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Arbitration Decisions Matter: The NLRB Reverts to Prior Standards on Deferral to Arbitration...
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<blockquote data-quote="cheryl" data-source="post: 4329987" data-attributes="member: 1"><p><a href="https://www.natlawreview.com/article/arbitration-decisions-matter-nlrb-reverts-to-prior-standards-deferral-to-arbitration" target="_blank"><strong>Arbitration Decisions Matter: The NLRB Reverts to Prior Standards on Deferral to Arbitration and Pre-Arbitration Settlements - National Law Review</strong></a></p><p></p><p>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 <a href="http://apps.nlrb.gov/link/document.aspx/09031d4582ed448d" target="_blank"><em>United Parcel Service,</em> No. 06-CA-143062</a>, the NLRB reversed yet another of its many controversial Obama Board decisions—<a href="https://ogletree.com/insights/2014-12-23/nlrb-eviscerates-standards-for-deferral-to-arbitration-and-settlement/" target="_blank"><em>Babcock & Wilcox Construction Company</em>, 361 NLRB 132 (2014)</a>—that had itself overruled many decades of precedent (including <em>Spielberg Mfg. Co.</em>, <em>Olin Corp.</em>, and <em>Collyer Insulated Wire</em>). 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.”</p></blockquote><p></p>
[QUOTE="cheryl, post: 4329987, member: 1"] [URL='https://www.natlawreview.com/article/arbitration-decisions-matter-nlrb-reverts-to-prior-standards-deferral-to-arbitration'][B]Arbitration Decisions Matter: The NLRB Reverts to Prior Standards on Deferral to Arbitration and Pre-Arbitration Settlements - National Law Review[/B][/URL] 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 [URL='http://apps.nlrb.gov/link/document.aspx/09031d4582ed448d'][I]United Parcel Service,[/I] No. 06-CA-143062[/URL], the NLRB reversed yet another of its many controversial Obama Board decisions—[URL='https://ogletree.com/insights/2014-12-23/nlrb-eviscerates-standards-for-deferral-to-arbitration-and-settlement/'][I]Babcock & Wilcox Construction Company[/I], 361 NLRB 132 (2014)[/URL]—that had itself overruled many decades of precedent (including [I]Spielberg Mfg. Co.[/I], [I]Olin Corp.[/I], and [I]Collyer Insulated Wire[/I]). 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.” [/QUOTE]
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