Collyer doctrine - sustany/dvg GitHub Wiki

The Collyer�doctrine is a doctrine in labor law which states that the National Labor Relations Board (NLRB) will defer charges (ie. unfair labor practices) to a contractually agreed upon dispute resolution method so long as certain conditions are met.�The Collyer�doctrine takes its name from Collyer Insulated Wire, 192 N.L.R.B. 837 where it was first declared.

The Collyer�doctrine is not an admission that the NLRB lacks authority to handle charges when an alternative dispute resolution clause exists, rather it is a conscious choice not to exercise that authority. Collyer itself justifies this restraint by arguing that it is not the labor board�s place to interfere with contractual terms like arbitration clauses that were bargained for and exchanged.�

Because the Collyer�doctrine is premised on executive restraint rather than a lack of authority, the specifics of how it is applied tend to shift fairly frequently. For example, GC 12-01, first announced in 2012, declared that the Collyer�doctrine would no longer apply to any charge which was unlikely to be resolved within 1 year should it go to arbitration. GC 18-02, however, rescinded this change of policy a mere 6 years later.�

It is up to the NLRB to determine if and when they wish to apply the Collyer�doctrine. If the dispute was not contractual and the collective bargaining agreement did not call for final and binding arbitration, the NLRB is less likely to apply the Collyer�doctrine.