UFA, 9 OCB2d 25 (BCB 2016)
The City challenged the arbitrability of two grievances alleging that the FDNY violated the Agreement, Department Regulations, the EEO policy, and the First Amendment, when it selectively disciplined Grievant, deprived him of individual rights, and failed to follow proper procedures in connection with a disciplinary interview. The City argued that the Union submitted an invalid waiver because the claims were presented during an OATH trial. The City also argued that the Union failed to establish the requisite nexus between its claims and the Agreement. The Union alleged that its waivers were valid because OATH never considered its claims, and argued that it established the requisite nexus. The Board found that the waiver was invalid as to certain claims that were decided by OATH on their merits. Additionally, the Board found that a nexus existed as to the claims that were not waived. Accordingly, the FDNY's petition challenging arbitrability was granted in part and denied in part, and the Union's requests for arbitration were granted in part and denied in part.