The City challenged the arbitrability of grievances alleging that the City’s failure to pay two bargaining unit members at the salary rates of titles whose work they were performing violated the parties’ Agreement. The City argued that there is no nexus between the claim that employees should be paid at the salary rate of a different title and any provision of the Agreement. The City further argued that an out-of-title claim is not grievable under the Agreement. The Union contended that a nexus exists between its claim that employees are performing the work of Union-represented titles with higher salary rates than the titles to which they were appointed and Article III of the Agreement, which dictates the salary of each title covered by the Agreement. The Board found that the Union established the requisite nexus. Accordingly, the petitions challenging arbitrability were denied, and the requests for arbitration were granted.

18-OCB2d-20-BCB-2025.pdf