Extract to table

Each AVP employee must receive an individual offer of employment from CPS and must affirmatively accept that offer in order to become a CPS employee

Any terminations of AVP employees in connection with the transaction — whether because CPS does not extend offers to certain employees or because employees decline CPS's offers — must be analyzed under the federal WARN Act and the Pennsylvania Worker Notification Act

In Burns, the Court held that a successor employer is required to recognize the union and bargain in good faith but is generally not bound by the substantive terms of the predecessor's collective bargaining agreement

If CPS contemplates any operational changes at the Butler facility that could involve subcontracting or outsourcing, these provisions must be reviewed carefully

CPS must ensure that the health and welfare benefits it provides to bargaining unit employees following the closing are consistent with the CBA's requirements

Rollover and Distribution Issues The non-assumption of the AVP 401(k) Plan gives rise to several rollover and distribution issues that must be addressed in connection with the transaction: Rollover Opportunity