Grievance Information Detail

GRANTED. The Union contested the State's dismissal of the grievance due to untimeliness. The Arbitrator ruled that since the state has raised the procedural issue, they were bound to provide the affirmative defense and to uphold the burden of proof. The state did not show by clear and convincing evidence that the grievance was untimely, and the Arbitrator granted the grievance, enabling it to be heard on its merits. The case was later settled for a resignation and expungment.