739 F. Supp. 341 - Damron v. Rob Fork Mining Corp.’s Empirical Analysis
1990
Citation profile
4 federal appellate · 1 district ·
Relationships
Applies 29 U.S.C. § 2101 (§ 2 of the Worker Adjustment and Retraining Notification Act) · 29 U.S.C. § 2107 (§ 8 of the Worker Adjustment and Retraining Notification Act)
Relies on Kustom Electronics, Inc. v. National Labor Relations Board
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[w]orkers on temporary layoff or on leave who have a reasonable expectation of recall are counted as employees. An employee has a “reasonable expectation of recall” when he/she understands, through notification or through industry practice, that his/her employment with the employer has been temporarily interrupted and that he/she will be recalled to the same or to a similar job.”
2 later decisions quote this exact passage · from the majority“the term “affected employees” means employees who may reasonably be expected to experience an employment loss as a consequence of a proposed plant closing or mass layoff by their employer.”
2 later decisions quote this exact passage · from the majority“In Damron , the court adopted the Secretary of Labor’s suggestion that any “reasonable expectation” test under WARN should parallel that used by the National Labor Relations Board (“NLRB”) in interpreting the same phrase in the National Labor Relations Act. The three criteria used by the NLRB in determining whether a “reasonable expectation of recall” exists are: (1) the past experience of the employer; (2) the employer’s future plans; and (3) the circumstances of the layoff, including what the employees were told as to the likelihood of recall.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.