Nature of the Deferral Problem Involving Section 8(a)(1) and 8(a)(3) Charges

• NCJ Number: 110557
• Journal: Labor Law Journal Volume: 39 Issue: 3 Dated: (March 1988) Pages: 131-147
• Author(s): R G Bush
• Date Published: 1988
• Length: 17 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: The original version of this paper was published in 'Perspective,' August 1987. An updated version appeared in 'The Labor Lawyer,' Winter 1988, Volume 4, Section 1.

Annotation

This article considers the application of the National Labor Relations Board's (NLRB) decision in 'Olin Corporation' to labor cases involving individual statutory rights, such as those alleging violations of Section 8(a)(1) and (3) of the National Labor Relations Act.

Abstract

In 'Olin' the NLRB considered the standards for deferring to an arbitrator's decision in a case. The board majority determined that an arbitrator has adequately considered an unfair labor practice if the contractual issue was factually parallel to the unfair labor practice issue and the arbitrator was generally presented with the facts relevant to resolving the unfair labor practice. After considering the majority and dissent opinions in the case, the article attempts to group the fact patterns in post-Olin board decisions to determine what kinds of cases the board will and will not defer to a postarbitration award. It then examines the effectiveness of the parties with the statutory rights of individuals. Recommendations are offered for future research. 97 footnotes.