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U.S. Supreme Court

Case Status

Decided

Docket Number

07-734

Term

Cert. Denied

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Case Updates

Cert. petition denied

March 17, 2008

U.S. Chamber urges Supreme Court to review mandatory arbitration in collective bargaining agreements

December 28, 2007

NCLC urged the Supreme Court to review a Seventh Circuit decision that judicially imposes “interest arbitration” into most collective bargaining agreements where issues not resolved by the parties through bargaining could be imposed by an arbitrator. In its brief, NCLC argued that federal policy favors arbitration. In the collective bargaining agreement setting, however, without the benefit of contractually bargained for arbitration limitations, every action of an employer could be challenged. At the very core of labor grievance arbitration provisions is the parties’ desire to obtain some stability and predictability in industrial operations. If left in place, the Seventh Circuit decision jeopardizes the careful balance necessary to maintain industrial peace and economic stability.

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