spielberg doctrine

Spielberg doctrine. Labor law. The policy of the National Labor Relations Board to defer to an arbitrator’s decision regarding a contract dispute if (1) the decision is not repugnant to the National Labor Relations Board, (2) the arbitration proceedings provided a hearing as fair as would have been provided before the NLRB, and (3) the contract requires binding arbitration. Spielberg Mfg. Co., 112 NLRB Dec. (CCH) 86 (1955). Cf. COLLYER DOCTRINE.

“In Spielberg Mfg. Co. (1955), the Board announced its policy of dismissing an unfair labor practice complaint in deference to an arbitration award already rendered, provided the arbitral procedures were fair and the award was not repugnant to the policies of the Labor Act…. The Supreme Court in several cases cited the Board’s deferral policy with approval, noting that the Board has discretion to respect an arbitration award and that arbitration of disputes contributes to industrial peace and stability.” Robert A. Gorman, Basic Text on Labor Law: Unionization and Collective Bargaining 751 (1976).


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