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99-2803 State v. T.J. International Inc.

By: dmc-admin//July 2, 2001//

99-2803 State v. T.J. International Inc.

By: dmc-admin//July 2, 2001//

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Accordingly, we affirm the court of appeals’ reversal of the judgment of the circuit court.

Defendant Norco sold its window plant to defendant Jeld-Wen. There was no interruption of business, and Jeld-Wen hired all but 47 of Norco’s 396 employees who applied for new jobs. The union filed a complaint with the Equal Rights Division of the Department of Workforce Development, which found in favor of the union. The circuit court also found that the 60-day notice was required. The court of appeals reversed, concluding that the plain language of the statute’s definition of “business closing” required a “permanent or temporary shutdown of an employment site,” and because the Hawkins plant never shut down, there was no “business closing” within the meaning of the statute.

Because we conclude that the sale of Norco’s assets to Jeld-Wen did not result in a “business closing” under the statute, we do not reach the issue of whether Jeld-Wen’s agreement to make “reasonable efforts” to hire “substantially all” of Norco’s employees was sufficient to bring the exception into play.

Affirmed.

Review of a Decision of the Court of Appeals, Sykes, J.

Attorneys:

For Appellant: Robert H. Duffy and Amy Pope Brock, Milwaukee

For Respondent: Jery L. Hancock, James E. Doyle, Madison

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