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Re:Bandcamp's Entire Union Bargaining Team Was Laid Off by jacobr1 on Thursday October 19, 2023 @10:47AM (#37943643)
Except there is no #4 in this case.

The question really should just be in #1 is legal. The extra shenanigans doesn't change that question.

Re:Bandcamp's Entire Union Bargaining Team Was Laid Off by gizmo on Thursday October 19, 2023 @11:26AM (#37944214)
But it would still set the /precedent/ that you can lawfully shed troublesome employees who you could otherwise not fire by changing the ownership structure of a company.

#1 by itself is not illegal. When companies move a factory overseas they also just fire everybody. Not nice, but not illegal.

Re:Bandcamp's Entire Union Bargaining Team Was Laid Off by chimeracoder on Thursday October 19, 2023 @11:52AM (#37944564)
> #1 by itself is not illegal. When companies move a factory overseas they also just fire everybody. Not nice, but not illegal.

It's not illegal in se, but it is illegal if it's done in order to retaliate against employees for organizing, in order to target union employees, in order to undermine a union, etc.

There's a question of enforcement, and there's the challenge of proving that to the requisite legal standard. But assuming the facts are established, it's actually a very clear violation of the NLRA.