Questions Presented
Whether a “recognition clause,” a boilerplate provision found in virtually every collective bargaining agreement that simply affirms the union’s status as representative of bargaining unit employees, requires an employer to arbitrate disputes not otherwise implicating any term or provision of the agreement.
Case Updates
Cert. petition denied
March 17, 2008
U.S. Chamber urges Supreme Court to review mandatory arbitration in collective bargaining agreements
December 28, 2007
NCLC urged the Supreme Court to review a Seventh Circuit decision that judicially imposes “interest arbitration” into most collective bargaining agreements where issues not resolved by the parties through bargaining could be imposed by an arbitrator. In its brief, NCLC argued that federal policy favors arbitration. In the collective bargaining agreement setting, however, without the benefit of contractually bargained for arbitration limitations, every action of an employer could be challenged. At the very core of labor grievance arbitration provisions is the parties’ desire to obtain some stability and predictability in industrial operations. If left in place, the Seventh Circuit decision jeopardizes the careful balance necessary to maintain industrial peace and economic stability.