Sievers, a union steward at Spina Manufacturing Co., was fired when he filed a grievance over the employer’s change to its overtime pay policies.

Sievers argued that the action was in violation of the collective agreement and also violated the federal Fair Labor Standards Act. The union filed unfair labor practice charges with the NLRB, claiming that the discharge was a violation of Sections 8(a)(1) and

(3) of the NLRA. The employer argued that dispute over the discharge should be arbitrated under the collective agreement’s arbitration provisions, and that the NLRB should defer the dispute to arbitration. Should the NLRB refer the dispute to arbitration? What factors will the NLRB consider in making it decision?