COBA, 8 OCB2d 30 (BCB 2015)

The City challenged the arbitrability of a grievance alleging that DOC violated the parties‟ collective bargaining agreement when it failed to pay Grievant the appropriate rate and provide other benefits after a separation from service. The City argued that the request for arbitration must be denied because the Union has not established the requisite nexus to the Agreement. The City further argued that the Union is seeking to arbitrate DOC‟s application of the Civil Service Law, which it contends is not grievable nor within the jurisdiction of the Board. The Board found that the Union had established the requisite nexus to the Agreement and was not seeking to arbitrate the Civil Service Law. Accordingly, the petition challenging arbitrability was denied, and the request for arbitration was granted.