HHC challenged the arbitrability of grievances alleging that it wrongfully terminated two employees. HHC argued that the dispute pertains to the Personnel Rules and Regulations of the HHC, and is excluded from the collective bargaining agreement’s grievance and arbitration process. HHC also argued that the employees were probationary and that there is no nexus between the termination of probationary employees and the collective bargaining agreement. The Board found that a nexus exists between the subject matter of the grievance and the collective bargaining agreement. Accordingly, the petition was denied, and the request for arbitration was granted.

11-OCB2d-21-BCB-2018-5ms.pdf