Creative Vision Resources, LLC v. NLRB

Case Updates

The Fifth Circuit denied the petition for review, holding that substantial evidence supports the NLRB’s conclusion that Creative Vision Resources was a “perfectly clear” successor and violated the NLRA by unilaterally setting initial terms and conditions of employment.

The U.S. Chamber filed an amicus brief urging the Fifth Circuit to overturn a National Labor Relations Board (“NLRB”) decision that restricts a successor employer’s right to unilaterally set initial terms and conditions of employment. The brief argues that the NLRB’s decision expanding the “perfectly clear” exception contradicts decades of established Supreme Court and NLRB precedent and will discourage the purchase and rehabilitation of businesses.

Brian E. Hayes, Todd. C. Duffield, Jenn Betts, and Gavin S. Martinson of Ogletree, Deakins, Nash, Smoak & Stewart, P.C. served as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.