Burns Security Services 406 U.S. 272, 1972

1. Burns Security Services406 U.S. 272, 1972 • A successor is obligated to bargain with a union representing predecessor’s ees if • a collective bargaining representative was certified within the last year • new employee complement consists of a majority of the predecessor’s employees • Rationale for Bargaining Obligation • Importance of Board certification • Change of employers not such an unusual circumstance that Board certification should not stand

2. Burns (cont.) • Successor not required to adopt CBK of predecessor and union • Board may not require either party to agree to TCE (8(d)). • Wiley decision that purchaser required to assume obligations of predecessor not relevant • Burns did not purchase Wackenhut • did not agree to assume Wackenhut’s obligations • Successor may set initial TCE but still must bargain with union • not a “unilateral change” per Katz as er has had no TCE from which a change can be made

3. Burns (cont.) • Dissent • not clear that a majority of ees wish UPG to represent them • not clear that single facility unit appropriate • concerned about rights of employers to order their business affairs • Differing views • majority - focus on ees’ view of business • dissent - focus on er’s view of the business