The Hammondtree challenge to the NLRB's deferral policy

Abstract

This article discusses the resolution of rights under arbitration, and the problematic scenario of in which adjudicatory body should handle charges of unfair labor practices. This article examines whether a union or an employer may take away an individual's statutory right to have such claims heard before the National Labor Relations Board, or must the claim be resolved (due to parallel contract provisions) in a general arbitration forum. The author concludes that since there is no way to ensure adequate representation or rational decisionmaking standards prevail, deferring the case to arbitration undermines the rule of law.