Potential Liability of New Employers to Pre-Existing Collective Bargaining Agreements and Pre-Existing Unions: A Comparison of Labor Law Successorship Doctrines in the United States and Canada

Schreiber, Phillip M. | January 1, 1992

Successorship questions arise in many areas of corporate law when one business entity takes over another business entity. In labor law, successorship issues can arise whenever one business entity takes over another business entity which has employees that are collectively organized. Similar successorship issues in labor law exist in both the United States and Canada. However, both the determination of successor status and the consequences of this determination differ in the United States and Canada. In addition, differences exist within the various Canadian provinces and federal territories. This comment will explore and analyze these differences.