Federal Appeals Court Strikes Down NLRB’s Successor Bar, Changing Labor Analysis for Business Acquisitions

The U.S. Court of Appeals for the D.C. Circuit has invalidated the National Labor Relations Board’s (NLRB or Board) “successor bar,” which required certain buyers of unionized businesses to recognize and bargain with the incumbent union for up to one year and prohibited the employer from unilaterally withdrawing recognition based on a claimed loss of majority support.