Grievance Information Detail

OCB Case Number

Old Grievance Number

Award Number

Grievant's Name

Arbitrator

Agency

Union

First Chair

Union Advocate

Second Chair

Arbitration Date

Decision Date

Decision

Cost

Contract Articles 25.02, 25.03, 25.10

Attachment List

• 0245

Contract Violations

Holding

AWARD: 0245 (Revised 6/13/96) This arbitrator ruled on whether a number of grievances appealed late to arbitration were arbitrable. The union claimed there were mitigating circumstances - a temporary clerical employee had erred, causing the timelines to be missed. The employer argued that the union's reasons could not overcome express contract language. The grievance was denied. The arbitrator would be outside his authority granted under Article 24.03 if he ruled in favor of union because he modified express language in the contract. Internal problems at the Union cannot serve as a basis for overriding clear contractual language. Consistent with other decisions, the grievances were held to be non-arbitrable because they were not properly filed at OCB within the time limits contained in the contract.