SSEU, L. 371, 11 OCB2d 2 (BCB 2018)
HHC challenged the arbitrability of a grievance alleging that it violated the collective bargaining agreement and its operating procedure when it failed to afford procedural counseling to the grievant prior to disciplining her. HHC argued that arbitration of the Union’s claim is precluded because the allegations fall outside the contractual definition of a grievance and because the grievant was a provisional employee excluded from the due process rights afforded under the Provisional Due Process Agreement. The Board found that the Union established the requisite nexus between the grievance and the cited contractual provision. Accordingly, it denied HHC’s petition challenging arbitrability and granted the Union’s request for arbitration.