January 2011 - National Labor Relations Board

10118 DEFERRALSdismissed if the charging party thereafter fails to promptly file andattempt to process a grievance on the subject matter of the charge.Decision to Defer: Based on our investigation, I am deferringfurther proceedings on [(the charge) or (that portion of the charge describedbelow)] to the grievance/arbitration process for the following reasons:1. The charge alleges: [Describe allegations being deferred.]2. The Employer and the Union have a collective-bargainingagreement currently in effect that provides for final and bindingarbitration.3. The Employer is willing to process a grievance concerning theabove allegations in the charge and will arbitrate the grievance ifnecessary. The Employer has also agreed to waive any timelimitations in order to ensure that the arbitrator addresses themerits of the dispute.4. Since the above allegations in the charge appear to be covered bycertain provisions of the collective-bargaining agreement, it islikely that such allegations may be resolved through thegrievance/arbitration procedure.Further Processing of the Charge: As explained below, while thecharge is deferred, the Region will monitor the processing of thegrievance and, under certain circumstances, will resume processing thecharge.Charging Party’s Obligation: Under the Board’s Collyer deferralpolicy, the Charging Party has an affirmative obligation to file agrievance, if a grievance has not already been filed. If the ChargingParty fails either to promptly file or submit the grievance to thegrievance/arbitration process, or declines to have the grievancearbitrated if it is not resolved, I will dismiss the charge.[Note: If charge is filed by an individual, add the following paragraph.]Revised 01/11