ERIC Number: ED246196
Record Type: RIE
Publication Date: 1984
Reference Count: 0
The Plant Closure Policy Dilemma. Labor, Law and Bargaining.
Wendling, Wayne R.
In 1982 plant closings in the United States affected approximately 1 percent of the country's manufacturing facilities and 1 percent of its manufacturing labor force. Included among the reasons cited for plant closings were low productivity, high wages, and inflexible work rules. Given the nature of the reasons for plant closings and the magnitude of the problem, collective bargaining may be the most appropriate institution to solve the problem. Collective bargaining can address the specific issues in a plant and may lead to a solution to meet the needs of both management and labor. An examination of the case law that has evolved in the formulation of judicial interpretations of the duty to bargain and the actual contract provisions negotiated in major collective bargaining agreements helps to place into perspective the role that collective bargaining can play in averting plant closings. Assuming that plant closure is a mandatory topic of bargaining, it is recommended that bargaining occur in, and only in, those instances in which there is a real probability that bargaining could lead to a solution. In no instance, however, should more than 90 days be permitted to elapse between the notice of closure and the resolution of the problem, be it a new agreement permitting continued operations or closure of the plant. (Appended to this report is a discussion of the special impact of plant closings on older adults.) (MN)
Descriptors: Arbitration, Business Responsibility, Case Studies, Collective Bargaining, Court Litigation, Dislocated Workers, Employer Employee Relationship, Employment Practices, Employment Problems, Industrial Structure, Industry, Labor Legislation, Labor Market, Labor Problems, Labor Relations, Negotiation Agreements, Negotiation Impasses, Older Adults, Productivity, Salary Wage Differentials, Unions
W. E. Upjohn Institute for Employment Research, 300 South Westnedge Avenue, Kalamazoo, MI 49007 ($11.95 paperback; $16.95 hardcover, ISBN 0-88099-019-8; quantity discounts available).
Publication Type: Opinion Papers; Books; Reports - Evaluative
Education Level: N/A
Authoring Institution: Upjohn (W.E.) Inst. for Employment Research, Kalamazoo, MI.
Identifiers: Case Law; Plant Shutdown