United States Third Circuit

Because an unconsenting successor cannot be bound by the substantive provisions of its predecessor's agreement, an employer who has expressly refused to be bound by a predecessor's collective bargaining agreement does not have to arbitrate grievances under that agreement.

Appellate Information

• Argued 11/30/2000
• Decided 09/26/2001
• Published 09/26/2001

Judges

• Before:  BECKER, Chief Judge, RENDELL, and MAGILL, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Ira H. Weinstock (Argued), Joseph P. Milcoff, Ira H. Weinstock, P.C., Harrisburg, PA, Counsel for Appellant.


• For Appellees:
  
• John G. Creech (Argued), D. Randle Moody, II, Haynsworth, Baldwin, Johnson & Greaves, Greenville, SC, and Mark J. Manta, Esq. Klett, Rooney, Lieber & Schorling, West Trenton, NJ, Counsel for Appellee.