https://content.next.westlaw.com/practical-law/document/I31c7e15e969a11e498db8b09b4f043e0/NLRB-Sets-New-Arbitration-and-Grievance-Settlement-Deferral-Standards?viewType=FullText&transitionType=Default&contextData=(sc.Default) In Babcock & Wilcox Construction Co., the National Labor Relations Board (NLRB) announced a new standard for deferring investigations and prosecutions of unfair labor practice (ULP) charges to arbitration awards in factually parallel matters. The NLRB also changed its standards for deferring ULP cases to pending labor arbitrations and pre-arbitration labor grievance settlements. Each of the new standards increases the burdens on parties urging deferral. The new deferral standards will apply prospectively.
Enter to open, tab to navigate, enter to select| Law stated as of 17 Oct 2017 • USA (National/Federal) |
In Babcock & Wilcox Construction Co., the National Labor Relations Board (NLRB) announced a new standard for deferring investigations and prosecutions of unfair labor practice (ULP) charges to arbitration awards in factually parallel matters. The NLRB also changed its standards for deferring ULP cases to pending labor arbitrations and pre-arbitration labor grievance settlements. Each of the new standards increases the burdens on parties urging deferral. The new deferral standards will apply prospectively.
On December 15, 2014, in Babcock & Wilcox Construction Co., a three-member majority of the five-member panel (Board) heading the NLRB's judicial functions changed its long-standing standard for deferring investigations and prosecutions of unfair labor practice (ULP) charges to labor arbitration awards from factually parallel matters. The Board also changed its similarly well-established standards for deferring ULP investigations and prosecutions to pending arbitrations and to pre-arbitration grievance settlements in factually parallel matters. Each of the new standards increases the burdens on the party urging NLRB deferral. The new deferral standards will apply prospectively. (361 N.L.R.B. slip op. 132 (Dec. 15, 2014).)
On April 9, 2012, an NLRB administrative law judge issued a decision, deferring to the determination of a labor arbitrator upholding the employer's discharge of the employee-charging party. The NLRB's General Counsel appealed that decision by filing exceptions with the Board and asked the Board to adopt a new post-arbitration deferral standard in 8(a)(1) and (3) cases.
On February 7, 2014, the Board invited briefs and amicus briefs on the following questions:Whether the Board should continue, modify or abandon the Olin/Spielberg standard for deferring to arbitration awards when investigating or prosecuting ULP charges (see Olin Corp., 268 N.L.R.B. 573 (1984) and Spielberg Mfg. Co., 112 N.L.R.B. 1080 (1955)).