PERFECTLY CLEAR SUCCESSOR FREE

Supreme Court precedent, successor employers are free to set initial terms of employment unilaterally unless they express an intent to retain or rehire all of the employees in the unit. and Ridgewood Health Services, Inc.,В overrules NLRB precedent and establishes that the вЂњperfectly clear successorвЂќ doctrine is limited to cases in which the successor retains (or would have retained, absent discriminatory animus) вЂњallвЂќ or вЂњsubstantially allвЂќ of the predecessorвЂ™s unit employees.Д«y way of background, a buyer that continues its predecessorвЂ™s unionized business in substantially unchanged form and hires employees of the predecessor as a majority of its workforce is a вЂњsuccessor employerвЂќ and has an obligation to bargain with the union. The decision, Ridgewood Health Care Center, Inc. In a 3-1 decision, the NLRB held that while the new owner of a nursing facility had to bargain with an existing union, it was not a вЂњperfectly clear successorвЂќ and, therefore, was not bound by the existing collective bargaining agreement, despite the unionвЂ™s continuing majority status and evidence of clear anti-union animus. A National Labor Relations Board decision this week may help more businesses avoid вЂњperfectly clear successorвЂќ liability after they take over operations of another company.

Perfectly clear successor