The NLRB and Managerial Discretion

Closings, relocations, subcontracting, layoffs and other managerial decisions have profoundly affected companies, unions, employees and the general public for three-quarters of a century, since the 1935 enactment of the National Labor Relations Act. These business changes have been at the forefront of many labor disputes and, among other things, substantially affect what does and does not bear the label, Made in America. This book comprehensively examines how these types of fundamental management decisions have been dealt with by the National Labor Relations Board (NLRB) and the courts. It provides guidance to employers, unions and employees concerning bargaining obligations, possible antiunion discrimination issues, and other legal considerations including how business restructuring can be affected by labor contract provisions and arbitration. This second edition updates and builds upon an original edition which, according to the NLRB, contained a comprehensive review of prior decisions in this area, including cogent criticism of inconsistency and ambiguities. (Milwaukee Spring Div. of Illinois Coil Spring Co., 268 N.L.R.B. 601, 603 n.12a (1984), affd sub nom. Intl Union, UAW v. NLRB, 765 F.2d 175 (D.C. Cir. 1985)).