Collyer Insulated Wire

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Presentation transcript:

Collyer Insulated Wire Board does not abandon its statutory authority by deferring to grievance procedure and arbitration where dispute arises from contract there is machinery in contract to resolve dispute Furthers statutory policy of encouraging parties to resolve own disputes Sec. 203(d) of LMRA

Collyer (cont.) Collyer criteria for pre-arbitral deferral (under what circumstances will the Board defer a case to arbitration?) non-repudiation of CBK willingness to arbitrate/dispute must arbitrable dispute must center on CBK Spielberg (1955)/Olin (1984) criteria for post-arbitral deference to award (what will the Board consider in deciding to defer to the arbitrator’s decision after it is issued?) UFLP and contractual issues basically the same UFLP issue presented to and considered by arbitrator procedures fair and regular all parties agreed to be bound result not “clearly repugnant” to Act (Spielberg)/not “palpably wrong” (Olin)

Collyer (cont.) Scope of Deferral 8(a)(5)/8(b)(3) cases involves interpretation of parties’ rights 8(a)(3)/8(b)(1) cases deferral - National Radio (1972) no deferral - General American Transportation (1977) deferral - United Technologies (1984) Involves interpretation of individual rights