- Written by Rebecca Hause-Schultz and Hannah Fortin
On Wednesday, Rep. Bob Goodlatte’s Agricultural Guestworker Act (“AG Act”) passed the House Judiciary Committee. The two-day hearing was full of passionate argument on all sides, but ended in a close vote of 17-16. We previously reported on some of the details of this proposed H-2C program here, but the passed AG Act contains several notable changes:
Ninth Circuit Agrees With 2014 NLRB Decision Not To Retroactively Apply Its New Standard On Arbitration Deferral
- Written by Jarred Lieber
Back in 2014 the National Labor Relations Board (“NLRB”), in its Babcock & Wilcox Construction Co. (“Babcock”) decision, revised a longstanding standard regarding the NLRB’s deferral to arbitration awards. In that case, a forklift and crane operator, who also served as a job steward for her union, was terminated from her job after about two months because of safety and conduct violations. The union filed a grievance, and pursuant to the applicable collective bargaining agreement, the grievance was submitted to binding arbitration before a joint labor-management subcommittee. The subcommittee denied the grievance and upheld the termination. The union filed an unfair labor charge with the NLRB, which resulted in a complaint being filed. The Administrative Law Judge (“ALJ”) recommended that the NLRB defer to the subcommittee decision and dismiss the complaint. The NLRB adopted the ALJ’s recommendation but in doing so set forth a new standard for determining whether to defer to an arbitration decision.