United Food & Commercial Workers Union Local 751 v. Brown Group, Inc.
Supreme Court of the United States
1Opinion of the CourtJustice Souter
The Worker Adjustment and Retraining Notification Act (WARN Act or Act), 102 Stat. 890, 29 U. S. C. §2101 et seq., obligates certain employers to give workers or their union 60 days’ notice before a plant closing or mass layoff. If an employer fails to give the notice, the employees may sue for backpay for each day of the violation, and, in the alternative, the union is ostensibly authorized to sue on their behalf. See North Star Steel Co. v. Thomas, 515 U. S. 29 (1995); Part II, infra.
Permitting a union to sue under the Act on behalf of its employee-members raises a question of standing. In…
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