NATIONAL LABOR RELATIONS BOARD
v.
BURNS INTERNATIONAL SECURITY SERVICES, INC. (FORMERLY KNOWN AS WILLIAM J. BURNS INTERNATIONAL DETECTIVE AGENCY, INC.), ET AL.; AND BURNS INTERNATIONAL SECURITY SERVICES, INC. V. NATIONAL LABOR RELATIONS BOARD ET AL.
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The Supreme Court addressed whether a successor contractor must recognize and bargain with a union that represented the predecessor contractor's employees, even when the two contractors had no dealings with each other, the predecessor's work was a small portion of its business, the new contractor integrated the work into its existing operations, and the predecessor's employees became a minority of the facility's workforce within six months. The Court held that a contractor can be a successor employer obligated to bargain with the predecessor's union despite these circumstances, establishing that the absence of continuity between contractors does not automatically shield a successor from successor-in-interest obligations under the National Labor Relations Act.
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C. A. 2d Cir. Certiorari granted in No. 71-123. Certiorari granted in No. 71-198 limited to Question 2 presented by the petition which reads as follows:
“2. In such a proceeding, may a sub-contractor who is awarded a contract to provide services at a facility be held to be a successor of the previous sub-contractor and required to bargain with the union representing the previous sub-contractor’s employees, where: (a) there is a total absence of dealings between the two sub-contractors; (b) the previous sub-contractor’s performance at the facility constitutes a small portion of its total business, the balance of which was not affected by the change of sub-contractors; (c) the performance of the contract is integrated into the new sub-contractor’s previously existing business; (d) there is a change in supervision at the facility by the new sub-contractor; and (e) within six months after the awarding of the contract the previous sub-contractor’s employees constitute less than a majority of employees employed at the facility?”
Cases consolidated and a total of one hour allotted for oral argument. Reported below: 441 F. 2d 911.
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Citator
Cited By (13 total)
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Nat'l Labor Relations Bd. v. Burns Int'l Sec. Servs., Inc., 406 U.S. 272 (U.S. 1972)…e bargaining order and the Board maintaining its position that Burns was bound by the Wackenhut contract, and we granted both petitions, though we declined to review the propriety of the bargaining unit, a question which was presented in No. 71-198. 404 U. S. 822 (1971). II We address first Burns’ alleged duty to bargain with the union, and in doing so it is well to return to the specific provisions of the Act, which courts and the Board alike are bound to observe. Section 8 (a)(5), as amended by the Labo…
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United States v. Test, 550 F.2d 577 (10th Cir. 1976)…exclude such persons, but it did so pursuant to the statute then in force [28 U.S.C. § 1865(b)(1) (1970)], and the constitutionality of this statute was uniformly upheld. [See, e. g., United States v. McVean, 436 F. 2d 1120 (5th Cir.), cert. denied, 404 U.S. 822 [, 92 S.Ct. 45, 30 L.Ed.2d 50,] reh. denied, 404 U.S. 952 [, 92 S.Ct. 277, 30 L.Ed.2d 269] (1971); United States v. Arnett, 342 F.Supp. 1255 (D.Mass.1970); United States v. Gargan, 314 F.Supp. 414 (W.D.Wis.1970), aff’d sub nom., United States v. Gas…
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United States v. Esle, 743 F.2d 1465 (11th Cir. 1984)…72 L.Ed.2d 852 (1982). “[I]t has never been thought that federal juries must be drawn from a cross-section of the total population without the imposition of any qualifications.” United States v. McVean, 436 F. 2d 1120, 1122 (5th Cir.), cert. denied, 404 U.S. 822, 92 S.Ct. 45, 30 L.Ed.2d 50 (1971). In fact, the Jury Selection and Service Act of 1968, 28 U.S.C. § 1861 (1982), states that it is “the policy of the United States that all citizens shall have the opportunity to be considered for service on grand…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
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- The William J. Burns Int'l Detective Agency, Inc. v. Nat'l Labor Relations Bd., 441 F.2d 911 (2d Cir. 1971)