PARTIES; DEFINITIONS; WHO IS AN EMPLOYER? – Successor Employers; Alter Egos

Single Topic for Decision 2670M

View all topics for Decision 2670M

Full Decision Text (click on the link to view): Full Text

201.03000 – Successor Employers; Alter Egos

To determine whether a substantial continuity of operations exists, the Board examines whether the business of both employers is essentially the same; whether the successor’s employees are doing the same jobs in the same working conditions under the same supervisors; and whether the new entity has the same production process, produces the same products, and maintains the same body of customers. (p. 23.) These factors are based upon the totality of the circumstances and assessed primarily from the perspective of the retained employees. (Ibid.) An employer cannot rely on prospective operational changes that may or may not be implemented in the future to create doubt as to the substantial continuity of operations. (p. 25.)