Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: successor

Judge Kavanaugh and the NLRA: A Sampling of Opinions

Posted in Courts
Last week, as I’m sure everyone has now heard, President Trump announced his pick for the U.S. Supreme Court.  For those of you who missed it, President Trump nominated Brett Kavanaugh, a judge on the D.C. Circuit Court of Appeals. Judge Kavanaugh has been involved in numerous decisions dealing with the NLRA.  Primarily, this is… Continue Reading

Successor Must Bargain with Union Over Initial Terms and Conditions of Employment

Posted in Mergers and Acquisitions, Negotiations
Hiring the workforce or purchasing the assets of an employer with union-represented employees is a transaction with a lot of labor-related risks.  A recent decision from the NLRB provides an example of how it can go wrong for an employer that fails to plan.  In so doing, it offers a good contrast to a case discussed… Continue Reading

Prior Planning in Acquisitions Key to Avoiding Labor-Related Surprises

Posted in Mergers and Acquisitions, Negotiations, NLRB
Acquiring the assets or hiring the workforce of an employer whose employees are unionized poses an additional layer of complexity for the purchaser. Without prior planning, the purchaser can end up losing its right to set the initial terms and conditions of employment. In a case earlier this year, the NLRB provided a good reminder… Continue Reading

New Labor Rules Announced for Employers Involved in Mergers and Acquisitions

Posted in NLRB
A business that purchases or merges with a company whose employees are represented by a union must navigate a labor law minefield.  The NLRB recently planted another mine in that field. In UGL-UNICCO Service Co., 357 N.L.R.B. No. 76 (2011) (3-1), the NLRB restored a modified version of the "successor bar" doctrine.  If the "successor bar" applies, the union that represented… Continue Reading