News & Analysis as of September 20, 2024

Collective Bargaining Agreements (CBA)

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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 -

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

Proskauer Rose LLP on 12/1/2023

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

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

Sheppard Mullin Richter & Hampton LLP on 4/10/2019

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

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

Husch Blackwell LLP on 4/9/2019

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

NLRB Issues Decision Favorable to Successor Employers

Benesch on 4/8/2019

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

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

Parker Poe Adams & Bernstein LLP on 4/20/2018

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

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

Seyfarth Shaw LLP on 8/11/2016

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

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