NLRB Reverses Galloway School Lines re: Successor Employer Bargaining Obligations
By Management Labor Lawyer | | NLRB
A new ruling favorable to companies held that successor employers that discriminate in hiring to avoid bargaining duties are free to set their own initial terms of employment so long as they did not say they would keep all the predecessor’s workers or if their hiring scheme did not unlawfully target union workers. In that…
Read More Company Found to be Successor Employer Under Two Different Legal Analyses
By Management Labor Lawyer | | NLRB
The facts of this case are rather typical for successor liability cases. A company bought the assets of a defunct newspaper company and hired back 24 of the defunct company’s employees. The new company also hired a group of part-time inserters who inserted magazine and advertisements into the newspapers’ folds. The inserters are not on…
Read More NLRB Says a Corporate Seller’s Conduct Can Prevent a Buyer from Setting Initial Terms of Employment
By Management Labor Lawyer | | NLRA, NLRB, Uncategorized
The law surrounding a purchaser’s obligations to the seller’s union is complex. When structured accordingly, purchasers can set initial terms of employment while bargaining a new collective bargaining agreement. Until now, only the purchaser could bind itself to additional obligations to the seller’s union. Now, though, the seller can obligate the purchaser to inherit the…
Read More NYC Successor Grocers Required to Retain Former Workforce or Join a Union
By Management Labor Lawyer | | NLRB
I serve as the labor counsel to the Ohio Grocer’s Association, so this NYC law is of great interest to Ohio grocers and me. The New York City Council passed a law that prohibits successor grocery employers from discharging certain grocery store employees without cause during a 90-day transition period following a “change in control.”…
Read More NLRB Finds Local Worker Retention Law Triggers Successorship
By Management Labor Lawyer | | NLRB
A real estate operator acquired seven buildings from a property owner. The owner had used a services provider whose employees were represented by the Machinists’ Union. The real estate operator agreed to hire seven of the service provider’s eight bargaining unit employees pursuant to New York City’s Displaced Building Service Workers Protection Act. This local…
Read More Successor Companies Mustn’t Forget About Six-Month Mandatory Bargaining Obligation
By Management Labor Lawyer | | NLRB
DCX-CHOL purchased the assets of Stuart Manufacturing. At the time of sale, DCX-CHOL acknowledged in a letter sent to the union representing the Stuart employees that DCX-CHOL was a successor to Stuart. This obligated DCX-CHOL and the union to negotiate a new collective bargaining agreement. A few weeks after the sale, though, employees signed a…
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