![]() ![]() #Perfectly clear free#In the case of NLRB v Burns Security Services, Inc, the Supreme Court held that generally, the successor employer is free to set the initial terms and conditions of employment of the bargaining unit’s workforce prior to negotiating with the union under the collective bargaining agreement (CBA).Īn exception to the general rule applies if it is perfectly clear that the new employer will retain all or substantially all of the employees in a bargaining unit. ![]() The decision allows a successor employer to retain its right to unilaterally set the initial terms of employment despite its discriminatory actions that directly affect less than all of the predecessor employees.Ī new employer which takes over a business with a unionized workforce, operates the business in a substantially unchanged form and retains a majority of the bargaining unit’s workforce is a successor employer. The decision, Ridgewood Health Care Center Inc., and Ridgewood Health Services, Inc., overrules precedent which had established that a successor employer which uses discriminatory hiring practices to target less than all of the bargaining unit’s employees and deprives the union of majority status is a perfectly clear employer. 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 construed as a perfectly clear successor and forced to forfeit its right to set initial employment terms. ![]()
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