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Collyer Doctrine: A Comprehensive Guide to Its Legal Definition
Definition & Meaning
The Collyer Doctrine is a principle in labor law that allows the National Labor Relations Board (NLRB) to refer disputes to arbitration if those disputes can be resolved under the terms of a collective bargaining agreement. This doctrine is named after the case Collyer Insulated Wire, 192 N.L.R.B. 837 (N.L.R.B. 1971), which established the standard for such referrals. Essentially, it encourages the resolution of labor disputes through arbitration rather than through direct intervention by the NLRB, promoting adherence to agreed-upon terms between employers and unions.
Table of content
Legal Use & context
The Collyer Doctrine is primarily used in labor law, particularly in cases involving collective bargaining agreements between employers and labor unions. It plays a crucial role in how disputes are managed and resolved, emphasizing the importance of arbitration as a means of settling conflicts. Users may encounter this doctrine when dealing with labor disputes, and they can utilize legal templates from US Legal Forms to draft arbitration agreements or related documents.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A union representing factory workers raises a grievance regarding overtime pay. The employer and union have a collective bargaining agreement that includes an arbitration clause. The NLRB may refer the issue to arbitration under the Collyer Doctrine.
Example 2: A dispute arises over the interpretation of a safety regulation in a union contract. Since the contract provides for arbitration, the NLRB can direct the parties to resolve the matter through the agreed-upon arbitration process. (hypothetical example)
Relevant laws & statutes
The primary legal reference for the Collyer Doctrine is the case Collyer Insulated Wire, 192 N.L.R.B. 837 (N.L.R.B. 1971). This case set the precedent for the application of the doctrine in labor disputes. No additional statutes specifically govern this doctrine.
Comparison with related terms
Term
Definition
Key Differences
Arbitration
A method of resolving disputes outside of court.
Arbitration can occur independently of the Collyer Doctrine, but the doctrine specifically refers disputes under collective agreements to arbitration.
Mediation
A process where a neutral third party helps resolve a dispute.
Mediation is non-binding, while arbitration under the Collyer Doctrine is binding if agreed upon in the collective bargaining agreement.
Common misunderstandings
What to do if this term applies to you
If you find yourself involved in a labor dispute covered by a collective bargaining agreement, consider the following steps:
Review your collective bargaining agreement to understand the arbitration process.
Gather relevant documentation related to the dispute.
Consult with a legal professional if you need assistance navigating the arbitration process.
Explore US Legal Forms for templates that can help you draft necessary documents for arbitration.
Find the legal form that fits your case
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The Collyer Doctrine is a principle that allows the NLRB to refer disputes to arbitration if they can be resolved under a collective bargaining agreement.
It applies when there is a collective bargaining agreement that includes an arbitration clause for resolving disputes.
If your collective bargaining agreement mandates arbitration, you typically must comply with that requirement.