Burns Security Services 406 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

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

Burns (cont.) Dissent Differing views 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