In the case of First National Maintenance Corp. v. National Labor Relations Board, 1980, the U.S Supreme Court ruled that an employer is not required to negotiate with a union over a decision to shut down part of its business purely for economic reasons. The court held that such decisions are part of managerial control and do not fall within collective bargaining obligations under Section 8(a)(5) of the National Labor Relations Act (NLRA). However, it was also clarified that employers must bargain about "effects" or consequences resulting from these decisions if they affect employees' terms and conditions of employment. This ruling provided clarity on what constitutes mandatory subjects for collective bargaining under NLRA.

The dissenting opinion in the case of First National Maintenance Corp. v. National Labor Relations Board disagreed with the majority's ruling that a company must negotiate with its employees' union before making major changes to business operations, such as closing part of its business. The dissent argued that this requirement was an overreach by the NLRB and could potentially harm businesses by limiting their ability to make necessary operational decisions quickly and efficiently. They contended that while unions should have a say in matters directly affecting workers' wages, hours, and working conditions, they should not be involved in larger managerial decisions like whether or not to shut down a portion of the business for economic reasons. This decision-making power should remain solely within management’s purview because it is essential for maintaining competitive market dynamics.