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17 Dec 2014, 11:46 am
On December 15, 2014, in a split decision along party lines, the National Labor Relations Board (“the Board”) in Babcock & Wilcox Construction Co., Inc., overruled 30 year-old precedent that will needlessly undermine the utility and finality of arbitrations that concerned allegations of retaliation, interference and coercion with employees Section 7 rights. [read post]
18 Dec 2014, 6:18 am
The case, Babcock & Wilcox Construction Co., Inc., is broad in scope, because the majority also use it as an opportunity to announce changes to the NLRB’s pre-arbitral deferral standard and to its standard for determining whether to defer to settlement agreements arising from the grievance-arbitration process. [read post]
2 Jan 2020, 8:54 am
However, in 2014, the Obama Board took a major step back from this traditional deference to arbitration in Babcock & Wilcox Construction Co., 361 NLRB 1127. [read post]
6 Jan 2020, 1:42 pm
The employee then filed an NLRB charge, in which the administrative law judge declined to defer to the panel’s decision and, applying the heightened deferral standard set forth in Babcock & Wilcox Construction Co., Inc., 361 NLRB 1127 (2014), found the termination unlawful. [read post]
31 Mar 2017, 6:56 am
Babcock & Wilcox Enters., et al., No. 3:17-cv-00125 (W.D.N.C. [read post]
31 Mar 2017, 6:56 am
Babcock & Wilcox Enters., et al., No. 3:17-cv-00125 (W.D.N.C. [read post]
3 Jun 2015, 8:53 am
-Austin 1999, pet. denied) (when issue of attorney’s fees was submitted to arbitrator, trial court was not permitted to second-guess arbitrator’s decision to award no attorney’s fees); Babcock & Wilcox Co. v. [read post]
3 Jan 2020, 6:47 am
Babcock Standard In 2014, the Board, in Babcock & Wilcox Construction Co., 361 NLRB 1127 (2014), stated it would not defer to arbitral decisions unless “(1) the arbitrator was explicitly authorized to decide the unfair labor practice issue; (2) the arbitrator was presented with and considered the statutory issue, or was prevented from doing so by the party opposing deferral; and (3) Board law reasonably permits the award. [read post]
21 Jan 2020, 8:48 am
The Board changed the post-arbitral deferral standard in Babcock & Wilcox Construction Co., 361 NLRB 1127 (2014). [read post]
20 Feb 2017, 11:58 am
Babcock & Wilcox Co. v. [read post]
6 Jan 2020, 7:28 am
In Valley Hospital Medical Center, Inc., the Board overruled Lincoln Lutheran of Racine, an Obama-era decision requiring employers to continue deducting dues from employee paychecks after the expiration of the collective bargaining agreement calling for such deductions. [read post]
6 Jan 2020, 7:28 am
In Valley Hospital Medical Center, Inc., the Board overruled Lincoln Lutheran of Racine, an Obama-era decision requiring employers to continue deducting dues from employee paychecks after the expiration of the collective bargaining agreement calling for such deductions. [read post]
17 Nov 2023, 1:21 pm
., Inc. [read post]
17 Dec 2014, 6:59 am
” Members Miscimarra and Johnson filed separate opinions concurring in part and dissenting in part (Babcock & Wilcox Construction Co., Inc., December 15, 2014). [read post]
4 Oct 2014, 12:09 pm
We would thus be on a fool’s errand not to pay attention to the social construction of reputation, both in terms of how reputations are created and how they are diminished. [read post]
9 Oct 2006, 5:12 pm
(Chairman Battista and Members Liebman and Kirsanow participated.) *** Coastal Cargo Co., Inc. (15-CA-17862; 348 NLRB No. 32) New Orleans, LA Sept. 29, 2006. [read post]
25 Feb 2023, 6:50 pm
The critics and cheerleaders of Dr. [read post]
