Case: Labor Arbitration/Arbitrability (Arb.)

Arbitrator E. Frank Cornelius found that two virtually identical grievances—protesting a new Homeland Security policy on the issuance of law enforcement badges—filed nearly eight months apart must be “deemed to have been withdrawn” with prejudice and are not arbitrable because they were untimely. The first grievance was filed more than the CBA deadline of 35 days after the incident giving rise to the grievance, as it was filed about 82 days after the memorandum announcing the new policy and about 57 days from the effective date for the new policy; it must be withdrawn “with prejudice” or the time limit ...