Penn State World Campus Business Law Questions

good morning, i was wondering if you had time? I tried to figure this out but unfortunately, I did not think my answer was good. could you help me ?  the book is Labor and employment law text and cases 16th edition. please let me know if you can by Tuesday morning and if you need anything else from me.

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You are the Vice President of Human Relations for Fresh Baked Wonders, Inc. (“Fresh”) and have just received a memo from Trudy Bakewell, the president of Fresh. Please address Trudy’s questions and concerns.

Trudy’s Memo

As you know, we’ve decided to acquire Bagel Bites (B&B), a unionized company. We’ll be purchasing B&B’s plant and other assets, including equipment, goodwill, and intellectual property such as recipes. Since we’ve always been nonunion here at Fresh, we’d like to keep it that way. But we don’t want to get bogged down with a lot of unfair labor practice charges. In fact, we prefer a smooth transition, with minimal downtime. And we want to end up with capable employees who can keep production going without missing a beat.

We’ll be consulting with our high-priced lawyers shortly, but in the meantime, I’d like to pick your brain based on the labor and employment law classes you’ve been taking online.

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Please let me know:

what law applies here and what obligations and rights we have under that law in this context;

whether we will have to recognize or bargain with the union that represents the B&B workforce, the factors that impact that potential obligation, and the scope of that obligation if we have it;

whether we can lawfully avoid the union altogether and in what circumstances;

what we need to keep in mind when publicly announcing our plans, from both a legal and a practical point of view;

  • what we should say to the B&B union and the current B&B employees, from both a legal and a practical point of view;
  • whether there is a reason to say anything about our planned hiring process and terms of employment and if so, what and why;
  • whether we can just declare what the new terms of employment will be once we acquire B&B; and
  • whether we are obliged to hire any of the current B&B employees, and the scope of our obligations and rights in that regard.
  • I’m also wondering:
  • If we hire non-B&B people, what kinds of legal challenges might we get, what should we do to avoid those challenges, and how can we maximize our chances of winning those cases?
  • If those challenges were to be successful, what remedies could be awarded against us?
  • Could we avoid potential liability by contracting out the whole hiring process to an agency (while we, of course, control it behind the scenes)?
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