Warn Act Collective Bargaining Agreement

Employers who have collective agreements with unions have obligations under the National Labor Relations Act, and they may also have collective agreements that impose certain restrictions or provide flexibility to deal with the COVID-19 emergency because it affects their staff. Employers with collective agreements should, as a general rule, seek a language in the contract that allows for dismissals and recalls or other measures to deal with the emergency situation of COVID 19, since the agreement can define rights and procedures for such measures. The rights provisions of employer or other management could also give the employer some flexibility in managing health emergencies or safety issues. A recent majority of the National Labor Relations Board decided that the union`s waiver to negotiate on a subject can be found if the agreement covers the subject. A collective agreement may also have a provision that allows unilateral action by the employer for the acts of God or a provision on force majeure. Whether such provisions apply to measures to combat emergency co-19 (including possible dismissals or any other measures relating to workers) could be subject to a complaint and arbitration procedure within the meaning of the collective agreement or become a procedure before the NLRB. And it should be noted that trade unions can also base their action on the language of a collective agreement, for example by sanctioning a refusal to work based on safety. The WARN Act applies to job losses over a 30-day period. However, IEDS also apply to job losses over a 90-day period. An employer is required to lay off in advance if it makes a series of minor layoffs that would together meet the above-mentioned WARN thresholds beyond 90 days.

In this case, no notification is required when an employer is able to prove that the various layoffs occurred as a result of separate and different actions and that they were not staggered to circumvent WARN. Connecticut: In addition to compliance with federal law, there is an insurance notification requirement when a business is sold (CGS 51s) and a plant closing law that may apply. Under the Plant Closure Act, some employers who permanently close (or relocate) must pay group health insurance for 20 percent (120) days.