D.C. Circuit Rejects NLRB “Successor Bar” for Unionized Business Acquisitions

Short summary

The D.C. Circuit invalidated the NLRB's successor bar rule, which required new owners of unionized businesses to bargain with the incumbent union for up to one year before employees could challenge its status. The court held the rule violates the NLRA by forcing employers to bargain with a union lacking majority support. Successor employers can now act on employee-presented evidence that a union no longer represents a majority.

• •D.C. Circuit struck down NLRB successor bar rule as conflicting with the NLRA
• •Successor employers can challenge incumbent union status if employees present evidence of lost majority support
• •Decision has national implications but continued uncertainty expected pending potential appeals

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