Note:
John B. McArthur, Enforcing the NLRA: The Need for a Duty to Bargain Over Partial Plant Closings, 60 Texas L. Rev. 279 (1982).
 

Abstract:
This Note discusses the Supreme Court’s opinion in First National Maintenance Corp. v. NLRB and its implications for labor-management relations. It outlines the role of the duty to bargain and reviews the conflicting judicial interpretations of the scope of bargaining that the Court faced when deciding First National Maintenance. Further, it discusses the Court’s departure from an ongoing expansion of bargaining in other areas. The Note argues that the Court’s approach distorts statutory interpretation by putting the Court’s economic judgment before that of Congress. The Note posits that bargaining is not likely to distort economic efficiency. In conclusion, it states that the Court has ignored the proper role of bargaining in labor relations and thus violated the NLRA’s delicate balance between labor and management interests.