Legal Definitions - Collyer doctrine

The Collyer doctrine is a principle in U.S. labor law concerning the role of the National Labor Relations Board (NLRB). The NLRB is an independent federal agency responsible for enforcing the National Labor Relations Act, which governs relations between unions and employers in the private sector.

Under the Collyer doctrine, the NLRB makes a conscious decision to defer, or temporarily step aside, from directly handling certain charges of unfair labor practices. This deferral occurs when an employer and a labor union have already established their own method for resolving disputes—such as arbitration—within their collective bargaining agreement. Essentially, if a dispute brought to the NLRB could also be resolved through the parties' existing contractual grievance and arbitration procedures, the NLRB will often encourage them to use their own agreed-upon system first, provided certain conditions are met.

The rationale behind the Collyer doctrine is to promote industrial peace and respect the agreements voluntarily negotiated by employers and unions. It acknowledges that parties have bargained for and agreed to specific dispute resolution mechanisms, and the NLRB prefers not to interfere with these contractual arrangements unless absolutely necessary. It's important to note that the NLRB is not relinquishing its authority, but rather choosing not to exercise it immediately, trusting the parties to resolve their issues through their established processes.

Here are some examples illustrating the Collyer doctrine:

• Dispute over Disciplinary Action: Imagine a manufacturing plant where a unionized employee is suspended for alleged insubordination. The union believes the suspension violates the "just cause" provision of their collective bargaining agreement, which also includes a clause requiring all disputes over disciplinary actions to go through a multi-step grievance procedure culminating in binding arbitration. If the union files an unfair labor practice charge with the NLRB, alleging the employer's action was retaliatory, the NLRB would likely apply the Collyer doctrine. It would defer to the contractual arbitration process, expecting the union and employer to resolve the issue through their agreed-upon mechanism before the NLRB would intervene.

• Changes to Work Assignments: Consider a large retail chain where the management decides to implement new scheduling software that alters how shifts are assigned to unionized employees. The union argues that these changes violate specific clauses in their collective bargaining agreement regarding seniority and fair distribution of work. The agreement contains a comprehensive grievance and arbitration procedure for interpreting and applying its terms. If the union files a charge with the NLRB claiming the employer unilaterally changed working conditions in violation of labor law, the Collyer doctrine would likely lead the NLRB to defer. It would direct the parties to first utilize their contractual grievance and arbitration process to resolve the dispute over the new scheduling system.

• Interpretation of Benefit Entitlements: Suppose a public utility company announces a modification to its employee pension plan, affecting union members. The union believes this modification breaches a specific article in their collective bargaining agreement that outlines pension benefits and requires any disputes over benefit changes to be resolved through arbitration. If the union files an unfair labor practice charge with the NLRB, arguing that the employer's unilateral change constitutes a refusal to bargain, the NLRB would likely invoke the Collyer doctrine. It would defer to the arbitration clause in the collective bargaining agreement, allowing the parties to interpret and apply their contract through their established dispute resolution system.