Dubuque Packing Focus of the Board’s analysis must be on the decision, not on the effect on employees Work Relocation a type III FNM decision decisions focused on profitability that have a direct effect on employment neither clearly mandatory nor permissive Work Relocation closer to Fibreboard than FNM replacing of one group of ees doing work with another a decision to relocate is a decision of where, not whether, to be in business union may have influence or control over a relocation decision

Dubuque Packing (cont.) New standards Burden on GC to make prima facie case that decision a work relocation unaccompanied by a basic change in business Burden shifts to er to show new work at new location, or part basic change(combined production process), or labor costs not a factor, or union could not have offered sufficient concessions

Dubuque Packing (cont.) Application to Dubuque Packing Hog kill change a work relocation Discrete decision, no other changes in er’s business accompanied relocation Did not meet any of criteria for permissiveness labor costs a factor, relocation occurred after er attempted to obtain concessions, long history of er attempts to obtain concessions would not have been made in any event, er said kill operation would remain in Dubuque with concessions differences between Rochelle and Dubuque plant not relied upon

Court Discomfort with Uncertainty Otis Elevator (1984) – 3 opinions Labor Cost Criterion Decision based on factor over which union has control and relative burden to business as compared to benefit to CB Burden determined by size of capital commitment, extent of changes in operation, need for speed and flexibility Amenable to CB Court in Dubuque Packing: “give us one standard”