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L 2 .3 :

Grievance and Arbitration
Procedures in
State and Local Agreements
U.S. Department of Labor
Bureau of Labor Statistics
1975
Bulletin 1833

Grievance and Arbitration
Procedures in
State and Local Agreements
U.S. Department of Labor
Peter J. Brennan, Secretary
Bureau of Labor Statistics
Julius Shiskin, Commissioner
1975
Bulletin 1833

☆ U.S. GOVERNMENT PRINTING OFFICE : 1975

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Make checks payable to Superintendent of Documents.
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Catalog Number L 2.3:1833

Preface
This bulletin is one of a series o f studies by the Bureau of Labor Statistics dealing
with collective bargaining and labor-management relations in the public sector. It was
carried out with funds made available by the Labor-Management Services
Administration o f the Department of Labor.
The Bureau conducted this study to provide detailed information on grievance and
arbitration procedures, two related and key provisions of public employee collective
bargaining agreements. It is a part o f the Bureau’s series of studies of agreement
provisions at the Federal, State, and local level. Studies in progress examine various
contract provisions at the State and county level and those governing police and
firefighters.
This bulletin was prepared in the Division of Industrial Relations by Richard R.
Nelson, John H. Chase and Haney R. Pearson, Jr., under the direction o f Leon E.
Lunden, Project Director.

Contents
Chapter 1. In tr o d u c tio n ...........................................................................................................................................................
Related s t u d ie s ...............................................................................................................................................................
Scope and method of the s t u d y ..................................................................................................................................
General characteristics o f the agreements studied
................................................................................................
Level of go v ern m en t..........................................................................................................................................
Regional distributibn
......................................................................................................................................
Size o f bargaining u n i t ......................................................................................................................................
Agreement term
..............................................................................................................................................
Employee organ ization ......................................................................................................................................
Occupational g r o u p s ..........................................................................................................................................
Agency function
...............................................................................................................................................

Page
1
1
1
2
2
2
2
2
2
2
3

Chapter 2. The grievance p r o c e d u r e ......................................................................................................................................
4
Prevalence o f negotiated and agency p r o c e d u r e s.....................................................................................................
4
Scope and definition of negotiated grievance procedures
....................................................................................
5
Specific inclusions
.......................................................................................................................................................
6
Specific exclusions .......................................................................................................................................................
6
Access to grievance p r o c e d u r e s ..................................................................................................................................
7
Initiation of a grievance ..............................................................................................................................................
9
Union r o l e ........................................................................................................................................................................
9
Grievance c o m m itte e s .......................................................................................................................................................11
Procedural steps
............................................................................................................................................................... 12
Chapter 3. Grievance resolution procedures
......................................................................................................................... 15
Factfinding
....................................................................................................................................................................... 15
M e d ia tio n ............................................................................................................................................................................16
Arbitration
........................................................................................................................................................................18
Scope o f a r b itr a tio n .............................................................................................................................................. 18
Referral to a r b itr a tio n .......................................................................................................................................... 19
Type of arbitration machinery
......................................................................................................................... 20
Selection o f ad hoc a r b itr a to r ............................................................................................................................. 20
Selection of permanent a rb itra to rs.....................................................................................................................21
Outside agency used in the selection p r o c e s s .................................................................................................... 23
Arbitration costs
.................................................................................................................................................. 23
Status o f arbitrator’s d e c i s i o n ............................................................................................................................. 25
lim its on authority to award back p a y .............................................................................................................25
Final level of decision other than arbitration
.............................................................................................................26
Chapter 4. Official time, time limits, and withdrawal o f g riev a n ces....................................................................................28
Official t i m e ....................................................................................................................................................................... 28
Time limits
....................................................................................................................................................................... 29
Withdrawal of the grievance
..........................................................................................................................................32
Chapter 5. Appeals from disciplinary action

33

Contents—Continued
Tables:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.

