Abstract

http://ssrn.com/abstract=1560068
 


 



Narrowing Successorship: The Alter Ego Doctrine and the Role of Intent


Drew Willis


Northern Kentucky University - Salmon P. Chase College of Law

Richard A. Bales


Ohio Northern University - Ohio Northern University College of Law

February 26, 2010

DePaul Business & Commercial Law Journal, Forthcoming

Abstract:     
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.

Number of Pages in PDF File: 21

Keywords: successor, predecessor, successorship, collective bargaining, alter ego

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Date posted: March 1, 2010  

Suggested Citation

Willis, Drew and Bales, Richard A., Narrowing Successorship: The Alter Ego Doctrine and the Role of Intent (February 26, 2010). DePaul Business & Commercial Law Journal, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1560068

Contact Information

Drew Willis
Northern Kentucky University - Salmon P. Chase College of Law ( email )
Nunn Hall
Highland Heights, KY 41099
United States
Richard A. Bales (Contact Author)
Ohio Northern University - Ohio Northern University College of Law ( email )
525 South Main Street
Ada, OH 45810
United States
419-772-2205 (Phone)
HOME PAGE: http://law.onu.edu/node/3073
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