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Prediction: NLRB will defer re information requests
June 22, 2005 by Ross Runkel at LawMemo

The NLRB has a long-standing doctrine of deferring to decisions by arbitrators. However, the Board does not defer when an employer denies a union's request for information relating to a grievance or arbitration. Postal Service, 302 NLRB 767 (1991).

Once the NLRB resumes its full strength of five Members, this probably will change. In Daimler Chrysler Corp, 344 NLRB No. 94 (05/31/2005), The Board held that the employer violated NLRA Section 8(a)(5) by refusing to provide a union with relevant information in connection with grievances.

The employer asserted that the union's request for information should be deferred to the parties' contractual grievance-arbitration procedures. Chairman Battista and Member Schaumber said they would defer if not bound by precedent. However, in the absence of a three-member Board majority to overrule current Board law, they found that the judge correctly applied the Board's policy of nondeferral in information request cases.

My view:

• Full deferral of information requests is a good idea for grievances that have reached the arbitration stage because the arbitrator has control of the case and can act quickly to grant or deny the request.


• For grievances that have not reached the arbitration stage, full deferral will leave the parties with no place to go for a decision. They will get help from an arbitrator only if the grievance is moved to that stage.

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