In Ciba-Geigy Pharmaceuticals v. N.L.R.B., 722 F.2d 1120 (3d Cir.1983), after the union had filed a grievance pursuant to the collective bargaining agreement and timely filed an unfair labor practice charge with the Board, the NLRB regional director, noting the pendency of the union's grievance, determined that he would defer decision on filing an unfair labor practice charge until the completion of arbitration. Ciba-Geigy, 722 F.2d at 1123. At arbitration, counsel for Ciba-Geigy and the union stipulated that two issues would be addressed; first, whether the company violated the collective bargaining agreement by establishing a procedure to curtail absenteeism and second, whether the company violated Secs. 8(a)(1) and 8(a)(5) of the NLRA by implementing that procedure. Thus, along with the collective bargaining agreement grievances, the statutory unfair labor practice issue was presented to and clearly decided by the arbitrator. In response to the unfair labor practice charge, the arbitrator concluded that no violation had occurred. Id., at 1124.