By: Ronald J. Kramer, Esq.
Seyfarth Synopsis: In Weavexx, LLC the Board deferred to an arbitrator’s finding that the employer had the right to change its payday and pay cycle without first bargaining. The bigger question is how much longer will such charges be deferred pending arbitration, and the extent to which the Board…
By: Kenneth R. Dolin, Esq.
The National Labor Relations Board recently invited interested parties to file briefs in Babcock & Wilcox Construction Inc., Case 28-CA-022625, to determine whether the Board should continue, modify, or abandon the Olin/Spielberg standard for deferral to arbitration awards.
Under the existing standard, the Board defers to an…
By: Michele Haydel Gehrke, Esq.
On August 29, 2013, well-respected NLRB Administrative Law Judge William Kocol issued a decision (here) blasting the NLRB and its General Counsel for lacking “intellectual integrity” in how they refused to properly defer and later dismiss a case under Collyer Insulated Wire, 192 NLRB 837 (1971). See…
In Sheet Metal Workers International Association Local 18, 359 NLRB No. 121, the NLRB held that an employer’s unfair labor practice charge against a union should have been deferred to the grievance-arbitration procedure of the parties’ collective bargaining agreement. The result will come as somewhat of a surprise to those who…
By Christian J. Rowley
On January 3, 2012 decision in D.R. Horton, 357 NLRB 184, the NLRB held that employer-employee agreements mandating the arbitration of non-National Labor Relations Act (NLRA) claims, but prohibiting class actions, violate the NLRA (see our One Minute Memo: http://www.seyfarth.com/publications/omm010712).
While nothing is certain, it is highly likely that this…
