DOES A NEW CONTRACTOR WHO WINS A NEW FEDERAL JOB HAVE TO ASSUME THE PREDECESSOR UNION CONTRACT
October 28, 2024
1. Employers should note that the weekly emails that are being sent from H. Sanford Rudnick & Associates are current cases at the NLRB.
2. When a new contractor takes over a federal union job, the obligation to assume the existing union contract generally depends on several factors, especially those under the National Labor Relations Act (NLRA) and the Service Contract Act (SCA), as well as specific determinations by the National Labor Relations Board (NLRB).
Here are the key considerations:
3. Successorship Doctrine: Under the NLRB’s successorship doctrine, if a new contractor is considered a "successor employer" to the previous contractor, it may be required to recognize and bargain with the existing union if the union represents a majority of the new contractor’s workforce. However, the new contractor does not automatically have to assume the terms of the existing collective bargaining agreement (CBA) unless it voluntarily chooses to do so.
4. Duty to Bargain: While the new contractor is generally not obligated to adopt the existing CBA, it does have a duty to bargain with the union over the terms and conditions of employment. The new contractor may propose new terms, which can lead to renegotiation. However, during bargaining, the contractor must honor certain wages and benefits as stipulated by the Service Contract Act.
5. Service Contract Act (SCA): For federal service contracts covered by the SCA, the new contractor must typically pay wages and benefits that are at least as favorable as those under the existing union contract. This requirement helps ensure continuity for workers, even if the new contractor does not formally adopt the union’s CBA.
6."Perfectly Clear" Successor: If the new contractor clearly indicates an intention to retain the existing workforce under similar terms, it may be viewed as a "perfectly clear" successor. In this case, the NLRB may require the contractor to maintain the existing terms and conditions of employment temporarily and bargain with the union before making any unilateral changes.
7.In summary, the new contractor must recognize the union if it retains a majority of the previous contractor’s unionized workforce, but it is not necessarily bound by the prior union contract’s specific terms. The new contractor is expected to engage in good-faith bargaining with the union to establish new terms and conditions, adhering to any minimum standards required by the Service Contract Act.
8. If your company needs assistance in determining if you are a successor employer and is bound by the unions contract, please contact H. Sanford Rudnick & Associates at 1-800-326-3046.
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