WASHINGTON, D.C. — The National Labor Relations Board has issued revised guidance on how its regional offices handle unfair labor practice charges that may be deferred to parties’ collectively bargained grievance and arbitration procedures.
Acting General Counsel William B. Cowen’s GC Memorandum 25-09 directs investigators to first assess whether allegations meet the criteria for deferral under the 1963 Dubo Manufacturing standard. If not, they are to consider the 1971 Collyer Insulated Wire standard. The changes also end quarterly agency inquiries into deferred case status, shifting that responsibility to charging parties, who must now submit updates twice yearly.
Cowen said the revisions reflect both the Supreme Court’s support for contractual dispute resolution in the Steelworkers Trilogy and the NLRB’s need to focus limited resources on cases lacking such mechanisms, while retaining jurisdiction to review final outcomes when requested.
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