NLRB Resolution of Contract Disputes Under Section 8(A)(5)
Arizona State University (ASU) - Sandra Day O'Connor College of Law
50 Texas Law Review, Vol. 50, No. 2, p. 225, 1972
Rather than attempt to lay to rest the broad subject of National Labor Relations Board contract resolution, I confine myself in this article to the NLRB's role in deciding whether an employer has violated section 8(a)(5) of the Act when he engages in unilateral acts during the term of the collective bargaining contract. In turn, this will take me into a discussion of the Board's "clear and unmistakable waiver" rule, when the Board should defer to what I call the "usual" machinery for contract dispute resolution, and whether a breach of a collective bargaining contract is or ought to be of itself an unfair labor practice.
Number of Pages in PDF File: 41
Keywords: National Labor Relations Board, unilateral acts, collective bargainingAccepted Paper Series
Date posted: August 28, 2009
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