San Diego Law Review


JoAnne D. Roake

Library of Congress Authority File


Document Type



This Comment examines the issue of whether plant relocation decisions are a mandatory subject of bargaining. The author examines the National Labor Relations Act and the potential impact of characterizing plant relocation decisions as a mandatory subject. The author then examines the Milwaukee Spring cases and their failed attempts to resolve the issue of plant relocation in labor-management relations. The author argues that the NLRB and the courts should refocus their analysis on whether plant relocation is a mandatory or permissive subject of bargaining and deemphasize boilerplate waivers. The author concludes that the balancing test set forth by the United States Supreme Court in First National Maintenance Corp. v. NLRB should be applied to determine mandatoriness, and argues that this approach would achieve relative consistency, encourage bargaining, maintain flexibility and avoid instability due to changes in political and economic conditions.