In National Nurses Organizing Committee – Missouri & Kansas/National Nurses United v. Midwest Division – RMC LLC, 8th Cir., No. 21-2200 (2/17/22), the Union filed a grievance against the employer-hospital over the Hospital’s posting of a “staffing grid” which effectively removed certain RN’s from the bargaining unit and replaced them with supervisory employees. The Union relied upon Article 3 of the CBA stated: “It is not the intent of the Hospital to displace bargaining unit employees with supervisory employees in the performance of bargaining unit work.” Conversely, the Employer contended the grievance was not arbitrable under Article 38 of the CBA, which provided that “staffing plans…that cannot be resolved mutually by the parties shall not be subject to the grievance and arbitration procedures” in the CBA. The district court granted the Union’s motion for summary judgment and the Eighth Circuit affirmed. The court held that while Article 38 addressed nurse-to-patient staffing levels, it did not address the subject matter of this dispute, i.e., which nurses perform the work, or displacement of bargaining unit nurses. Accordingly, the court held the grievance was within the scope of the arbitration provision and was therefore arbitrable.