Can a Union Demand to Negotiate with a Successor Under the NLRB Case Burns?

Question from Gixmo, Can a Union Demand to Negotiate with a Successor Under the NLRB Case Burns?

Answer from AI:

Under the National Labor Relations Board (NLRB) case, Burns International Security Services, Inc. 406 U.S. 272 (1972), a union can indeed demand to negotiate with a successor employer. This case established the principle of “successorship” in labor law, which means that when a new employer takes over a business and retains a majority of the previous workforce, the new employer is considered a “successor” and is obligated to recognize and negotiate with the existing union.

Understanding the Burns Case

In the Burns case, the Supreme Court held that a successor employer is required to bargain with the incumbent union if:

• The new employer has hired a substantial number of employees from the predecessor, and
• Those employees constituted a majority of the new employer’s workforce in an appropriate bargaining unit.

However, the Court also clarified that a successor is not bound by the substantive terms of the predecessor’s collective bargaining agreement. This means that while the successor must negotiate with the union, they are not obligated to agree to the same terms that were in the previous contract.

When Legal Advice Might Be Necessary

While the Burns case provides a general guideline, the specifics of each situation can vary greatly. Therefore, it is often necessary to seek legal advice when dealing with issues of successorship and union negotiations. A legal professional can help interpret the law in the context of your specific circumstances and guide you through the negotiation process.

Resources for Further Information

For more information on the Burns case and successorship in labor law, you can refer to the following resources:

• The National Labor Relations Board website provides a wealth of information on labor law and union rights.
• The Oyez Project offers a detailed summary and analysis of the Burns case.

Remember: While this information provides a general understanding of the Burns case and successorship, it is not a substitute for legal advice. Always consult with a legal professional for personalized advice.