National Labor Relations Board v. Burns International Security Services, Inc.

Supreme Court

National Labor Relations Board v. Burns International Security Services, Inc.

404 U.S. 822

CourtSupreme Court of the United States

DecidedOctober 12, 1971

DocketNo. 71-123; No. 71-198

StatusPublished

This text of 404 U.S. 822 (National Labor Relations Board v. Burns International Security Services, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

National Labor Relations Board v. Burns International Security Services, Inc., 404 U.S. 822 (1971).

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Opinion

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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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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Bluebook (online)

404 U.S. 822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-labor-relations-board-v-burns-international-security-services-scotus-1971.