Ameristeel Corp. v. International Brotherhood of Teamsters

It is surprising that thirty-seven years after John Wiley & Sons v. Livingston, 376 U.S. 543, 84 S.Ct. 909, 11 L.Ed.2d 898 (1964), in which the Supreme Court first tackled the issue of successorship liability in labor cases, the law in this area is still unsettled. Wiley established that the notion of “substantial continuity in the identity of the business enterprise” is the principal criterion for determining successorship liability, and held that, in appropriate circumstances, successor employers can be required to arbitrate with their employees’ union under the terms of the collective…