NLRB Urged To Change Arbitration Deferral Policy

April 25, 2011

Labor and Employment: NLRB Urged To Change Arbitration Deferral Policy

Process likely to become more cumbersome for employers

By JEFF MOGAN

The well-established “Olin standard,” used by the National Labor Relations Board since 1984 to determine whether to defer to an arbitration award as the resolution of an unfair labor practice charge under Section 8(a)(1) and (3) of the National Labor Relations Act, may soon undergo a drastic change. While questions as to the process and its effects remain, the likely result is that employers defending unfair labor practice charges will spend more time and effort prior to and after arbitral deferral, and fewer cases will be resolved by arbitrators and more cases returned to the board’s regional offices for a decision.

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