Boston University School of Law
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.
Rent Appropriation and the Labor Law Doctrine of Successorship,
Boston University Law Review
Available at: https://scholarship.law.bu.edu/faculty_scholarship/746