Labor Law, 2018 Bar — Question XVI-c

ESSAY

Nagrab Union and Nagrab Corporation have an existing CBA which contains the following provision: "New employees within the coverage of the bargaining unit who may be regularly employed shall become members of Nagrab Union. Membership in good standing with the Nagrab Union is a requirement for continued employment with Nagrab Corporation." Nagrab Corporation subsequently acquired all the assets and rights of Nuber Corporation and absorbed all of the latter's employees. Nagrab Union immediately demanded enforcement of the above-stated CBA provision with respect to the absorbed employees. Nagrab Corporation refused on the ground that this should not apply to the absorbed employees who were former employees of another corporation whose assets and rights it had acquired. (c) How would you advise the human resources manager of Nagrab Corporation to proceed? (2.5%)

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