NLRB Invites Input On Arbitration Award Deferral Standard

Law360, Los Angeles (February 7, 2014, 9:13 PM EST) -- The National Labor Relations Board signaled Friday that it may change its arbitration deferral standards to give greater weight to safeguarding the statutory rights of employees contesting an arbitration award.

The board invited comment on the general counsel's proposed changes to the Olin/Spielberg standard — a move the NLRB makes when it considers overturning a past decision — in a feud between Babcock & Wilcox Construction Co. Inc. and utility worker and union steward Coletta Kim Beneli.

According to the general counsel's proposed new framework, the party urging the NLRB to defer to an arbiter would have to show that the...

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