Menges, Borden, Bolt Discuss Hotel Real Estate Deals and Labor Unions

December 8, 2017

Richmond real estate and land use partner Charlie Menges, and labor and employment partners Seth H. Borden from New York and Brennan W. Bolt from Atlanta wrote an article for the November 2017 issue of ACREL News on the complications of buying a hotel in a large metropolitan area, where such property often is unionized and may be covered by an industry-wide collective bargaining agreement.

The authors explored some of the labor issues of such deals — concerns many real estate lawyers mistakenly consider secondary, which can have costly consequences. Issues they discussed include underfunded pension plans, union rules and obligations, neutrality and card-check organizing provisions, “Successors and Assigns” clauses of industry-wide bargaining agreements, and the National Labor Relations Act’s “successorship minefield.” The authors also listed key takeaways for transactional lawyers handling acquisitions of unionized hotels.

ACREL News is published by the American College of Real Estate Lawyers, an organization of U.S. real estate lawyers elected to fellowship for their “outstanding legal ability, experience and high standards of professional and ethical conduct in the practice of real estate law.” Menges is a member of the organization and chairs ACREL’s Hotels, Resorts and Hospitality Industry Committee.