NLRB General Counsel Releases Playbook for NLRB Regions Addressing Deferral Issues Following Babcock & Wilcox Construction | Practical Law
The General Counsel for the National Labor Relations Board (NLRB) issued an operations memorandum addressing when it is proper for the NLRB to defer to an arbitrator’s decision, a pending arbitration or a grievance settlement. The memorandum comes in the wake of the NLRB’s decision in Babcock & Wilcox Construction Co., Inc., which changed long-standing precedent concerning the standards for when the NLRB should defer prosecution of unfair labor practice (ULP) charges where the labor arbitration or grievance settlements arguably could resolve interrelated claims under the National Labor Relations Act (NLRA).