONE FOREST INDUSTRIES, INC.

No. 96-35715.

147 F.3d 1182 (1998)

Rosella E. BURNS; Timothy Ray Keener; Ted-Hyun Kim; Emil Martin; Belle McGovern; Brenda L. Miotke; Keith Miotke; William Parker; Lavern Rhodes; Orrin Savage; Larry Vetter, Plaintiffs-Appellants, v. STONE FOREST INDUSTRIES, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 14, 1998.


Attorney(s) appearing for the Case

Megan Glor, Swanson, Thomas & Coon, Portland, Oregon, for the plaintiffs-appellants.

Joel H. Spitz, Ross & Hardies, Chicago, Illinois, for the defendant-appellee.

Kary L. Moss and Lamont Satchel, Maurice and Jane Sugar Law Center, Detroit, Michigan, for amici curiae International Brotherhood of Teamsters, Laborers International Union of North America, United Electrical, Radio and Machine Workers of America, United Food and Commercial Workers Union, United Mineworkers International Union, Union of Needletrades, Industrial and Textile Employees.

Before: CANBY, T.G. NELSON, and KLEINFELD, Circuit Judges.


KLEINFELD, Circuit Judge:

The only significant issue in this case is whether employees deprived of 60 days notice of a plant closing are entitled to get paid for each of the 60 days, or for what would have been work days during the 60 days. The Worker Adjustment and Retraining Notification Act, 29 U.S.C. § 2101 et seq., controls. We join most of the other circuits that have ruled on the issue in construing the statute...

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