About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

92 Tul. L. Rev. 883 (2017-2018)

handle is hein.journals/tulr92 and id is 931 raw text is: The NLRB's Deference and Abstention Policies: Accommodation or Abdication? Joel Wm. Friedman* I. INTRODUCTION...................................... 883 II. POST-ARBITRATION DEFERENCE AND DISMISSAL...................... 887 Ell. PRE-ARBITRATION DEFERRAL/ABSTENTION ..... ..........906 IV. THE BABCOCK DOCTRINE ........................ ......910 V. ADMINISTRATIVE APPLICATION OF PRE- AND POST- ARBITRATION DEFERRAL POLICY ............. ..........915 VI. PROPOSED CHANGES TO THE TERMS AND ADMINISTRATIVE PROCESSING OF THE NLRB's DEFERENCE POLICIES ..........................925 I. INTRODUCTION For more than sixty years, the National Labor Relations Board (NLRB or the Board), the federal agency created by Congress and delegated with the tasks of monitoring and enforcing federal labor policy codified in the National Labor Relations Act (NLRA or the Labor Act), has confronted and struggled with an existential question. Private sector workers who are represented by a union that has entered into a collective bargaining agreement with their employer are endowed with two sets of employment rights. One of these bundles flows from the terms of their collective agreement-the product of private negotiation and agreement between the union and the employer. The second source of employment-related rights is contained in the Labor Act.' Equally importantly, each of these rights- creating instruments is subject to a vastly different enforcement mechanism. Collective agreements almost invariably provide a private method of resolving labor disputes-one that ultimately ends in arbitration as the final and binding form of resolution. Enforcing the rights provided by the NLRA, on the other hand, is, at least initially, the sole province of the NLRB.2 The existence of these two * C 2018 Joel Wm. Friedman. Jack M. Gordon Professor of Procedural Law and Jurisdiction, Tulane University Law School. 1. See National Labor Relations (Wagner) Act, 29 U.S.C. §§ 151-169 (2012). 2. Id. §§ 152-161. 883

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most