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National Labor Relations Board Deferral to Arbitration - Dispute Resolution Journal - Vol. 52, No. 3

Author(s): 
James L. Ferree
Page Count: 
5 pages
Published: 
August, 1997
Practice Areas: 
Labor
Tags: 
National Labor Relations Board,
Collective Bargaining
Author Detail: 

The author was on the staff of the NLRB for 27 years, including 15 years as assistant to the regional director in the Cincinnati regional office, before becoming an arbitrator in 1991. He acknowledges the advice and assistance of arbitrators Frank Keenan and Ed Goggin as well as the research assistance of NLRB Region 9 deputy regional attorney Earl Ledford, in the preparation of this article. This paper was originally delivered at the “Dispute Resolution Day” grievance arbitration seminar sponsored by the AAA’s Cincinnati regional office in December 1995.

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Description: 

Originally from Dispute Resolution Journal

According to author James Ferree, this article offers a “basic and pragmatic view of the NLRB policy regarding deferral of ULP cases to arbitration.” It complements another article, “ADR, the NLRB and Non-Union Workers,” by Jerry M. Hunter, which appeared in the October- December 1995 issue of this magazine. Read together, they provide an informative overview of the strengthening support being accorded the arbitration of employment grievances.

If your collective bargaining agreement includes clauses which duplicate existing labor laws, you should consider the potential effects of the overlapping methods of enforcement. Your reliance on your contract rights may limit your access to statutory remedies. This article will focus on one example of the accommodation between public policy and private labor contracts: the National Labor Relations Board’s practice of deferring its action in unfair labor practice cases to the grievance-arbitration procedure established by a collective bargaining agreement.