Document Type

Article

Publication Date

11-1990

ISSN

0006-8047

Publisher

Boston University School of Law

Language

en-US

Abstract

When there is a change of corporate control in a business enterprise a question arises as to whether the new employer should be bound by the predecessor's collective bargaining relationship with the union representing the predecessor's employees. This is known as the successorship problem in labor law.' Successorship doctrine is complex and controversial. Several commentators have attempted to reconcile Supreme Court decisions and to ascertain the assumptions underlying the Court's opinions in this area.2 This Article does not attempt to do this, although paradoxically, the arguments presented may lead to reconciliation of many of the Supreme Court's decisions relating to successorship. Instead, this Article examines the theoretical basis for a successorship rule.

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