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A "reasonable relation" between the subject matter of a grievance and the subject matter of the CBA defeats a motion to stay arbitration

A "reasonable relation" between the subject matter of a grievance and the subject matter of the collective bargaining agreement defeats a motion to stay arbitration
County of Greene v Civil Service Empl. Assn., 2009 NY Slip Op 31468(U), July 7, 2009, Supreme Court, Columbia County, Docket Number: 09-0669, Judge: Joseph C. Teresi [Not selected for official publication]

Scott Moore, a CSEA member, tested positive for marijuana while working as a Greene County corrections officer. This resulted in Moore's termination. CSEA filed a grievance and demanded that the matter be submitted to arbitration.

Greene County objected and filed a petition pursuant to CPLR Article 75 seeking a judicial stay of arbitration.

Judge Teresi said that the issue before the court was "whether Article 30 of the collective bargaining agreement [CBA] contemplated arbitration as a means of resolving the instant dispute." Accordingly, the court said that in this instance it only had to ?ascertain whether there is a reasonable relationship between the subject matter of the dispute and the general subject matter of the CBA.?

Article 30 of the CBA provided that ?[a]ny employee employed in the Sheriffs Office who subsequently tests [illegal drug] positive, ... shall be subject to termination? and further provided that ?The Sheriffs decision shall be final and not reviewable."

On the other hand, said Judge Teresi, Article 15 of the CBA provides unit members with ?a broad right to appeal and arbitrate "disciplinary action".

CBA Article 15 provided that "[n]o employee ... shall be disciplined except for just cause [and]. .. shall be served with a written notice of the action and the reason for it." In the event the individual disagrees with the disciplinary action, CSEA "may appeal", and if "not satisfied" with the appeal "may elect to submit the matter to arbitration".

Finding that Articles 30 and 15, respectively, set out policies and procedures for drug testing employees and a separate process for employee discipline, the court said that CSEA framed its demand for arbitration as an appeal of the disciplinary action resulting in the termination of the employee.

Here, said the court, although the Sheriff?s decision to terminate Moore?s employment is not reviewable, CSEA?s Demand for Arbitration challenges the "disciplinary action" as a whole and is not limited to the Sheriff?s decision to dismiss Moore.

Characterizing subject matter of this dispute as the generalized "disciplinary action" taken against Moore, the court found CSEA demonstrated a "reasonable relation" between the subject matter of the dispute and the subject matter of the CBA and dismissed the County?s petition seeking to stay arbitration.

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/pdfs/2009/2009_31468.pdf

Full post as published by New York Public Personnel Law on July 21, 2009 (boomark / email).