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Procedural issues concerning the arbitrability of a grievance is for the arbitrator to resolve

Procedural issues concerning the arbitrability of a grievance is for the arbitrator to resolve
Matter of Board of Educ. of Schenectady City School Dist. v Schenectady Fedn. of Teachers, 61 AD3d 1175

The collective bargaining agreement (CBA) between the Schenectady City School District and the Schenectady Federation of Teachers provided that "[a]ll teachers may be required to attend no more than three (3) evening meetings a year." The CBA also set out a three-step grievance process that culminated in binding arbitration.

A number of teachers filed a grievance, for themselves "and all others affected," seeking compensation for their attendance at an additional evening meeting. The grievants failed to identify the ?other employees? affected and the school district took no action on the grievance at the first two steps. When the Federation?s made a demand for arbitration, the district obtained a stay of arbitration from Supreme Court. The Federation appealed and the Appellate Division vacated the lower court?s ruling.

Noting that ?[t]he original grievance remains unresolved and the issue on this appeal is whether it is subject to arbitration,? the Appellate Division ruled that in the absence of any claim of a "statutory, constitutional or public policy prohibition against arbitration of the grievance," the issue should be submitted to arbitration, citing Matter of City of Johnstown [Johnstown Police Benevolent Assn.], 99 NY2d 273. The court found that the ?broad arbitration clause? in the collective bargaining agreement between the parties permits either party to submit any grievance involving "a question concerning the interpretation or meaning of the Agreement" to arbitration.

Finding that "there is a reasonable relationship between the subject matter of the dispute and the general subject matter of the CBA," the court ruled that the dispute should be deemed arbitrable.Finally, said the court, the question of whether the Federation complied with the requirements of the grievance process and whether the CBA requires that all affected parties be named in the grievance are issues of procedural arbitrability for the arbitrator to resolve.

Full post as published by New York Public Personnel Law on February 09, 2010 (boomark / email).