This article will view the functions of the arbitrator and the Labor Board, as well as the arguments for their respective jurisdictions. It will examine the history of the subject from Lincoln Mills through the most recent words on the subject. With a view of the history of the problem and an attempt to examine realistic solutions as well as pure legal logic, the attempt will be to demonstrate the glaring need today for more specifically enunciated standards on the part of the Board. The author shall propose certain aspects of the collective bargaining situation to which the Board must pay greater heed in forming its policy of deferral. Should the NLRB continue to ignore the responsibility of forming clearer jurisdictional boundaries, it will do so at the risk of undermining the strength of the collective bargaining process itself.
Richard I. Bloch,
The NLRB and Arbitration: Is the Board's Expanding Jurisdiction Justified?,
U. Mich. J. L. Reform
Available at: https://repository.law.umich.edu/mjlr/vol1/iss1/8