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Report Link Recent Successorship Decisions Complicate Matters for Employers.Buchanan Ingersoll & Rooney PC - October 28, 2009 Two recent decisions highlight the risks employers face when hiring unionized employees as part of an acquisition or business transfer. In general, when a new employer continues a prior employer's operations and hires a majority of its employees from the prior employer's unionized workforce, the new employer is a labor law successor and, as such, must recognize and bargain with the union over any future changes in the terms and conditions of employment. Whether the new employer can unilaterally establish the initial terms and conditions of employment, however, or must continue the prior employer's terms and conditions until it bargains with the union and reaches a new agreement or an impasse, is more difficult to determine, especially in light of two recent cases that appear to provide diametrically opposed views. Report Link NLRB Provides Guidance on Successor Employer's Refusal to Rehire Predecessor's Employees.Jackson Lewis LLP - August 24, 2006 Whether an employer legally can avoid successorship obligations when purchasing or taking over a unionized operations can be vexing issue, and the National Labor Relations Board has issued a decision that provides guidance to employers contemplating their options. In clarifying the applicable standard in "successorship-avoidance" cases, the Board announced its intent to "resolve any conflict in our precedent and establish a clear standard to be applied in cases in which a refusal to hire occurs in a successorship context.
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ArticlesFound: 2 ArticlesNO SUBTOPICSEmployment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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