Document Type
Thesis
Date of Award
5-31-1991
Degree Name
Master of Science in Management - (M.S.)
Department
School of Industrial Management
First Advisor
Anthony Kahng
Abstract
A wave of business acquisitions is currently sweeping the American corporate scene. Companies are purchasing both unionized and non-unionized businesses at a dizzying pace.
Not surprisingly, after years of confrontational contract renewals, management and 10 unions at the New York Daily News are jockeying for position in talks over agreements that expire on March 30, 1990. Throughout the long negotiation process then the strike began on October 25, 1990. End with Robert Maxwell, the British press baron, signing an agreement on his purchase of the Daily News on March 14, 1991. Obviously, this question of successor employers' obligations is one that events may always force us to face.
This thesis endeavors to analyze the substantial labor law implications that can confront both seller and buyer upon the sale or discontinuance of all or part of a business. Commencing with the time that such action is contemplated, we will examine the confusing history of the successorship doctrine, including its application to the employers' legal obligations to notify and bargain with the union, the subjects over which it is required to bargain, the effects on displaced employees, and the continuing applicability of the collective bargaining agreement to remaining employees. We will also examine the obligations of the purchasing entity vis-a-vis the seller's collective bargaining agreement and former employees.
The first chapter of this thesis analyzes the Supreme Court early successorship decisions and the second chapter analyzes to what extent is the successor obligated to honor the previous collective bargaining agreement. The third chapter explains the union's view of successorship and the circumstances under which the union would permit successor unions. Chapter 4 suggests certain guidelines for the perspective successorship.
Finally, chapter 5 of the thesis offers a conclusive evaluation about the successorship doctrine.
Recommended Citation
Lu, Ting-Wang, "Successor employers' obligations under the National Labor Relations Act" (1991). Theses. 2553.
https://digitalcommons.njit.edu/theses/2553
