6704223018 For further information about these entities and DLA Piper's structure, please refer to the Legal Notices page of this website. Therefore, it is imperative that, before closing, potential buyers assess what their labor obligations (if any) are. In April, the General Counsel issued a memorandum instructing the NLRB's regional offices to submit all cases involving an alleged successor's refusal to bargain, as well as claims that a successor has discriminatorily refused to hire the seller's employees, to the NLRB's injunction litigation branch. According to the Board, “[t]hese temporary injunctions are needed to protect the process of collective bargaining and employee rights under the Act, and to ensure that Board decisions will be meaningful.” In recent years, the Board has focused its attention on obtaining such injunctions for violations that occur during the period after a union’s certification, when parties are or should be bargaining for an initial collective bargainingagreement. Section 10(j) of the National Labor Relations Act authorizes the Board, upon issuance of a complaint, to seek a temporary injunction in US district court to stop unfair labor practices while the case is being litigated. Supreme Court has held that a successor employer is not privileged to set initial terms and conditions of employment for its newly hired workforce if it is perfectly clear that the new employer plans to retain all the employees in the unit. Location: United States Select a local version of the site Our site provides a full range of global and local information. Home Search Browse Collections My Account About Digital Commons Network . People Sectors Services Insights About Us Locations News Careers DLA Piper Global Law Firm Menu Insights Publications Publications Blogs Events Publications Publication Series Resources Topics Email Print PDF Share NLRB will focus on injunctions in successor cases: for potential buyers, 6 questions about their labor obligations Employment Alert Share this 2 JUN 2014 By: Katharine J.
All rights reserved . Landsverk Buyer Beware: Unwary Business Purchasers Could Be Unknowingly Buying Into a Union 07.01.14 Employment Law & Labor Relations Electronic Updates, News You Can Use Wayne Landsverk No one likes surprises when buying a company, particularly when it comes to labor relations and union obligations. 2016 DLA Piper. Attorney advertising. Contact UsLocationsPress RoomDisclaimer and Privacy PolicySite Map Client Log-in 2016 Miller Nash Graham & Dunn LLP. Search PrintPDF X Close X Close X Close Practice Teams Employment Law & Labor Relations Knowledge Center BlogsVideos/WebinarsNewsEventsPublicationsRSS Related Professionals Wayne D. 2. Hunter Law Library HomeAboutFAQMy Account BYU Law Digital Commons If you're reading this page you may have mis-typed the link or it may have been truncated if you copied it from an email. If a buyer discovers that the seller's labor agreement contains such a provision, it should ensure that the seller has fully resolved all issues with the union to avoid any risk that this language would create problems after the deal has closed. 3.
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