The City challenged the arbitrability of two grievances alleging that its incentive payments for vaccination against COVID-19 were issued selectively and arbitrarily in violation of various economic agreements, which require uniform and equitable compensation for bargaining unit members. The City argued that there is no nexus between the grievances and the economic agreements because the incentive payments were a targeted effort to achieve a public health goal and were wholly unrelated to wage rates or compensation. The Unions argued that employees received the incentive payments in their paychecks as earnings and therefore relate to the parties’ economic agreements. The Board found that the Unions did not establish the requisite nexus. Accordingly, the City’s petitions challenging arbitrability were granted, and the Union’s requests for arbitration were dismissed.

15-OCB2d-31-BCB-2022.pdf