Local Union No. 5741, United Mine Workers of America, Cross v. National Labor Relations Board

I respectfully dissent.

The majority opinion discusses many of the factors to be considered in determining whether successor liability should be imposed. It does not, however, place appropriate significance on the fact that Local 5741 did not voluntarily choose to become the successor to Local 9639. The majority opinion acknowledges that it is “probably true” that Local 5741 did not become the successor voluntarily. In fact, the NLRB admitted that Local 5741 “... was obligated to accept valid transferees as members.” (NLRB brief, p. 4.) This factor, in my opinion, distinguishes this case from…