Monday, March 1, 2010
Drew Willis (Northern Kentucky) and our own Rick Bales (Northern Kentucky) have just posted their recent paper on SSRN: Narrowing Successorship: The Alter Ego Doctrine AndThe Role of Intent.The abstract states:
When one company is acquired by another in a bona fide transaction, the successor employer generally is not bound by the substantive provisions of a collective-bargaining contract negotiated by its predecessor. However, when a company merely changes its name or corporate form, courts will use the alter ego doctrine to hold the company to its labor obligations. Courts are split regarding the role intent should play in distinguishing successor companies from alter ego companies. Our article argues that courts should be able to infer invidious intent from anti-union animus; from the employer’s receiving a foreseeable benefit by eliminating its collective bargaining obligations; or from the employer’s desire to avoid its collective bargaining obligations, even if the employer was motivated by other factors also.
An interesting entry into the mixed motives fray from a new direction.