Publication Date
1968
Abstract
In past decisions the Supreme Court has emphasized the central role of arbitration in effectuating national labor policy.' Pursuant to its concern the Court in John Wiley & Sons Inc. v. Livingston held
that the disappearance by merger of a corporate employer which has entered into a collective bargaining agreement with a union does not automatically terminate all rights of the employees covered by the agreement, and that, in appropriate circumstances, present here, the successor employer may be required to arbitrate with the union under the agreement.
The Court's historic pronouncement in Wiley was based on derogation of common law conceptions of contract The Court stated that application of a collective bargaining agreement was not circumscribed by inflexible delimitations of contract law which would not bind a successor employer or a party to the original collective bargaining negotiations, Rather collective bargaining agreements should be interpreted in the context of national labor policy With regard to this policy the Court found that "the impressive policy considerations favoring arbitration are not wholly overborne by the fact that Wiley did not sign the contract ....
Recommended Citation
M.,, R. F. Jr
(1968)
"Obligations of Successor Employers: Recent Variations on the John Wiley Theme,"
Georgia Law Review: Vol. 2:
No.
4, Article 5.
Available at:
https://digitalcommons.law.uga.edu/glr/vol2/iss4/5