Opinion

Paul Hammontree v. National Labor Relations Board, Consolidated Freightways Corporation of Delaware, Intervenor

  • 925 F.2d 1486
  • 288 U.S. App. D.C. 266
  • 136 L.R.R.M. (BNA) 2478
  • 1991 U.S. App. LEXIS 1946
  • 1991 WL 16194
Court
Court of Appeals for the D.C. Circuit
Filed
Feb 12, 1991
Status
Published
Author
Silberman
On the bench
Mikva, Mikya, Wald, Edwards, Ginsburg, Silberman, Buckley, Williams, Sentelle, Thomas, Henderson, Randolph
Cited by
40 cases

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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