The City challenged the arbitrability of a grievance alleging that DOB violated the parties’ collective bargaining agreement by failing to increase the grievants’ salaries after they were assigned to the Emergency Response Team night shift, consistent with past practice. The City argued that there is no nexus between the grievance and the agreement’s cited provisions because they provide no right to a salary increase. It also argued that past practices are not arbitrable because the agreement’s definition of a grievance does not include claimed violations of a past practice. The Board found that the Union did not establish the requisite nexus and that the parties’ agreement does not allow for the arbitration of past practices. Accordingly, the City’s petition challenging arbitrability was granted, and the Union’s request for arbitration was dismissed.

15-OCB2d-22-BCB-2022.pdf