Reference no: EM131465741

The union filed a grievance regarding management's failure to pay for physical exams of those employees who work with hazardous materials. The basis of the grievance was that management agreed to do so in a memo of understanding signed by the parties when the hazardous work was commenced last year, but the list of topics that could be arbitrated had been created before the hazardous work was contemplated by the company. As a result, the physical exams were not on the list of topics that could be arbitrated. Moreover, the company had been bought in a hostile takeover by a holding company, and the new owners had not entered into any subsequent collective bargaining agreements. The union sought to have the failure to pay for physicals arbitrated, but management argued that it was not required to do so because it was not on the list of topics for arbitration, and, moreover, the company that entered into the collective bargaining agreement was no longer the owner of the company. Can the new owner be compelled to arbitrate this issue? A. No, because the contract is no longer valid. B. No, because the ownership has changed and the new owner is not subject to the contract. C. Yes, but only if the new owner agrees to be bound by the contract. D. Yes.