Does the National Labor Relations Act Extend to Americans Who Are Temporarily Abroad?
Although the National Labor Relations Board has long held that the protections of the National Labor Relations Act do not apply to employees permanently stationed abroad, employees who are abroad temporarily present a different question. As of this writing, two circuit courts have asked whether jurisdiction exists over workers on temporary foreign assignment. The Eleventh Circuit concluded that jurisdiction is appropriate; the Third Circuit reached the opposite conclusion. This Note argues that neither court analyzed the extraterritorial issues correctly. The proposed approach offered by this Note is as follows: When a court seeks to assert jurisdiction over unfair labor practices occurring while employees are on temporary foreign assignments, the court should first apply an effects test, asking whether the conduct at issue caused intentional and harmful effects in the United States. Second, the court should ask whether an assertion of jurisdiction in the particular case at bar would o
