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Argued March 5, 2002

On Petition for Review and Cross-Application for Enforcement of an Order of the National Labor Relations Board

In 1971, the National Labor Relations Board (“NLRB” or “Board”) rendered its seminal decision in Collyer Insulated Wire, 192 N.L.R.B. 837 (1971). Collyer holds that when the parties to certain types of disputes have provided for arbitration in their collective bargaining agreement (“CBA”) the Board will not pursue unfair labor practice proceedings until arbitration has run its course. Deferment under Collyer is appropriate only when the CBA-provided arbitration offers an expeditious and fair means for resolution of the parties’ dispute. See id. at 842. Under a closely related policy, the Board also defers to the results of arbitration, so long as the arbitral decision meets certain general criteria. See Hammontree v. NLRB, 925 F.2d 1486, 1491 (D.C. Cir. 1991) (en banc) (discussing Board’s deference policies).

 
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