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John Ellis, Timothy Price, and All Others Similarly Situated v. Dhl Expressinc. (Usa) and Deutschepostag, Formerly Known As

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ARGUED SEPTEMBER 9, 2010

Before WOOD, EVANS, and TINDER, Circuit Judges.

Package delivery service DHL Express and its German parent company, Deutsche Post AG, publicly announced on November 10, 2008, that they would stop offering U.S. domestic shipping on January 30, 2009. This announcement effectively sounded the death knell for five of DHL’s six Chicagoland facilities, which handled domestic parcels almost exclusively and had been shedding jobs since August. The union that represented the drivers and clerical workers at those facilities, the International Brotherhood of Teamsters Local 705, immediately began talks with DHL to negotiate severance agreements for its members. (The collective bargaining agreements that covered the workers did not provide for severance benefits.) The negotiations were successful and on December 5, 2008, yielded a severance agreement for each bargaining unit, the drivers and the office workers. The agreements became operative on December 9, 2008, when DHL’s representative signed them. Whether DHL violated the Worker Adjustment and Retraining Notification (WARN) Act, 29 U.S.C. §§ 2101-2109, in reaching and implementing these agreements is the principal question before us in this appeal.

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