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 25.05, 25.02, 25.03

Attachment List

• 0231

Contract Violations

Holding

AWARD: 0231 (Revised 6/13/96) This decision concerned the arbitrability of a grievance over the grievant's termination. The grievance was filed at Step 3 and appealed to Step 4. No Step 4 response was issued by OCB, and a request for arbitration was not filed until 140 days after the Step 4 response was due. The Arbitrator held that the language of the contract required the union to file a notice of intent to arbitrate within 30 days after the Step 4 response was due to be issued. Since no such notice had been filed in this matter, the grievance is non- arbitrable. The Employer failed to issue a timely response, the Arbitrator held the grievance to be untimely and non-arbitrable. The Union did not appeal to arbitration within the 30 day period. "Automatic" in terms of advancing to the next step meant the Union did not have to wait on an untimely answer before requesting the next step.