Did The NLRB Just Hand NLRA Successorship To States?

Law360, New York (September 23, 2015, 10:52 AM EDT) -- On Aug. 27, 2015, in GVS Properties LLC,[1] a case of first impression, the National Labor Relations Board in a 2-1 decision held that a purchaser employer becomes a Burns successor with an obligation to recognize and bargain with a union when, as required by a local worker retention law, it has to hire the predecessor employer's employees for a "trial period." While GVS Properties did not receive the press coverage of the Browning-Ferris decision issued that same day, it should have. Effectively the NLRB has delegated to states and local governments the ability, by statute, to force purchasers to recognize unions and be subject to collective bargaining. This decision, and the litigation fallout to come over preemption, will have far-reaching consequences for any company interested in possibly purchasing another....

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