Originally from Dispute Resolution Journal

UNFAIR LABOR PRACTICE — ARBITRATION AGREEMENT SEGMENT PRECLUDING OPERATION OF FEDERAL LAW IS UNENFORCEABLE — NATIONAL LABOR RELATIONS ACT §110 (k) AS AMENDED 29 U.S.C.A. §160 (k)

Where plaintiff, local union, sought to bind defendant employer by decision resulting from arbitration procedure set up by National Union to resolve disputes between locals, but employer instead awarded work contract to another local and then employer successfully prosecuted NLRB §10 (k) proceeding against losing local to prohibit it from engaging in coercive action to force a change in work assignment, the court held that local's suit for damages suffered because of defendant's alleged breach of agreement to arbitrate must be dismissed. The NLRB had made a decision that the employer was not bound by the arbitration decision and that the portion of the arbitration agreement which sought to preclude the filing of an unfair labor practice charge was contrary to federal law and therefore unenforceable.

International Association of Bridge, Structural and Ornamental Ironworkers, Local No. 395, AFLCIO V. Lake County, Indiana Council of the United Brotherhood of Carpenters, et al., 347 F. Supp. 1377 (N.D. Ind. 1972).