NYCHA challenged the arbitrability of a grievance alleging that it violated the Citywide Agreement when it denied the Grievant compensation for overtime work performed. NYCHA argued that the Union failed to establish the requisite nexus between the grievance and Article IV of the Citywide Agreement because NYCHA is not a party to the Citywide Agreement. It further argued there is no nexus to the parties‟ Letter or Unit Agreements because they do not contain a provision for overtime. The Union argued that NYCHA elected to be bound by the Citywide Agreement and, furthermore, NYCHA‟s Rules set forth a requirement to pay overtime. Thus, the Union contended that it had established the requisite nexus. The Board found that the Union established the requisite nexus. Accordingly, NYCHA‟s petition challenging arbitrability was denied, and the Union‟s request for arbitration was granted.

9-OCB2d-4-mc0.pdf