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Graphic Communications International Union, Local 12-N v. Quebecor Printing Providence, Inc.

Union failed to establish excusable neglect, and thus was ineligible for one-day extension of appeal deadline, where counsel mistakenly believed that deadline elapsed more than 30 days after entry of judgment.

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APPEALS FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND [Hon. Mary M. Lisi, U.S. District Judge]

On December 16, 1998, Quebecor Printing Providence, Inc. and Quebecor Printing (USA) Corp. (collectively, “Quebecor”) announced the permanent closure of their gravure printing plant in Providence, Rhode Island, effective that same day. Graphic Communications International Union, Local 12-N and Graphic Communications International Union, Local 239-M (“the Unions”) filed a lawsuit in the United States District Court for the District of Rhode Island, claiming that Quebecor had violated the Worker Adjustment and Retraining Notification Act (“WARN Act”), 29 U.S.C. � 2102(a), which requires that employers provide 60 days notice of a plant closing. On July 21, 2000, the district court entered judgment pursuant to a memorandum and order granting Quebecor’s motion for summary judgment and denying the Unions’ cross-motion for summary judgment. The Unions filed a notice of appeal with the district court on August 22, 2000, one day after the 30-day period for filing the notice of appeal had expired. The Unions then moved for an extension of time to file the notice of appeal due to excusable neglect, and the district court denied their motion. The Unions appeal both the denial of that motion and the district court’s disposition of the cross-motions for summary judgment. Because the district court acted within its discretion in rejecting the Unions’ motion for an extension of time to file the notice of appeal, we affirm that decision, and do not reach the merits of the Unions’ WARN Act claim.

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