Defending unfair practice claims could get harder. According to a post by associate Samantha M. Kagan on Reed Smith’s Employment Law Watch blog, the National Labor Relations Board just agreed to consider forcing employers to defend unfair practice claims twice—once before an arbitrator, and then before the board.

Kagan says that interested parties should submit briefs about whether the current approach should be maintained, in which the board defers to the arbitrator’s award, assuming the proceedings were “fair and regular,” and met other standards.

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Tags: Employment Law Watch, M. Kagan, National Labor Relations Board, unfair practice claims