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Fall River. Bargaining obligation incurred by successor when there is a “rebuttable presumption” of union majority status Successorship determined by “substantial continuity” doctrine same business, jobs, working conditions, production process, products, customers totality of circumstances

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fall river
Fall River
  • Bargaining obligation incurred by successor when there is a “rebuttable presumption” of union majority status
  • Successorship determined by “substantial continuity” doctrine
    • same business, jobs, working conditions, production process, products, customers
    • totality of circumstances
    • ee perspective
  • Bargaining obligation incurred if predecessor’s ees a majority of “substantial and representative complement” of successor’s ees
fall river cont
Fall River (cont.)
  • accepts “continuing bargaining demand” rule
    • once union makes a bargaining demand, it is maintained, even if it is initially made before “substantial and representative complement” hired
dissent
Dissent
  • No successorship; no “substantial continuity”
  • Employer Perspective
    • Break in continuity
      • 6 months between Sterlingwale demise and Fall River establishment
      • 9 months between Sterlingwale demise and Fall River production startup
    • No business relationship between Sterlingwale and Fall River
    • Attraction of customers on its own and not due to Sterlingwale
  • Employee Perspective
    • Sterlingwale ees expected no further empl. with co.
    • Expiration of CBA
    • Fall River advertised for new workers
    • No continuity of workforce to presume maj. status
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