NAARB - Serving the U.S. and Canada Since 1947

Home » Archive

A review of key NLRB deferral decisions and related court decisions that have resulted in the expectation that arbitrators will apply the law. An increase in the arbitration of statutorily-based issues is seen as likely, and the author suggests the publication of arbitration awards in which NLRB charges have been deferred. More clearly articulated standards …

Read more

The author maintains that, under Collyer, deferral has been distorted to mean a national policy in favor of arbitrating all disputes involving contract terms, making compulsory a process that was intended to be available to labor and management as a voluntarily method of dispute resolution. Professor Alleyne asserts that the Board’s discretion has been improperly …

Read more

Discussion of the historical status of labor arbitration; evolution of the jurisdiction of arbitrators, the NLRB, and courts to interpret labor agreements; Supreme Court decisions and NLRB policies regarding NLRB interpretation of labor agreements; and the impact on finality of an award considering or ignoring statutes. Lengthy discussion of the junction of representation / work …

Read more