(a) Notice must be specific. (1) All notice must be specific.
(2) Where voluntary notice has been given more than 60 days in
advance, but does not contain all of the required elements set out in
this section, the employer must ensure that all of the information
required by this section is provided in writing to the parties listed in
Sec. 639.6 at least 60 days in advance of a covered employment action.
(3) Notice may be given conditional upon the occurrence or
nonoccurrence of an event, such as the renewal of a major contract, only
when the event is definite and the consequences of its occurrence or
nonoccurrence will necessarily, in the normal course of business, lead
to a covered plant closing or mass layoff less than 60 days after the
event. For example, if the non-renewal of a major contract will lead to
the closing of the plant that produces the articles supplied under the
contract 30 days after the contract expires, the employer may give
notice at least 60 days in advance of the projected closing date which
states that if the contract is not renewed, the plant closing will occur
on the projected date. The notice must contain each of the elements set
out in this section.
(4) The information provided in the notice shall be based on the
best information available to the employer at the time the notice is
served. It is not the intent of the regulations, that errors in the
information provided in a
notice that occur because events subsequently change or that are minor,
inadvertent errors are to be the basis for finding a violation of WARN.
(b) As used in this section, the term ``date'' refers to a specific
date or to a 14-day period during which a separation or separations are
expected to occur. If separations are planned according to a schedule,
the schedule should indicate the specific dates on which or the
beginning date of each 14-day period during which any separations are
expected to occur. Where a 14-day period is used, notice must be given
at least 60 days in advance of the first day of the period.
(c) Notice to each representative of affected employees is to
contain:
(1) The name and address of the employment site where the plant
closing or mass layoff will occur, and the name and telephone number of
a company official to contact for further information;
(2) A statement as to whether the planned action is expected to be
permanent or temporary and, if the entire plant is to be closed, a
statement to that effect;
(3) The expected date of the first separation and the anticipated
schedule for making separations;
(4) The job titles of positions to be affected and the names of the
workers currently holding affected jobs.
The notice may include additional information useful to the employees
such as information on available dislocated worker assistance, and, if
the planned action is expected to be temporary, the estimated duration,
if known.
(d) Notice to each affected employee who does not have a
representative is to be written in language understandable to the
employees and is to contain:
(1) A statement as to whether the planned action is expected to be
permanent or temporary and, if the entire plant is to be closed, a
statement to that effect;
(2) The expected date when the plant closing or mass layoff will
commence and the expected date when the individual employee will be
separated;
(3) An indication whether or not bumping rights exist;
(4) The name and telephone number of a company official to contact
for further information.
The notice may include additional information useful to the employees
such as information on available dislocated worker assistance, and, if
the planned action is expected to be temporary, the estimated duration,
if known.
(e) The notices separately provided to the State dislocated worker
unit and to the chief elected official of the unit of local government
are to contain:
(1) The name and address of the employment site where the plant
closing or mass layoff will occur, and the name and telephone number of
a company official to contact for further information;
(2) A statement as to whether the planned action is expected to be
permanent or temporary and, if the entire plant is to be closed, a
statement to that effect;
(3) The expected date of the first separation, and the anticipated
schedule for making separations;
(4) The job titles of positions to be affected, and the number of
affected employees in each job classification;
(5) An indication as to whether or not bumping rights exist;
(6) The name of each union representing affected employees, and the
name and address of the chief elected officer of each union.
The notice may include additional information useful to the employees
such as a statement of whether the planned action is expected to be
temporary and, if so, its expected duration.
(f) As an alternative to the notices outlined in paragraph (e)
above, an employer may give notice to the State dislocated worker unit
and to the unit of local government by providing them with a written
notice stating the name of address of the employment site where the
plant closing or mass layoff will occur; the name and telephone number
of a company official to contact for further information; the expected
date of the first separation; and the number of affected employees. The
employer is required to maintain the other information listed in
Sec. 639.7(e) on site and readily accessible to the State disclocated
worker unit and to the unit of general local government. Should
this information not be available when requested, it will be deemed a
failure to give required notice.
