Document Type
Article
Publication Date
Spring 2010
Publisher
Florida International University College of Law
Language
en-US
Abstract
This article considers the extent to which the National Labor Relations Board should defer in its protection of statutory rights to the private arbitration process under collective bargaining. The article explains and criticizes the theory of implied union waiver advanced by the District of Columbia Circuit Court of Appeals under the leadership of Judge Harry Edwards. It posits a reformulation of Board deferral doctrine for waivable substantive rights. The article also consider the relevance of the Supreme Court’s 2009 decision in 14 Penn Plaza, LLC v. Pyett to Board deferral to arbitration in cases involving § 7 rights that are not subject to waiver by exclusive bargaining agents.
Recommended Citation
Michael C. Harper,
A New Board Policy on Deferral to Arbitration: Acknowledging and Delimiting Union Waiver of Employee Statutory Rights
,
in
5
FIU Law Review
685
(2010).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/528
