Arbitration Decisions Matter: The NLRB Reverts to Prior Standards on Deferral to Arbitration...

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  1. cheryl

    cheryl I started this. Staff Member

    Arbitration Decisions Matter: The NLRB Reverts to Prior Standards on Deferral to Arbitration and Pre-Arbitration Settlements - National Law Review

    Arbitration is a strongly favored federal policy and generally can be relied on to resolve even statutory discrimination claims. This is not a novel concept in federal jurisprudence from the Supreme Court of the United States down (although California and the Obama-era National Labor Relations Board (NLRB) have and had a different view). On December 23, 2019, in United Parcel Service, No. 06-CA-143062, the NLRB reversed yet another of its many controversial Obama Board decisions—Babcock & Wilcox Construction Company, 361 NLRB 132 (2014)—that had itself overruled many decades of precedent (including Spielberg Mfg. Co., Olin Corp., and Collyer Insulated Wire). The NLRB has reverted to the time-honored tests that respect the role of arbitration in the collective bargaining process and recognizes arbitration as “the culmination of the statutory scheme that Congress empowered the Board to uphold.”