Page
State and local agreements by region and level of government, 1972-73 ................................................... 35
State and local agreements by size o f bargaining unit and level of government,1972-73 ....................... 35
Duration o f State and local agreements by level of government, 1972—
73
35
Occupational coverage o f State and local agreements in grievance and arbitration
study by employee organization, 1972-73
36
State and local agreements by agency function and level of government, 1972-73
36
Negotiated and agency grievance procedures in State and local agreements by level
of government, 1972-73 .............................................................................................................................. 37
Scope of grievance procedure in State and local agreements by level of government,
1972-73
37
Specific inclusions and exclusions o f grievance procedures in State and local
agreements by level of government, 1972-73
38
Employee organization role in grievance procedures by level of government and
employee organization in State and local agreements, 1972-73 ........................................................... 39
Selected grievance resolution procedures in State and local agreements by level of
government, 1972-73
40
Arbitration referral procedures in State and local agreements by level of government,
1972-73
40
Type o f arbitration machinery in State and local agreements by level of government,
1972-73
41
Method o f selecting arbitrators in State and local agreements by level of government,
1972-73
42
Status o f arbitrator’s decision in State and local agreements by level of government,
1972-73
43
Level o f decision when other than arbitration in State and local agreement grievance
procedures by level of government, 1972-73
...................................................................
. . 43
Personnel eligible for official time allowances in State and local agreements,
1972-73
44
Time limits in grievance and arbitration procedures in State and local agreements by
level o f government, 1972-73 ..................................................................................................................... 44
Effect of management non-observance of time limits in State and local agreements by
level o f government, 1972-73 ..................................................................................................................... 45

Appendixes:
A. Identification o f clauses
..................................................................................................................................... 46
B. Complete grievance and arbitration provisions
................................................................................................ 55
C. Grievance form
...................................................................................................................................................... 58

Chapter 1
Grievance and arbitration procedures are generally
accepted as peaceful alternatives to work stoppages in
the settlement of disputes which may arise in applying
and interpreting the collective bargaining agreement.
Their systematic approach to employee complaints and
their ability to carry appeals to successively higher levels,
have avoided the bitterness, the frustrations, and the
conflicts that otherwise would arise in their absence.
There is less likelihood, as a result, of a strike with its
accompanying lost income, halting of employer
operations, and strained relations which too often are
not repaired quickly.
In State and local government jurisdictions,
negotiated grievance and arbitration procedures assume
additional significance. Civil service complaint and
appeal systems—
an alternative—
may be perceived by
employees as management controlled; strikes, harsh
alternative that they are, may be limited by a public
opinion which opposes any interruption of government
services. More importantly, they are likely to be pro­
hibited by law, carrying heavy penalties on individual
employees and their collective bargaining representa­
tives. Thus it is not surprising that grievance and
arbitration procedures are among the first provisions
negotiated into contracts following recognition of the
employee organization.

Related studies

The Bureau has published a number o f other studies
dealing in whole or in part with grievance and arbitration
procedures. Among public employee studies, “Negotia­
tion Impasse, Grievance and Arbitration in Federal
Agreements” (BLS Bulletin 1661) was published in
1970. For the private sector, “Major Collective Bargain­
ing Agreements: Grievance Procedures” (BLS Bulletin
1425-1) was issued in 1964 and “Major Collective
Bargaining Agreements: Arbitration Procedures” (BLS
Bulletin 1425-6) in 1966. These examined negotiated
dispute settlement procedures in detail, and in a sense,
the present study is a companion piece, extending the
analysis to State and local agreements. Other public

Introduction
sector agreement studies are more general in scope and
provide overall statistics and a few clauses illustrating
public sector grievance and arbitration procedures, but
none give the analysis in depth o f the three bulletins just
cited.
Scope and method of the study

For this study, the Bureau examined all 655 State
and local collective bargaining agreements and related
documents covering 50 or more employees in its file.
Most of the agreements and documents were due to
expire in 1973 or during the last quarter of 1972. The
tabular material reflects these data. However, for the
purposes of illustration, many of the clauses used in this
bulletin as illustrations have been updated. The expira­
tion dates o f the contracts from which they have been
culled are 1974 and later.
The Bureau’s 655 agreements covered 870,685
workers employed by various State, county, and munici­
pal jurisdictions as well as school and other special
districts and authorities. Agreements from 45 States and
the District of Columbia are represented.
In addition to collective bargaining agreements similar
to those found in private industry, other documents
such as memoranda of understanding or ordinances
which clearly indicate that they were the result of
bilateral negotiations are also included in the study. This
approach understates the effect of unions and associa­
tions in the negotiating process. For example, informal
efforts to modify labor relations policies often result in
city ordinances being passed or executive orders being
issued which do not record employee organization
involvement. Such ordinances and executive orders are
not considered to be within the scope of the study.
The data presented reflect the Bureau’s understanding
of the written provisions and not necessarily that of the
parties. Agreement language is elusive and complicated,
and often requires interpretation through the arbitration
process. What is carried out in practice, furthermore,
may differ from contract language. Under these circum­
stances, the Bureau can only analyze the specific
language appearing in contracts, and hope that it closely
reflects the rules under which the parties operate.

