Labor & Employment Law Daily Wrap Up, NLRB NEWS—Regions told to ‘maximize’ deferral of ULP charges to parties’ collectively bargained grievance and arbitration process, (Aug 8, 2025)

By Brandi O. Brown, J.D.

The onus is also now on charging parties to provide a deferral status report to the Region on a biannual basis rather than the prior practice of Regions reaching out to the parties on a quarterly basis.

NLRB Acting General Counsel William B. Cowen has issued GC Memorandum 25-10, which provides revised guidance on the investigation procedures for unfair labor practice charges that may be deferred to the parties’ collectively bargained grievance and arbitration process. “At a time when we face decreasing staffing levels and a steady case intake,” Cowen writes, “it is imperative that we maximize and streamline our deferral program to avoid protracted investigation and litigation of disputes that can be (and often are) resolved through the negotiated contractual grievance machinery.”

This memorandum supersedes the guidance found in operations management memos from 2012 and 2013—OM 12-43 (Additional Guidance Concerning Collyer Deferral in Cases Involving 8(a)(3) or 8(a)(1) Discriminatees) and OM 13-35 (Collyer and Dubo Deferral Review)—which it also rescinded.

In deciding to maximize deferral, Cowen relied on a triumvirate of 1960s Supreme Court decisions (Steelworkers Trilogy (Steelworkers v. American Mfg. Co, 363 U.S. 564, 566 (1960); Steelworkers v. Warrior &Gulf Navigation Co., 363 U.S. 574, 581 (1960); and Steelworkers v. Enterprise Wheel & Car Corp., 363 U.S.593, 596 (1960)), in which, he contends, the Supreme Court observed that the Act’s statutory scheme is supported when parties to a collective-bargaining relationship avail themselves of their negotiated dispute resolution mechanisms to resolve differences. According to the memo, deferring unfair labor practice charges to the parties’ grievance procedure gives credence to the parties’ contract and fosters labor relations stability.

Dubo and Collyer. Not only does deferral uphold the Act’s statutory scheme, Cowen contends, but it also allows for the judicious use of Agency resources, which it notes are limited. Because of that, Regions are told to first consider at the outset of the investigation whether the allegations are appropriate for deferral under the standards established in Dubo Manufacturing Corporation, 142 N.L.R.B. 431 (1963). If the criteria for Dubo deferral are not met, Regions next should consider the appropriateness of deferral under Collyer Insulated Wire, 192 N.L.R.B. 837 (1971).

Updates by charging parties. Furthermore, the memo states that Regions will no longer contact parties on a quarterly basis to inquire about the status of the related grievance in deferred cases and instead puts the onus on the Charging Parties, who are obligated to provide a deferral status report to the Region on a biannual basis – March 15 and September 15.

Cowen adds: “Given the limitations of our budget, the Agency needs to focus our resources on cases where the parties do not have mutually agreed dispute resolution mechanisms. Of course, the Agency retains jurisdiction over deferred cases and will review ultimate disposition if requested by the parties.”

News: AgencyNews LaborNews Labor Arbitration Procedure UnfairLaborPractices