Question

How should the law deal with threats by private-sector employers to abandon all or parts of their domestic operations for overseas locations if their unions fail to make appropriate economic concessions?

Answer 1

This threat is a violation of Sections 8(a)(5) and 8(b)(1)(A) of the National Labors Relations Act.

• Section 8(a)(5) requires employers to negotiate or bargain in good faith, and that the purpose of their negotiation must be to reach an agreement that benefits both parties.
• Section 8(b)(1)(A) prohibits employers from threatening to fire employees if the union or employees do not concede to their requests.

The National Labors Relations Board is the entity in charge of enforcing the NLRA. It can impose penalties and fines on both employers or unions that violate the law.