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Economically Motivated Relocations Of Work And An Employer's Duties Under Section 8(D) Of The National Labor Relations Act: A Three-Step Analysis , Edward P. O'Keefe, Seamus M. Tuohey

Fordham Urban Law Journal

As industrial technology has progressed, large businesses have restructured in order to attract capital, resources, and customers. As a result, many employers have dislocated or outright terminated large numbers of their workforces. This Article addresses the legal and practical issues which arise under the National Labor Relations Act in connection with fundamental alterations of a business enterprise. In a series of administrative decisions and federal court actions, the National Labor Relations Board has sought to limit employer attempts to implement sweeping changes to their operations without prior consultation, and in certain circumstances prior agreement, with bargaining representatives of affected employees. …