scott dispute resolution’s Blogs and Speaking Engagements

The National Labor Relations Board (NLRB) Enforcement Priorities for 2026: What Matters Now

The NLRB’s 2026 agenda signals a shift toward stability and disciplined enforcement. Under General Counsel Crystal Carey, the agency is prioritizing faster case processing, stronger evidence standards, and consistent application of existing doctrine. These changes directly affect how employers investigate misconduct, how unions challenge discipline, and how arbitrators evaluate just cause.﻿
1. Faster Case ProcessingThe Board is pushing regions to move cases quickly, reduce backlogs, and identify key issues earlier. Parties should expect tighter timelines and more pressure to present complete documentation up front.﻿
2. Higher Expectations for Evidence Quality
The NLRB is emphasizing neutrality, completeness, and contemporaneous documentation in employer investigations. This aligns closely with the “fair investigation” element of just cause and will shape how arbitrators assess disciplinary decisions.

3. Stability in Major Doctrines
Key decisions — Ex-Cell-O, Care One, Caesars Entertainment — remain intact. This stability gives parties clearer expectations around bargaining conduct, remedies, and workplace communication rules.

4. Continued Scrutiny of Workplace Policies
Even without immediate changes to Stericycle, the Board continues to challenge broadly worded rules that could chill protected activity. Employers should narrow policies; arbitrators must often assess rule lawfulness before evaluating the underlying misconduct. 

From the Arbitrator’s Desk

04.24.2026

What This Means for the Workplace

Employers: Strengthen investigations, tighten policies, and prepare for faster timelines.  
Unions: Leverage evidence-quality standards and monitor employer communication rules. 
Arbitrators: Expect more arguments about investigative fairness, policy legality, and requests for deferral. 

Bottom Line 

The NLRB’s 2026 priorities emphasize consistency, evidence quality, and procedural rigor. These shifts will influence not only Board litigation but also day-to-day decisions in discipline, bargaining, and arbitration.﻿
" A problem is just a solution waiting to happen.” — Scott Dispute Resolution "

06.07.2024

Judge Upholds Arbitrator’s Opinion and Award in Suffolk County, Massachusetts

On June 7, 2024, Superior Court Judge Robert B. Gordon upheld an arbitrator’s Opinion and Award (the Award) in favor of the Union concerning the termination of a police officer who worked for the Town of Plimpton, Massachusetts (the Town). The Town asserted that the Award ordering that the officer be reinstated to active duty should be overturned “on the ground that such an order violates public policy.”

Applying a three-part test outlined in Bureau of Special Investigations v. Coalition of Pub. Safety, 430 Mass. 601, 604-05 (2000), Judge Gordon ruled:

…...the Town’s public policy challenge to the arbitral reinstatement of Maligno is without merit. The Plympton Police Association’s Motion for Judgment on the Pleadings, therefore, is ALLOWED, the Town of Plympton’s Motion for Judgment on the Pleadings is DENIED, and the award of the Arbitrator reinstating Jeffrey Maligno to active duty is AFFIRMED.  

What is Interest Arbitration?

05.01.2024

 I am a fan of interest arbitration, simply because it is a way to avoid the inevitable strike when one party cannot agree to a successor collective bargaining agreement.    Here in Oregon, we have a statute with the acronym PECBA, which stands for Public Employee Collective Bargaining Act.  In fact, a few months ago, in May 2024, we celebrated the fact that the PECBA has been in effect for fifty (50) years.    My son thought I was crazy for wanting to attend an event that celebrated the passage of a statute.  What was surprising was that all but one arbitrator that attended that event was a female.   You can view all the steps to the PECBA collective bargaining process by clicking here:   https://www.oregon.gov/erb/pages/pecba.aspx ﻿

The bottom line is that interest arbitration only comes into play when strike-prohibited parties simply cannot agree.    That said, interest arbitration saves time, cost and allows the Parties the opportunity to reach a final agreement, based on the Arbitrator’s determination of whose “last best offer” is the best for the public at large, and the particular public employees.  

The National Labor Relations Board (NLRB) Enforcement Priorities for 2026: What Matters Now

From the Arbitrator’s Desk

What This Means for the Workplace

Bottom Line

Judge Upholds Arbitrator’s Opinion and Award in

Suffolk County, Massachusetts

What is Interest Arbitration?

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