The City challenged the arbitrability of two grievances alleging that it violated the parties’ collective bargaining agreement by failing to provide due process rights when it terminated Grievants. The City argued that both Grievants’ probationary periods had been extended pursuant to the Personnel Rules and that, therefore, there is no nexus between the terminations and the collective bargaining agreement. Since the collective bargaining agreement excludes the Personnel Rules from the scope of arbitration, the Board found that there is no nexus between the Union’s claim and the collective bargaining agreement. Accordingly, the City’s petitions challenging arbitrability were granted, and the Union’s requests for arbitration were denied.

13-OCB2d-10-BCB-2020.pdf