Sometimes two unions both claim the same work. Under Section 10(k) of the National Labor Relations Act, the National Labor Relations Board “is empowered and directed to hear and determine the dispute.” The unfair labor practice charge against the union is “held in abeyance” while the Board decides.
The Board weighs the collective-bargaining agreements, the employer’s current assignment and preference, industry practice, skills and efficiency. If the parties comply with the award, the charge is dismissed.