OSA, 11 OCB2d 16 (BCB 2018)

The City challenged the arbitrability of a grievance alleging that it violated the parties’ collective bargaining agreement by failing to place Administrative Staff Analysts into the Union’s bargaining unit. The City argued that the Union lacks standing to challenge the placement of managerial employees and that there is no nexus between the grievance and the cited contractual provisions as to employees hired as managers. The Board found that that the Union established the requisite nexus since the parties had negotiated a dispute resolution procedure regarding the placement of Administrative Staff Analysts not designated managerial or confidential by the Board of Certification. Accordingly, it denied the City’s petition challenging arbitrability and granted the Union’s request for arbitration.

11-OCB2d-16-BCB-2018--sY.pdf11-OCB2d-16-BCB-2018-2-E.pdf11-OCB2d-16-BCB-2018-d4M.pdf