News & Analysis as of

Arbitration The National Labor Relations Act Labor Reform

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Faegre Drinker Biddle & Reath LLP

Bipartisan Push for Speedier Labor Agreements: Senators Unveil the Faster Labor Contracts Act

On March 4, 2025, U.S. Senator Josh Hawley (R-MO), along with a bipartisan coalition of senators, introduced new legislation — the Faster Labor Contracts Act — to dramatically speed up the timeline for first contracts for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Practical NLRB Advisor: Summer 2021

On the eve of his election, President Joe Biden promised to “be the most pro-union president you’ve ever seen.” True to his word, his administration has thus far granted organized labor’s every ask. Only 23 minutes into his...more

Akerman LLP - HR Defense

New Year Cheer from the NLRB

The National Labor Relations Board (NLRB) delivered two New Year’s gifts to employers regarding deferral to arbitration and restrictions on union buttons....more

Sheppard Mullin Richter & Hampton LLP

NLRB Reinstates Broad Deferral of Discrimination Cases to Arbitration, Overruling the Obama Board’s 2014 Decision in Babcock &...

The Trump National Labor Relations Board (Board or NLRB) gifted employers a significant win on the eve of the Christmas holiday with its December 23 decision in United Parcel Service, Inc., 369 NLRB No. 1 (UPS), which...more

Proskauer - Labor Relations Update

NLRB Gives End of Year Gift for Employers, Restores Longstanding Standard for Deferring to Arbitral Decisions

In yet another end-of-2019 decision overruling significant NLRA precedent, the Board reverted to the less stringent Spielberg / Olin standard for determining whether to defer to arbitration decisions in the context of Section...more

Ballard Spahr LLP

NLRB Revives Prior Standard on Arbitral Deference

Ballard Spahr LLP on

On December 23, 2019, the National Labor Relations Board (NLRB, or the Board) overturned an Obama-era decision regarding deference to labor arbitration proceedings....more

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