Collective Bargaining Obligations: When Must a Changed Employing Entity Bargain with an Existing Union?

Summary

This practice note discusses when and to what extent a new or changed employing entity has bargaining obligations with a certified or recognized union that represented the employees of a predecessor employer entity. The new employer—if it is a successor employer to the predecessor's bargaining obligation—may either have to continue the status quo terms of a collective bargaining agreement between the union and the previous employer or may be allowed to set initial terms, with any subsequent changes subject to its duty to bargain with the union.