Title
Union Waiver of NLRA Rights-- A Fresh Approach to Board Deferral to Arbitration
Document Type
Article
Publication Date
1981
ISSN
1067-7666
Language
en-US
Abstract
In Part 1 of this essay, I explored the implications of the Supreme Court's holding in NLRP v. Magnavox Co. that exclusive bargaining agents do not have the authority to waive certain rights protected by section 7 of the National Labor Relations Act. Drawing on Magnavox, I attempted to formulate a comprehensive non-waiver principle delineating those section 7 rights which exclusive bargaining agents should not have authority to sacrifice in the course of discharging their collective bargaining responsibilities.
I also noted that perhaps the most significant citation of the Magnavox decision to date appeared in then-Board Chairman Murphy's swing-vote opinion in General American Transportation Corp. (G.A.T.) concerning Board deferral to arbitration. In this essay, I shall develop the insight of Chairman Murphy's opinion that the Magnavox decision may establish statutory limits on the Board's discretion to defer.
Recommended Citation
Michael Harper,
Union Waiver of NLRA Rights-- A Fresh Approach to Board Deferral to Arbitration
,
4
Industrial Relations Law Journal
681
(1981).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/1515