NATIONAL LABOR RELATIONS BOARD, PETITIONER,
v.
INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL, ORNAMENTAL & REINFORCED IRON WORKERS UNION, LOCAL 378, RESPONDENT
PER CURIAM:
The Board’s Decision and Order, reported at 191 NLRB No. 73, will be enforced. The critical factual determinations upon which the Board based its decision are clearly supported by substantial evidence.
We reject the respondent’s contention that the aggrieved employee failed to exhaust administrative remedies which the respondent urges were available under a collective bargaining agreement, consummated after the unfair labor practice had occurred. “[W]here the facts create both an arbitrable dispute and a possible unfair labor practice, the Board has discretion to issue a complaint or to defer action until an arbitration has been completed.” NLRB v. Thor Power Tool Co., 351 F. 2d 584, 587 (7th Cir. 1965). See also NLRB v. Strong, 393 U.S. 357, 360-362, 89 S.Ct. 541, 21 L.Ed. 2d 546 (1969).
Moreover, the respondent, in its exceptions to the Examiner’s findings and recommendations, did not, with adequate specificity, object to any failure on the Examiner’s part to find that the grievance procedure was applicable to the controversy. Nor in its exceptions did the respondent make any other reference to its present contention in this respect. See 29 C.F.R. § 102.46 (b) (1969). See also NLRB v. Seven-Up Bottling Co., 344 U.S. 344, 350, 73 S.Ct. 287, 97 L.Ed. 377 (1953); NLRB v. Giustina Bros. Lumber Co., 253 F. 2d 371, 374 (9th Cir. 1958).
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Nat'l Labor Relations Bd. v. Seven-Up Bottling Co. of Miami, Inc., 344 U.S. 344 (U.S. 1953)
- Nat'l Labor Relations Bd. v. Strong, 393 U.S. 357 (U.S. 1969)
- Nat'l Labor Relations Bd. v. Thor Power Tool Co., 351 F.2d 584 (7th Cir. 1965)
- Nat'l Labor Relations Bd. v. Giustina Bros. Lumber Co., 253 F.2d 371 (9th Cir. 1958)