Document Type
Article
Publication Date
1981
ISSN
1067-7666
Publisher
University of California Berkeley School of Law
Language
en-US
Abstract
The author applies the non-waiverprinciple developed in Part I of this article to Board deferral to arbitration. Former Chairman Murphy's concurring opinion in General American Transportation Corp. is evaluated in light of the non- waiver princple. The author analyzes the issues not properly resolved in that opinion, while demonstrating its basic insight.
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 C. Harper,
Union Waiver of Employee Rights under the NLRA: Part II - 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
