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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