The City challenged the arbitrability of a grievance alleging that it violated a DOC regulation when it failed to credit Grievant for compensatory time for the period of time between the end of his disciplinary suspension and the date he was permitted to return to work. The City argued that the grievance concerns issues related to Grievant’s suspension, which is a disciplinary matter that is specifically excluded from the definition of a grievance. The Union argued that it is not seeking to arbitrate a disciplinary matter and that it established the requisite nexus between its claim and the cited regulation. The Board found that the grievance did not concern a disciplinary matter and that the Union established the requisite nexus. Accordingly, the City’s petition challenging arbitrability was denied, and the Union’s request for arbitration was granted.

12-OCB2d-31-BCB-2019.pdf