NLRB Sets New Arbitration and Grievance Settlement Deferral Standards | Practical Law
In Babcock & Wilcox Construction Co., the National Labor Relations Board (NLRB) announced a new standard for deferring investigations and prosecutions of unfair labor practice (ULP) charges to arbitration awards in factually parallel matters. The NLRB also changed its standards for deferring ULP cases to pending labor arbitrations and pre-arbitration labor grievance settlements. Each of the new standards increases the burdens on parties urging deferral. The new deferral standards will apply prospectively.