•  
  •  
 

Publication Date

1969

Abstract

THE relationship between arbitration and public law has received much attention lately from arbitrators, from administrative agencies and the courts. Where an arbitration involves matters covered by an unfair labor practice complaint, the National Labor Relations Board accords deference to the arbitrator's award if the proceedings have been fair and regular, all parties had agreed to be bound, and the award is not "repugnant" to the purpose and policies of the National Labor Relations Act (NLRA). Where a grievance arbitration is imminent or pending, the Board or the regional offices will ordinarily delay action on the unfair labor practice complaint when it appears reasonably probable that the arbitration of the contract issue will determine the unfair labor practice issue in a manner consonant with NLRA policies. The Supreme Court, however, has held that should the Board decide to proceed it has jurisdiction, even though the unfair labor practice complaint involves some contractual interpretations with which arbitrators deal on a more frequent basis than the Board.

Share

COinS