3rd Circ. OKs NLRB's Restored Arbitration Deferral Rule

By Braden Campbell (July 9, 2021, 4:43 PM EDT) -- The Third Circuit approved the National Labor Relations Board's decision to more readily defer to arbitrators when workers' grievances overlap with unfair labor practice allegations, but said it botched applying the revised test to a UPS worker who challenged his firing.

The unanimous panel on Thursday partially vacated the NLRB's December 2019 decision declining to second-guess a grievance panel's decision upholding worker Robert Atkinson's 2014 firing and reversing an Obama-era ruling giving less deference to arbitrators.

The Third Circuit panel said the more deferential standard the board adopted in UPS aligns with the National Labor Relations Act's goals but that the...

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