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Some contracts, however, include "active" successorship provisions that, for example, bind the seller to require purchasers to assume the existing CBA or to negotiate a new CBA as a condition of closing.
We now know that the only two federal appellate courts that have addressed the issue of successorship have adopted a broad approach.
Union officials said they were pleased to get a successorship clause included in the contract, so that if Wayzata sells the mill, the new owners would be obliged to abide by the existing contract for the term of the agreement and workers would keep their jobs.
A successorship plan has been put into place, with key employees regularly being identified for promotion.
139) The key provisions of AB 1688 are the registration requirements, (140) including fee collection (141) and establishment of a surety bond, creation of the Car Wash Worker Restitution Fund and Car Wash Worker Fund, (142) the successorship provision, (143) and the record keeping provision.
The court also imposed certain due process conditions precedent to an NLRB finding of successor liability, including the requirement of an evidentiary hearing, after adequate notice, on the issue of successorship and/or on the enforcement of any order issued against a purported successor.
As Duizend-Jensen shows, this led to conflicts between the highly assimilated Jewish Community in Vienna and certain re-established clubs, such as Orthodox or Zionist associations that did not accept the legal successorship of the Jewish Community and fought for their own share of the restituted assets.
the free and clear delivery of the Assets shall include, but not be limited to, all asserted or unasserted, known or unknown, employment related claims, payroll taxes, employee contracts, employee seniority accrued while employed with any of the Sellers and successorship liability accrued up to the date of closing of such sale.
News of a replacement could bring clarity to the Gannett CEO successorship issue, as the USA Today appointment could be seen as a steppingstone.
The suit claims that Sea Star has refused to honor a successorship provision under the collective bargaining agreement last signed by Navieras and Local 1575 on July 2001.