Must a grievant stick to the strict time limits for arbitration in the CBA to preserve their right to arbitrate?

No. Most collective bargaining agreements contain time limits to bring grievances up to and including arbitration and generally have provisions which require that all disputes governing the interpretation of the collective bargaining agreement be resolved by arbitration.

In Rondout Valleya case recently decided by the Appellate Division, Third Department, a teachers’ union sought arbitration on a series of grievances which the school district claimed were untimely. The school district, rather than submitting the matter to an arbitrator to decide timeliness, went to Supreme Court and obtained a stay of arbitration based on the Court’s determination that the arbitration requests were late.

The Third Department reversed the lower court finding, “Where a collective bargaining agreement contains a broad arbitration clause, the question of whether a party has complied with the procedural requirements of the grievance process — such as time limitations — is to be resolved by an arbitrator absent “a provision expressly making compliance with the time limitations a condition precedent to arbitration” (citations omitted).

In the Matter of the Arbitration between BOARD OF EDUCATION OF THE RONDOUT VALLEY CENTRAL SCHOOL DISTRICT, Respondent, and RONDOUT VALLEY FEDERATION OF TEACHERS, Appellant, et al., Respondent. 514914, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, 2012 N.Y. App. Div. LEXIS 8789; 2012 NY Slip Op 8862, December 20, 2012, Decided.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s