1199 SEIU, 10 OCB2d 18 (BCB 2017)

HHC challenged the arbitrability of a grievance that alleges it violated the layoff provision of the Citywide Agreement by failing to recognize seniority when it reassigned Grievants. HHC argued that this dispute involves its Personnel Rules and is excluded from arbitration and, thus, the Union failed to establish a nexus between the subject matter of the grievance and the layoff provision. The Board found that the Union did not establish a nexus between the grievance and the layoff provision. Accordingly, the petition challenging arbitrability was granted, and the request for arbitration was denied.

10-OCB2d-18-BCB-2017-VuM.pdf