NLRB Lowers Bar for Deferring Cases to Grievance Process (1)

Employers will have an easier time avoiding NLRB cases alleging unfair labor practices when a worker could go or already had gone through a workplace grievance process involving the same underlying claims, following a Dec. 23 National Labor Relations Board ruling.

In a decision involving United Parcel Service Inc., the NLRB struck down an Obama-era case that had raised the threshold for the board to effectively turn away an unfair labor practice claim and defer instead to the grievance arbitration process. The 3-0 decision lowers the standard in part by shifting the burden of proof to the party opposing ...