1. 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

2. 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

3. 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

4. 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”