Summary

Portrait of Potter Stewart Potter Stewart National Labor Relations Board v…

Far from intruding upon the preserve of the arbitrator, the Board's action was in aid of the arbitral process. Arbitration can function properly only if the grievance procedures leading to it can sift out unmeritorious claims. For if all claims originally initiated as grievances had to be processed through to arbitration, the system would be woefully overburdened. Yet, that is precisely what the respondent's restrictive view would require. It would force the union to take a grievance all the way through to arbitration without providing the opportunity to evaluate the merits of the claim.
Source: Wikisource

Portrait of Potter Stewart Potter Stewart National Labor Relations Board v…

Section 8 (a) (5) proscribes failure to bargain collectively in only the most general terms, but § 8 (d) amplifies it by defining 'to bargain collectively' as including 'the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to * * * any question arising (under an agreement) * * *.' [3] And § 10 (a) [4] provides: 'The Board is empowered * * * to prevent any person from engaging in any unfair labor practice * * *.
Source: Wikisource

Portrait of Potter Stewart Potter Stewart National Labor Relations Board v…

Co., 363 U.S. 564, 80 S.Ct. 1343, 4 L.Ed.2d 1403, as articulating a national labor policy favoring arbitration and requiring the Board's deference to an arbitrator when construction and application of a labor agreement are in issue. We granted certiorari to consider the substantial question of federal labor law thus presented. 383 U.S. 905, 86 S.Ct. 893, 15 L.Ed.2d 662.
There can be no question of the general obligation of an employer to provide information that is needed by the bargaining representative for the proper performance of its duties. National Labor Relations Board v. Truitt Mfg.
Source: Wikisource

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