475 U.S. 192 (1986) Cited 76 times 1 Legal Analyses
Holding that labor law prohibits the assignment or transfer of a collective bargaining agreement against the wishes of the workers for whom the agreement provides representation
In NLRB v. O.K. Van Storage, Inc., (5 Cir. 1961) 297 F.2d 74, 76, the necessity for granting a hearing on objections to an election was under consideration.
Observing that the Board compares pre- and post-merger unions for continuity by looking to the "structure, administration, officers, assets, membership, autonomy, by-laws, size, and territorial jurisdiction, with an eye toward changes in the rights and obligations of the union's leadership and membership, and in the relationships between the putative bargaining agent, its affiliate, and the employer"
Challenging employer has burden of proving discontinuity, and Board findings regarding continuity are conclusive if supported by substantial record evidence