Burns International Security Services v. National Labor Relations Board

HARRY T. EDWARDS, Chief Judge:

This case presents the narrow question whether, under established case law, the National Labor Relations Board (“NLRB” or “Board”), may decide a refusal to bargain unfair labor practice claim, arising under sections 8(a)(5) and 8(a)(1),,of the National Labor Relations Act (“NLRA” or “Act”), 29 U.S.C. §§ 158(a)(5), (1), where an employer acts pursuant to a viable claim of right under a collective bargaining agreement (“CBA”), the matter in dispute is covered by the arbitration clause in the CBA, and the employer unconditionally seeks submission of the dispute to…