Did the fact that there was a seven-month hiatus between the ...

[fbq8i]

Did the fact that there was a seven-month hiatus between the shutdown of Sterlingwale and the start-up of Fall River demonstrate that Fall River was not a successor?

Question 2

Is a successor under an obligation to hire the employees of its predecessor?

[joanwhite]

Answer to Question 1

No. A hiatus is only one factor to be considered. The totality of the circumstances presented a successorship situation.

Answer to Question 2

The successor is not obligated to hire the employees of its predecessor. However, it cannot discriminate against union members in its hiring to avoid being designated a Burns successor. That is, a new owner cannot have a hiring policy that excludes union members from consideration for a job simply because of their union membership at the predecessor's establishment.

[fbq8i]

Thank you

[joanwhite]

Happy to help you