Rejection Of NLRB Successor Bar Renews An Employer Tool

By Tim Garrett and Hunter Yoches ( September 2, 2026, 3:42 PM EDT) -- On July 21, the U.S. Court of Appeals for the District of Columbia Circuit invalidated the National Labor Relations Board's successor bar doctrine in Hospital Menonita de Guayama Inc. v. NLRB. That doctrine required certain buyers of unionized businesses to recognize and bargain with the incumbent union for up to one year after acquisition, and prohibited the employer from unilaterally withdrawing recognition of the incumbent union based on a claimed loss of majority support....

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