Petitioners challenged the arbitrability of a grievance alleging that the agency wrongfully disciplined Grievant by suspending him. Petitioners argued that the matter is not arbitrable because Grievant was suspended while on probation pursuant to a stipulation that waived any right of appeal or remedy under the contractual grievance procedure. The Union argued that the grievance is arbitrable because the stipulation allowed for a single suspension during the probationary period, not multiple suspensions. The Board found that Grievant’s right to arbitration was expressly waived in the stipulation. Accordingly, the petition challenging arbitrability was granted, and the request for arbitration was denied.

12-OCB2d-13-BCB-2019-wQw.pdf