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Redefining the Power of Arbitration in Unfair Labor Practice Cases: NLRB Solicited Briefs on the Issue
Redefining the Power of Arbitration in Unfair Labor Practice Cases: NLRB Solicited Briefs on the Issue

REDEFINING THE POWER OF ARBITRATION IN UNFAIR LABOR PRACTICE CASES: NLRB SOLICITED BRIEFS ON THE ISSUE - In line with recent efforts in the courts to define the scope of power of the arbitral forum, the National Labor Relations Board (NLRB) recently took on the issue of whether to modify the standard it applies to determine whether to defer to an arbitrator’s decision in a matter that presents unfair labor practice issues.  NLRB General Counsel requested that the Board modify the standard to require deferral, so long as it is not repugnant to the Act, if the party seeking deferral shows “(1) the collective-bargaining agreement incorporates the statutory right, or the statutory issue was presented to the arbitrator, and (2) the arbitrator correctly enunciated the applicable statutory principles and applied them in deciding the issue.” The NLRB issued a Notice & Invitation to File Briefs in Case 28-CA-022625, Babcock & Wilcox Construction Inc., seeking amicus and party briefs by March 25, 2014.  NLRB Press Release. Posted by Tony Lathrop, Feb 18, 2014

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Companies are operating in an increasingly globalized and regulated business environment, facing ever-changing and complicated litigation and regulatory challenges. The Moore & Van Allen Litigation Blog provides cutting-edge information regarding developments in federal, North Carolina State, and international litigation, as well as in arbitration, regulatory enforcement, and related business practices. 

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