Creative Vision Resources, LLC v. NLRB

The Fifth Circuit denied Creative's petition for review of the Board's reversal of the ALJ's conclusion that Creative was not a "perfectly clear" successor and accordingly was within its rights to set initial terms and conditions of employment instead of bargaining with the incumbent union. The court held that Creative was not a perfectly clear successor where Creative's June 2 announcement of new terms was untimely and the majority of Creative's hoppers were not provided sufficient notice of the new terms. The court rejected Creative's argument that it did not violate its bargaining obligation because at the time Creative unilaterally set terms, the Union had not sent a bargaining demand. The court declined to require a union bargaining demand to trigger a perfectly clear successor's duty not to unilaterally set initial terms of employment. Finally, the court held that because Creative did not timely object to Acting General Counsel Lafe Solomon's authority to file the complaint, the court's review of any such argument was barred. View "Creative Vision Resources, LLC v. NLRB" on Justia Law