Babcock & Wilcox Construction v. Beneli

Case Updates

The NLRB found that the General Counsel failed to demonstrate the decision was clearly repugnant to the Act. Thus, the recommended Order of the administrative law judge is adopted and the complaint is dismissed.

Additionally, the NLRB rejected the current Spielberg/Olin standard of deferral for future cases.

In its brief, the Chamber advised the National Labor Review Board (NLRB) to decline the General Counsel’s request to modify the Board’s standard for post-arbitral deferral to arbitration awards. The Chamber argued that a modification of the Spielberg/Olin standard which restricts the currently broad deferral standard would not only undermine the Act’s purpose to encourage collective bargaining, but would also directly disregard strong public policy which favors grievance arbitration.

The Chamber pointed out that the General Counsel’s proposed standard would abandon deferral, and ignore decades of precedent, refusing to acknowledge the importance of arbitration to the federal labor policy. The current Spielberg/Olin standard of deferral should be maintained as it advances the federal policy which favors arbitration, fosters collective bargaining, and fulfills the Board’s statutory responsibilities.

Marshall B. Babson, Arthur G. Telegen, Kenneth R. Dolin, and Anne D. Harris of Seyfarth Shaw LLP represented the U.S. Chamber as co-counsel to the National Chamber Litigation Center.