stating that even though arbitration award does not preclude subsequent statutory claim, a claim arising under both the National Labor Relations Act and a collective bargaining agreement are not independent; therefore, exhaustion of arbitration remedies is required prior to asserting statutory claim
How later courts described this case
- stating that even though arbitration award does not preclude subsequent statutory claim, a claim arising under both the National Labor Relations Act and a collective bargaining agreement are not independent; therefore, exhaustion of arbitration remedies is required prior to asserting statutory claim
- stating that even without a “clear and unmistakable” waiver, the Board could still require deferment where parties agree to arbitrate a statutory claim
- construing Section 10(a)’s “affirmative grant of authority to the Board” as providing that “no one other than the Board shall diminish the Board’s authority over [unfair-labor- practice] claims”
- discussing Board’s "deferment” policy of requiring parties, under certain circumstances, to exhaust their grievance and arbitration remedies prior to pursuing unfair labor practice charges before the Board
Written by the judges who cited it.
The opinion
SILBERMAN, Circuit Judge,
concurring:
Although I find Judge Edwards’ logic unassailable, I join the majority opinion because the Board did not articulate (either in its opinion or its brief) Judge Edwards’ position.