The NLRB's Babcock arbitral deferral standard

Abstract

This article concerns the deferral standard for arbitration of violations of National Labor Relations Act (NLRA) rights. There had been a standard for many years, based on the Spielberg, and Olin line of cases. The National Labor Relations Board (NLRB) modified this deferral standard in its Babcock ruling, and declared that henceforth arbitral decisions are upheld to the extent the process appears to be fair, parties agreed to be bound, and so forth. The Babcock standard has many effects for the arbitration process, though in the instant case the employee, Coletta Beneli did not receive the benefits afforded under the new standard.