CASE PROCESSING PROCEDURES; CHARGE – Dismissal of Charge; Appeal
Single Topic for Decision 1730E
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1100.05000 – Dismissal of Charge; Appeal
Deferral to arbitration is not appropriate in this matter. The party who asserts deferral as an affirmative defense must allege facts that evidence the three prongs required by Collyer Insulated Wire. Neither party has summarized or attached a copy of the current CBA provision alleged to have been violated and so it is impossible to determine if the grievance and charge cover the same subject.