COBA, 13 OCB2d 19 (BCB 2020)
The City challenged the arbitrability of a grievance alleging that it violated a DOC order when it denied Grievant release time for physical therapy appointments in connection with a workers’ compensation incident. The City asserts that there is no nexus between the grievance and the DOC order, since determinations regarding eligibility for release time are made by the DOC’s Health Management Division and are final and binding. The City also argued that the Union’s requested remedy of compensatory time was inappropriate because it is outside of an arbitrator’s authority to order such a remedy. The Board found that the Union established the requisite nexus between its claim and the DOC order and that the issue of remedy was for the arbitrator to determine. Accordingly, the City’s petition challenging arbitrability was denied, and the Union’s request for arbitration was granted.