Collyer Insulated Wire

1
Collyer Insulated Wire

• Board does not abandon its statutory authority by
  deferring to grievance procedure and arbitration
  where
• dispute arises from contract
• there is machinery in contract to resolve
  dispute
• Furthers statutory policy of encouraging parties
  to resolve own disputes
• Sec. 203(d) of LMRA

2
Collyer (cont.)

• Collyer criteria for pre-arbitral deferral (under
  what circumstances will the Board defer a case to
  arbitration?)
• non-repudiation of CBK
• willingness to arbitrate/dispute must arbitrable
• dispute must center on CBK
• Spielberg (1955)/Olin (1984) criteria for
  post-arbitral deference to award (what will the
  Board consider in deciding to defer to the
  arbitrators decision after it is issued?)
• UFLP and contractual issues basically the same
• UFLP issue presented to and considered by
  arbitrator
• procedures fair and regular
• all parties agreed to be bound
• result not clearly repugnant to Act
  (Spielberg)/not palpably wrong (Olin)

3
Collyer (cont.)

• Scope of Deferral
• 8(a)(5)/8(b)(3) cases
• Collyer
• involves interpretation of parties rights
• 8(a)(3)/8(b)(1) cases
• deferral - National Radio (1972)
• no deferral - General American Transportation
  (1977)
• deferral - United Technologies (1984)
• Involves interpretation of individual rights