CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION – Pre-Arbitration

Single Topic for Decision 0204E

View all topics for Decision 0204E

Full Decision Text (click on the link to view): Full Text

Where there is no language in the contract which will resolve the underlying dispute, deferral to grievance machinery is inappropriate. The aggrieved conduct must be "prohibited by the provisions of the agreement" and the arbitration clause must "cover the matter at issue;" pp. 6-11. Dissent would defer on the sole basis that the Respondent's defense is contractual - "the party seeking [deferral] is making a claim which is governed by the contract;" p. 14.