(You may, however, before hiring your workforce, set initial terms and conditions of employment without bargaining with the union, unless you are a "perfectly clear" Burns successor. You are a Burns successor if you hire the majority of your employees from the predecessor's workforce, and from their perspective day-to-day life at work remains largely unchanged. Burns International Security Services, 406 U.S. Refuse to recognize and bargain with a union that represents employees of an employer whose business you are acquiring if you are a Burns successor.However, subcontracting that merely substitutes one group of workers for another to do the same work under similar conditions of employment is not a non-bargainable "scope and direction" change.) (Whether a proposed change is a non-bargainable "scope and direction" change or a mandatory subject of bargaining may present a difficult legal question.
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