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RPreisler | Jeffrey A. Belkin, LLC

New NLRB Standards

    NEW NLRB STANDARDS FOR DEFERRAL TO ARBITRATION                 On December 15, 2014, the NLRB issued a decision in Babcock & Wilcox Construction Company., 28-CA-022625, which could have a serious impact on certain types of arbitration cases.             It has been recognized for decades that grievance arbitrations, particularly those involving alleged “just cause” for discipline, might also present issues of unfair labor practices arising under the LMRA. In those instances the question has been whether the NLRB will “defer” to the arbitration award. Without attempting an extensive legal analysis (such as those readily available on line), I believe the following observations are in order.             The thrust of Babcock and Wilcox is that...