Since the Lincoln Mills and Trilogy cases were decided, problems concerning the interplay between the National Labor Relations Board and the arbitrator have been common. One of the problems facing the Board was the determination of situations in which it should refuse jurisdiction and relegate the parties instead to their contractual remedies. Mr. Cushman discusses that problem in two specific contexts: the unilateral action cases and the failure to furnish information cases. He suggests that the statutorycontract criteria be supplemented by others such as the presence or absence of antiunion animus, the magnitude of the alleged improper conduct, and the bargaining history of the parties. The recent cases of NLRB v. Acme Industrial Co. and NLRB v. C & C Plywood Corp. are discussed in detail.
