News & Analysis as of September 18, 2024

Hiring & Firing

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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 -

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

Auto Manufacturer Pays Over $20 Million To Settle Union Dispute

Fisher Phillips on 11/3/2017

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

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

Littler on 9/12/2016

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

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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National Labor Relations Board › Successors › Hiring & Firing

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

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

NLRB Issues Decision Favorable to Successor Employers

Auto Manufacturer Pays Over $20 Million To Settle Union Dispute

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

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

New York City Expands Law Governing Displaced Building Service Workers

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

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

National Labor Relations Board › Successors › Hiring & Firing

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