NLRB deferral to arbitration

NLRB deferral to arbitration gets a boost under the GC’s recent Memo.
Two points:
1. “in all investigations, Regions are instructed to first consider whether the charge allegations are appropriate for deferral pursuant to the criteria set forth in Dubo Manufacturing Corporation.”
2. “Regions will no longer conduct quarterly status checks.”

These are somewhat less than dramatic changes, but the first one is bound to increase the number of cases deferred to arbitration.

General Counsel Memo: Guidance for Deferring Unfair Labor Practice Cases (08/07/2025) [PDF].

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