9th Circ. Says NLRB Decides Representation Disputes

Law360, New York (August 3, 2010, 3:42 PM EDT) -- The National Labor Relations Board has jurisdiction over deciding whether a union is qualified to bargain even if the union has a broad arbitration agreement with the employer, a federal appeals court has ruled, upholding a lower court ruling.

Whether a union has properly certified a majority of a work force — a necessary condition to force an employer to bargain with it under Section 9(a) of the National Labor Relations Act — is under the NLRB's purview, the U.S. Court of Appeals for the Ninth...
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