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Author Question: Did the fact that there was a seven-month hiatus between the shutdown of Sterlingwale and the ... (Read 41 times)

fbq8i

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on: Jun 24, 2018
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

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Reply #1 on: Jun 24, 2018
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.


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fbq8i

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Reply #2 on: Jun 24, 2018
Thank you :)


joanwhite

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Reply #3 on: Jun 24, 2018
Happy to help you


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