The workers therefore had no reasonable expectation of being recalled to their jobs, a three-judge appeals court panel ruled on Wednesday. That ruling upheld a September 2009 decision by U.S. District Judge Walter Rice of Dayton in favor of Emery Worldwide. The workers had sued the company.
Emery initially “temporarily” laid off the workers in August 2001 because of operational problems that the Federal Aviation Administration insisted be fixed, according to evidence presented in the court case. When Emery ultimately decided in December 2001 to cease operations, it a gave a 60-day advance notice of layoff, with pay, to 90 remaining workers. The workers previously laid off contended they were entitled to similar consideration.
David Torchia, a lawyer for the ex-Emery workers, said Thursday he will consult with them about whether to appeal further.
The former Emery air freight terminal, at Dayton International Airport, now belongs to United Parcel Service, which has idled most of the building.
Contact this reporter at (937) 225-2242 or jnolan@DaytonDailyNews.com.
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