Collyer Doctrine

Primary tabs

Applies when the National Labor Relations Board defers charges (ie. unfair labor practices) to the arbitration process when these charges are brought prior to an arbitration award.  The National Labor Relations Board will, under this doctrine, refer resolution of such an issue brought before it to arbitration if the issue is arbitrable under the collective bargaining agreement. Collyer Insulated Wire, 192 N.L.R.B. 837 (1971).  In cases subsequent to Collyer, if a dispute involves refusal to bargain, the Board has deferred to arbitration in almost every case.  The ruling in Collyer, and its modification in subsequent cases, has resulted in the Board dismissing charges of refusal to bargain that have been filed proir to an arbitration only if the dispute was contractual and the collective bargaining agreement called for final and binding arbitration.