General characteristics of the agreements studied

Level o f government. The largest group of agreements in
the study, almost two-fifths, were negotiated with
municipal governments and include nearly one-third of
total worker coverage. (See table 1.) Special districts,
primarily school districts, account for over one-quarter
of the agreements and the same proportion of workers.
The remaining contracts were negotiated at either the
county or State level. Of these, State contracts are few
in number, but contain the second largest worker
coverage.
Regional distribution. Following the pattern o f earlier
Bureau State and local studies, the majority of agree­
ments are from the Middle Atlantic, East North Central,
and Pacific regions. (See table 1.) Together these regions
include 70 percent of the agreements and nearly 85
percent o f the total worker coverage. The East North
Central region, an area traditionally strong in both
public and private sector unionism, produced the most
agreements, but the Middle Atlantic States, with several
large New York City and State agreements, alone
accounted for over half of the total worker coverage.
Again as in previous Bureau studies, the East and West
South Central regions proved to be areas of little
collective bargaining activity.
Size o f bargaining unit. Most of the bargaining units are
relatively small, with the median contract covering only
267 employees. Nearly four-fifths of the agreements
covered fewer than 1,000 employees and over two-thirds
covered less than 500. (See table 2.) State governments,
where contracts are often jurisdiction-wide, reported the
highest proportion o f large agreements, followed by
special districts, including a number of major teacher
and transit authority contracts. The largest single agree­
ment was for New York City, and covered 120,000
employees.
Agreement term. Similar to the findings in earlier Bureau
studies, the agreements studied are generally of shorter
duration than those negotiated in the private sector,
where most are in effect for 3 years or longer. Nearly
three-quarters of the public contracts were negotiated
for terms o f 2 years or less, although over one-third of
the workers were covered by contracts lasting 3 years or
more. (See table 3.) More than one-quarter o f the
agreements have durations o f odd lengths. This often
results from extended bargaining, which moves the
effective date of the new contract into a fiscal or
calendar year which has already begun.

Employee organization. The American Federation of
State, County and Municipal Employees (AFSCME)
(AFL-CIO) has more agreements than any other em­
ployee organization in the study; it also represents the
largest number of employees. It is 1 of 4 employee
organizations which acts as bargaining agent for em­
ployees under at least 40 of the agreements:
Unions and associations

Agreements

All unions and associations ........ 655
State, County and Municipal
Employees (AFSCME) (AFL-CIO) ____ 211
Fire Fighters (IAFF) (A FL-C IO )......... ........ 59
National Education Association
(NEA) (Ind.) ................................... ........ 54
Service Employees (SEIU)
(A F L -C IO )................................................ 47

Workers
870,685
358,008
18,325
81,601
31,070

These three unions and one association have more
than 56 percent of all agreements and the same
percentage o f all employees.
Unions affiliated with the AFL-CIO have 62 percent
of both the contracts studied and the workers repre­
sented by them. (See table 4.) More than one-half of
these were negotiated by the American Federation of
State, County and Municipal Employees. Associations
negotiated 35 percent of the agreements and represent
37 percent o f the employees covered.
Occupational groups. Occupational coverage falls into
three general categories: Agreements representing a
single occupation; those involving combinations o f two
or more occupations; and general coverage agreements,
which are negotiated with all or nearly all classes of
employees within a given government or agency jurisdic­
tion. (See table 4.) More than two-thirds of the
agreements, covering nearly one-half of the workers,
were negotiated with single occupational groups. Those
with general coverage include several large contracts, and
account for almost a quarter of the agreements, repre­
senting 44 percent of total employment.
The largest number of single occupation contracts
involve blue-collar workers, mostly organized by AFLCIO unions. There are fewer agreements covering pro­
fessional and technical employees, but these contracts
cover the largest number of employees, most frequently
represented by associations, and found most often in
school districts. Police and firefighter agreements are
evenly split between associations and AFL-CIO unions,
with virtually all firefighters being organized by the
International Association of Fire Fighters (AFL-CIO),
and most law, enforcement employees belonging to
associations. Contracts with general coverage primarily
involve municipal workers represented by AFL-CIO
affiliates.

