• Reports and Studies
• Work Violence in North America
• Labor Markets in North America: Main Changes Since NAFTA
• The Rights of Nonstandard Workers: A North American Guide
• Protection of Migrant Agricultural Workers
• Labor Relations Law in North America
• "Standard" and "Advanced" Practices in the North American Garment Industry
• Income Security Programs for Workers in North America
• The Employment of Women in North America
• North American Labor Markets. A Comparative Profile
• Plant Closings and Labor Rights
• Acknowledgments
• Executive Summary
• Background and Terms of Reference
• Notes on Methodology
• Part One: Legal Frameworks
• Part Two: Union Organizing Systems in the Three NAALC Countries
• Part Four: Economic and Social Context
• Part Five: Summary and Issues for Future Consideration
• Appendix A - Ministerial Consultations
• Appendix B - U.S. Federal Court Decision Data
• Appendix C - U.S. Federal Court Decision Data
• Appendix D - Canadian Labor Board Data
• Appendix E - Labor Market Adjustment Programs
• Appendix F - United States Department of Labor, Bureau of International Labor Affairs Public Forum
• Guide to Labor and Employment Laws
• Seminar Proceedings
• Past Events
• Briefs & Notes
• Other
• Press Releases
• Annual Reports

U.S. Federal Court Decision Data

(89 cases decided by U.S. Courts of Appeals on issues of plant closings and threats of plant closing)

Time Period: 1986 –1993

Table B.1. By Type of Complaint

a Cases in which both a threat and an actual closure (either partial or total) occurred have only been included in the "closure" category. Thus, the category "threats" includes only cases where no closure actually occurred.

^b Percentages of total number of cases may not add up to 100 percent because of rounding. This total includes one case where all employees had been dismissed.

Table B.2. By Disposition of Complaint (where NLRB found that an unfair labor practice occurred)

a Neither 8(a)(5) (failure to bargain) nor illegal lock-out cases were included in the analysis. In cases where both a threat of closing and an actual closing occurred, those issues are in separate categories here, in contrast to their combining in Table B.1. (See note a supra in Table B.1.)

^b This includes cases that, although not explicitly coded as 8(a)(1), implied an 8(a)(1) coding (such as cases that involved threat and other 8(a)(I) violations). However, it does not include cases that stated "other 8(a)(1) and 8(a)(3) violations."

^c Percentages are of each particular type of complaint.

^d As contrasted with cases remanded regarding specific remedies.

Table B.3. By Remedy Awarded (by the NLRB, and affirmed by the Court of Appeals)

a Many of the cases involved other unfair labor practice (ULP) complaints, in addition to those related to plant closures and/or threats. There is no way of ascertaining which remedies were specifically designed to deal with ULPs that are related to plant closing without an in-depth analysis of each case opinion, not possible within the Secretariat’s time frame.

Table B.4. New Organizing v. Existing Unions

Table B.5. Successful and Unsuccessful Complaints, by Status of Bargaining Relationship

a This category includes both cases that were rejected and cases that were remanded with respect to disposition.

Table B.6. Chronological Progression of Complaints

Table B. 7. Particular Unions Involved

Table B.8. Geographic Location of Employers in 89 Cases Studied^a=

a Remaining 25 cases spread among 15 other states