Section 4113.30 | Enforcing successor clause in collective bargaining agreement.
(A) As used in this section:
(1) "Successor employer" means any purchaser, assignee, or transferee of a business that is party to a collective bargaining agreement, if the purchaser, assignee, or transferee conducts or will conduct substantially the same business operation or offer the same service, and uses the same physical facilities as the contracting employer.
(2) "Public employer" means the state or any political subdivision of the state, including, without limitation, any municipal corporation, county, township, school district, state institution of higher learning, any public or special district, or any state agency, authority, commission, board, or other public employer.
(B) Where a collective bargaining agreement between an employer and a labor organization contains a successor clause, such clause is binding upon and enforceable against any successor employer who succeeds to the contracting employer's business until the expiration date stated in the agreement, except that no successor clause is binding upon or enforceable against any successor employer for more than three years from the effective date of the collective bargaining agreement between the contracting employer and the labor organization.
(C) An employer who is a party to a collective bargaining agreement containing a successor clause shall disclose the existence of the agreement and clause to any successor employer. The disclosure requirement is satisfied by including in any contract of sale, agreement to purchase, or any similar instrument of conveyace, a statement that the successor employer is bound by such successor clause as provided for in the collective bargaining agreement.
(D) This section does not apply:
(1) To any public employer;
(2) To any employer who is subject to the "National Labor Relations Act of 1935," 49 Stat. 449, 29 U.S.C.A. 151, as amended, or "The Railway Labor Act of 1926," 44 Stat. 577, 45 U.S.C.A. 151 as amended.
Available Versions of this Section
- October 9, 1978 – House Bill 783, 112th General Assembly [ View October 9, 1978 Version ]