LEEBA, 9 OCB2d 12

The City challenged the arbitrability of a grievance alleging that the City‟s failure to pay unit members the maximum salary rates violated the parties‟ Agreement. The City argued that payment of the maximum rate is not required by the Agreement or the MOA and does not constitute a grievable issue. It also argued that the Union failed to establish a nexus between the grievance and any provisions of the Agreement, or DOT‟s rules, regulations, or written policies. The Union contended that a nexus exists between its request and the salary provisions of the Agreement. The Board found that the Union established the requisite nexus. Accordingly, the petition challenging arbitrability was denied, and the request for arbitration was granted.