First National Maintenance Corp. v. National Labor Relations Board
United States Supreme Court
452 U.S. 666 (1981)
- Written by Rose VanHofwegen, JD
Facts
First National Maintenance Corp. (FNM) (defendant) provided contract maintenance services for multiple commercial clients, including the Greenpark nursing home. When Greenpark reduced the fees it paid, FNM began losing money on the contract and gave Greenpark 30 days’ notice of cancellation. Meanwhile, a union won an election to represent the Greenpark employees and tried to delay the cancellation to allow bargaining. FNM advised the decision was purely financial and prohibitively expensive to delay, then closed the operation as scheduled, discharging about 35 employees. The union charged FNM with unfair labor practices for failing to bargain about the closure and its effects. The National Labor Relations Board (NLRB) and the appellate court applied a rebuttable presumption favoring mandatory bargaining of partial closures and concluded FNM violated the National Labor Relations Act (NLRA). The Supreme Court granted review.
Rule of Law
Issue
Holding and Reasoning (Blackmun, J.)
Dissent (Brennan, J.)
What to do next…
Here's why 806,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.