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Determining if a grievance was timely filed

By Harvey Randall, Esq.

Determining if a grievance was timely filed
Social Services Employees Union, Local 371 v City of New York, 2008 NY Slip Op 00362, Decided on January 22, 2008, Appellate Division, First Department

The Appellate Division, First Department, affirmed Supreme Court?s confirmation of an arbitrator?s award dismissing the Union?s grievance on the grounds that it was untimely.

Local 371 contended that the arbitrator had exceed his powers when he dismissed its grievance, arguing that the collective bargaining did not give arbitrators any authority to determine if a grievance had been timely filed.

The Appellate Division, in dismissing Local 371?s appeal, noted that the union failed show that the collective bargaining agreement placed any limitation on an arbitrator?s authority to determine if a grievance was timely filed at the several steps of the grievance procedure.

This ruling suggests that courts will permit arbitrators to exercise broad adjudicatory powers in all areas except where such actions are specifically prohibited by the collective bargaining agreement.

Full post as published by New York Public Personnel Law on January 24, 2008 (boomark / email).