OSA, 13 OCB2d 16 (BCB 2020)

The City challenged the arbitrability of a grievance alleging that it violated the parties’ collective bargaining agreement and Personnel Service Bulletins when it denied Grievant the right to return to his prior agency in his prior title after the agency to which he transferred terminated him during his probationary period. The City argued that the matter is not arbitrable because there is no nexus to the parties’ collective bargaining agreement and because the Personnel Service Bulletins at issue were derived from the City’s Personnel Rules and Regulations, which are not arbitrable. The Board found a nexus to one of the cited Personnel Service Bulletins, which included procedures not found in the Personnel Rules and, therefore, was arbitrable under the parties’ collective bargaining agreement. Accordingly, the Board granted, in part, and denied, in part, the City's petition challenging arbitrability.

13-OCB2d-16-BCB-2020.pdf