A discussion of the N.L.R.B.’s policy with respect to cases allegedly involving both an arbitrable grievance under a collective bargaining agreement and an unfair labor practice under the National Labor…

A report of appellate litigation involving the arbitral process. The largest volumes of cases were (1) Section 301 cases files by individual employees claiming breach of contract by the employer…

The author posits that the typical election campaign involves the employer’s conduct of an adversarial campaign, during which it has unlimited access to the electorate throughout the workday while the…

An examination of the history and current status of NLRB deferral (of unfair labor practice charges) to arbitration of disputes arising under a collective bargaining relationship.

NLRB Chairman Gould describes the efforts of the NLRB to develop new mechanisms for 1) processing appropriate bargaining unit disputes, 2) mediating ULPs, 3) resolving wrongful dismissal claims, and 4)…

An analysis of the influence of the interaction of courts and the NLRB in enforcing or deferring to arbitrators’ decision making and opinion writing. Awareness of judicial standards and express…

A critical appraisal of the handling of representational issues under the NLRA and its negative impact on private sector union membership. The alternative of increased employment regulation is rejected and…

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…

The Committee presents 16 cases from the courts and the Labor Board that it considers significant for the developmentof the law of labor arbitration.

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…