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Employee Relations Law Journal Features Fisher Phillips’ Article in Spring 2021 Edition


In his article for the Employee Relations Law Journal, Clyde Jacob examines the Supreme Court’s successor employer doctrine and recent cases before the National Labor Relations Board (NLRB) involving the National Labor Relations Act (NLRA). The article, featured in the Spring 2021 edition, takes a close look at a unique area of corporate mergers and acquisitions particularly when a predecessor employer has employees represented by a labor union.

Clyde’s article details how the NLRB and courts have not followed the Supreme Court’s precedent, known under the NLRA as the “Successor Employer or Successorship Doctrine,” in this area for more than 40 years. He explores in detail recent case outcomes by the agency and the courts that have waivered from the Supreme Court’s original ruling. Clyde argues these rulings have created a glaring discrepancy for employers and declares it is time for a return to the Court’s precedent.

To read the article, visit the Employee Relations Law Journal.



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