1. 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

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 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