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National Labor Relations Board › Successors

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Proskauer Rose LLP

“Free and Clear” Collides with “Perfectly Clear”: Delaware District Court Imposes Successor Liability on Buyer in 363 Sale

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Navigating the Bankruptcy Code can present many traps for unsuspecting debtors, creditors, or asset buyers. The Delaware District Court recently reminded bankruptcy participants of an often overlooked pitfall involving the...more

Proskauer - Labor Relations Update

GC Update: Abruzzo Issues New Memorandum Outlining Her Objectives

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On March 20, 2023, NLRB General Counsel Jennifer Abruzzo released a new Memorandum, updating all Regional Directors, Officers-in-Charge and Resident Officers regarding which issues must be submitted to the NLRB Division of...more

Littler

NLRB Reaffirms Regional Directors’ Discretion to Dismiss Election Petitions Absent a Hearing

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On June 15, 2022, in Rieth-Riley Construction Co., Inc., 371 NLRB No. 109, the National Labor Relations Board reaffirmed that regional directors have authority to dismiss representation and decertification petitions if the...more

Jackson Lewis P.C.

Labor Board: Successor Required To Bargain With Union Over Unilateral Layoffs

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More than five years and a pandemic later, the National Labor Relations Board (NLRB) has clarified a successor employer’s union bargaining obligations regarding layoffs under the National Labor Relations Act. Tramont...more

Sheppard Mullin Richter & Hampton LLP

It’s Perfectly Clear Once Again— NLRB Limits “Perfectly Clear” Successor Exception

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The circumstances under which an asset buyer has a duty to bargain with an incumbent union may be changing. In NLRB v. Burns Security Services, Inc., 406 U.S. 272 (1972), the Supreme Court held that an employer who purchases...more

Husch Blackwell LLP

NLRB Overrules Precedent And Limits Use Of Perfectly Clear Exception In Successorship Law

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On April 2, 2019, in a 3-1 decision split along party lines, the Trump administration’s National Labor Relations Board (Board) appointees significantly narrowed the circumstances under which a successor employer will be...more

Benesch

NLRB Issues Decision Favorable to Successor Employers

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In a ruling that the Republican majority states will “save jobs and help struggling businesses survive,” the National Labor Relations Board issued a 3-1 decision on Tuesday April 2, 2019 limiting the circumstances under...more

Parker Poe Adams & Bernstein LLP

Minor Changes to Business Do Not Allow New Owner to Ignore Existing Union Representation

Parker Poe Adams & Bernstein LLP on

When a buyer considers acquiring the assets of a unionized employer, the union’s status post-acquisition often becomes an important business consideration for pursuing the deal. In most situations, the buyer incorporates...more

Fisher Phillips

Auto Manufacturer Pays Over $20 Million To Settle Union Dispute

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The National Labor Relations Board (NLRB) recently announced that it negotiated a $21.6 million settlement on behalf of the International Brotherhood of Teamsters to settle allegations that VIUSA, Inc. refused to hire a group...more

Amundsen Davis LLC

Before You Acquire That Business, Understand the NLRB’s Successor Bar Doctrine

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When a change of ownership occurs for a business that employs individuals who are represented by an incumbent union, the new owner must be aware of the National Labor Relations Board’s (NLRB) successor bar doctrine. It used...more

Epstein Becker & Green

A Full Menu of Potential Legal Issues for Hospitality Owner/Operators

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Legal compliance is a challenging endeavor, especially in the hospitality industry, where owner/operators must focus on meeting their business objectives, staying competitive, and growing in their respective markets. In...more

Littler

Spruce Up Survives, But a Successor's First Communication to a Predecessor's Employees is More Critical Than Ever

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In Paragon Systems, Inc., 364 NLRB No. 75 (2016), the National Labor Relations Board declined the General Counsel’s request to overturn its 42-year-old decision in Spruce Up Corp., 209 NLRB 194, 195 (1974), enfd. per curiam...more

Seyfarth Shaw LLP

Blurred Lines: Under New “Perfectly Clear” Standard, NLRB Finds that Seller’s Conduct Prohibits Asset Purchaser from Setting...

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Seyfarth Synopsis: In yet another pro-union, results-driven decision, the NLRB announces a new approach to evaluating whether an asset purchaser has forfeited its right to set initial terms and conditions when offering...more

Littler

New York City Expands Law Governing Displaced Building Service Workers

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Mayor Bill de Blasio recently signed a bill amending the New York City Displaced Building Service Workers Protection Act (“the Displaced Workers Act” or “the Act”), first enacted by the City Council in 2002. As originally...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Makes a Mess of the Burns Successorship Analysis and Worker Retention Laws

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New York City’s Displaced Building Service Workers Protection Act (DBSWPA) is one of numerous local worker retention laws, which apply to various industries in jurisdictions across the country, such as Los Angeles, San...more

Proskauer - Labor Relations

The National Labor Relations Board says “Happy Labor Day” with Flurry of Late Summer Pro-Union Moves

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While some people may have been on vacation at the end of August, the past few weeks have been extremely busy at the National Labor Relations Board (“NLRB” or “Board”), with a series of decisions that will continue to make it...more

Seyfarth Shaw LLP

NLRB Forces Buyers To Become “Successors” Against Their Will

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While all eyes were on the landmark Browning-Ferris decision issued Thursday, the Board issued yet another split decision that also may have far reaching consequences. In GVS Properties, LLC, 362 NLRB No. 194 (Aug. 27, 2015),...more

Bradley Arant Boult Cummings LLP

It’s All in the Family: Shifting Standards for Joint-Employer Liability

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The concept of joint-employer liability is popping up in the news a lot again. This is because the NLRB is taking a more aggressive view on joint-employer standards under the National Labor Relations Act, particularly as to...more

Brownstein Hyatt Farber Schreck

NLRB Reverses Its Stance on Determining Successor Liability for Refusal to Hire

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Companies who have bought or are considering buying unionized workplaces should familiarize themselves with a significant decision affecting liability issues made last month by the National Labor Relations Board (NLRB). ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2013

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In This Issue: - Ohio Supreme Court Reverses Decision on Surviving Merger Entity’s Ability to Enforce Noncompetition Agreements - “Sweet” Decision for California Employers: Court Approves Time Rounding in Case...more

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