Donald Will, the owner of Will Poultry, is 86 years old and seeks to sell the
company. However, he wants the company to remain in Western New York.
Plaintiff states that Mr. Will has searched for approximately three years to find a
buyer who intends to keep the company in Buffalo and retain some, if not all, of
its current employees. On September 13, 2013, Will Poultry entered into an
Asset Purchase and Sale Agreement (“APA”) with a potential buyer. Plaintiff
maintains that it chose this buyer, in part, because it intends to keep the company
local and retain some of the current employees.
The APA requires Will Poultry to terminate the employment of all
employees prior to closing, and gives the purchaser the discretion to offer
employment to any or all of Will Poultry’s employees. Further, the APA does not
require the purchaser to recognize Local 264 or assume the CBA