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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 …

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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 …

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