The Grissom family owned and operated a motor lodge and restaurant franchised by the Howard Johnson Co.;

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The Grissom family owned and operated a motor lodge and restaurant franchised by the Howard Johnson Co.; they employed fifty-three employees, who were represented by the Hotel & Restaurant Employees Union. The Grissoms sold their business to the Howard Johnson Co. Howard Johnson hired forty-five employees, nine of whom were former employees of the Grissoms. The union requested that Howard Johnson recognize it and meet the obligations of the prior collective agreement, but Howard Johnson refused. The union then sought arbitration of the question of the successor’s obligations under the agreement; it filed a suit under Section 301 to compel Howard Johnson to arbitrate.

Is Howard Johnson required to recognize and bargain with the union? Is Howard Johnson required to arbitrate the question of the successor’s obligation? Explain your answer. See Howard Johnson Co. v. Hotel & Restaurant Employees Detroit Local Joint Board [417 U.S. 249 (1974)].

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Employment And Labor Law

ISBN: 9781439037270

7th Edition

Authors: Patrick J. Cihon , James Ottavio Castagnera

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