(a) If the Successor Employer determines that it requires fewer Eligible Employees than were employed by the Incumbent Employer, the Successor Employer shall retain Eligible Employees by seniority based on the date of hire by the Incumbent Employer or, if there is an applicable collective bargaining agreement, pursuant to that agreement.
(b) During the 90-day transition employment period established in Section 41.4, the Successor Employer may not discharge without cause an Eligible Employee retained pursuant to this Article 41.
(c) The Successor Employer may not employ any individual other than an Eligible Employee in the Eligible Employee’s job classification for the Formula Retail Establishment from the date that the Transfer Document is fully executed until 90 days after the Successor Employer opens the business to the public.