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

> Court of Appeals for the D.C. Circuit · February 12, 1991 · 925 F.2d 1486

URL: https://www.frixlaw.com/law-library/cases/9481336

## Case

- **Full name:** Paul HAMMONTREE, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Consolidated Freightways Corporation of Delaware, Intervenor
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** February 12, 1991
- **Citations:** 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
- **Precedential status:** Published
- **Opinion:** Concurrence by Silberman
- **Judges:** Mikva, Mikya, Wald, Edwards, Ginsburg, Silberman, Buckley, Williams, Sentelle, Thomas, Henderson, Randolph
- **Cited by:** 40 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9481336

## How later opinions describe it (automated extraction)

- 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 as…
- stating that even without a “clear and unmistakable” waiver, the Board could still require deferment where parties agree to arbitrate a statutory claim
- 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
- explaining the difference in enforcement schemes of Title VII and the NLRA

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9481336. Public record. Not legal advice.