Harvey M. Adelstein,
The Role of Collective Bargaining in Decisions to Change Operations, 17 W. Res. L. Rev. 1221 (1966)
Available at: http://scholarlycommons.law.case.edu/caselrev/vol17/iss5/4
PAGE 1252: add the following at the end of the article. "On October 30, 1966 (subsequent to the publication of this article) the Board decited Ozark Trailers, Inc., 161 NLRB No. 48, BNA 1966 DAILY LAB. REP. No. 212, at D-1 (1966). The Board in a carefully worded opinion held that, not only is it an unfair labor practice to refuse to bargain over the effects of a permanent shutdown of part of a business, but also to refuse to bargain over the decision itself. The Board found that the Respondent permanently closed one plant of a multi-plant operation for economic reasons; the Board, therefore, found it to be closing only part of its business and thereby avoided the total shutdown implications of the Darlington case. The Board specifically rejected the reasoning of the Eighth Circuit and the Third Circuit in the Adams Dairy and Royal Plating & Polishing cases, respectively, and stated inter alia that if decisions to contract out are subjects for collective bargaining, then it is '. . . a fortiori true with respect to decisions regarding the relocation or termination of a portion of the business.' It is submitted that this decision was to be anticipated and that it is likely that the same rationale will apply to a total cessation of business."