Agency function. The agreements studied are spread
through a wide number of State and local agencies. (See
table 5.) Most often they cover employees o f boards of
education, but in terms o f the number of employees
multiple agency agreements predominate, covering two-

fifths of all the workers in the study. Other agencies
with a significant worker coverage include law enforce­
ment and correctional institutions, social welfare, fire
protection, health and medical services, public works,
and public transportation.

Chapter 2.

The Grievance Procedure

Prevalence o f negotiated and agency procedures. Pro­
visions for the processing o f employee, and in some
cases, union or employer grievances are found in 9 out
of 10 agreements. (See table 6.) While this frequency is
below the almost universal prevalence of such provisions
found in private sector agreements,1 it is measurably
above the 82 percent rate found in Federal agreements.2

Seemingly unilateral grievance regulations, or modifi­
cations of them, however, may have resulted, in fact,
from collective bargaining. In some instances, for exam­
ple, amendments to grievance regulations are incor­
porated into contracts:
(4)

The procedure with respect to the adjustment
of grievances shall be that set forth in the
Grievance Procedure of the County of Tioga
adopted by the Board of Supervisors by Resolu­
tion No. 102-63, September 16, 1963, except that
there shall be added thereto the following addi­
tional provision:
Within 20 days from the filing of the decision
of the Grievance Committee, either the County or
the CSEA may file notice with the Clerk of the
County Legislature that it requires submission of
the issue or issues so decided to an arbitration
board. In such event, within 2 weeks thereafter,
the Chairman of the Grievance Committee and the
President of CSEA shall each designate an arbitra­
tor, who shall be a resident of the County, but
neither an official or employee of the County, nor
an official or member of CSEA. As expeditiously
as possible thereafter, the two arbitrators thus
selected shall select a third arbitrator, who likewise
shall not be an official or employee of the County,
nor an official or member of the CSEA, but need
not be a resident of the County, and the third
arbitrator thus selected shall become Chairman of
the arbitration board.
The arbitration board shall then give notice to
both parties of the time and place where a hearing
on the matter or matters in dispute will be
conducted. Such hearing and any adjourned hear­
ings shall be held during normal working hours,
Monday through Friday, unless the parties other­
wise consent. The employee asserting a grievance,
his representative, and any witnesses called to
testify, shall be excused from duty as required to
participate in the arbitration hearings, without loss
of salary, wage or vacation, sick leave or personal
leave allowance.
The arbitration board shall render its decision
within twenty days after the conclusion of the
hearing or hearings and file the same with the
Clerk of the County Legislature and transmit
copies to the Chairman of the Grievance Commit­
tee and the President of CSEA. Such decision shall
be final and binding on all parties.

(5)

The City agrees to amend Rule XIV of the
Personnel Rules and Regulations to allow advisory

Although the majority o f agreements appear to be the
result of bilateral negotiations, a few contain contract
language referring instead to specific laws or regulations
governing grievances. While the inclusion in the agree­
ment of these latter provisions may indicate that the
employee organization involved has accepted them, they
are considered, in this study to be agency rather than
negotiated procedures:
(1)

Procedures governing grievances by employees
shall be in accordance with Section 11:13 of the
Municipal Code of the City of Plainfield and
amendments thereto.

(2 ) '

All disputes relating to the interpretation or
application of any of the provisions of this
contract which may arise between the parties
hereto, shall be governed and controlled by, and in
accordance with, the grievance procedures set
forth in Mayoral Executive Order No. 52, dated
September 29, 1967, Section 8, Grievance Pro­
cedures: Sub-sections a, c, d, and e, or any
amendment thereto.

Several agreements included more information on the
applicable regulations by providing greater detail or by
attaching the regulation to the agreement as an appen­
dix:
(3)

The grievance procedure shall be that estab­
lished by the St. Louis County Civil Service
Commission, a copy of which, entitled “Grievance
Procedure Manual” , is attached hereto and marked
Exhibit A.

‘ A 1973 BLS study o f 1,300 private sector agreements
covering 1,000 workers or more found that all but 17 contained
grievance procedures. See “Characteristics of Agreements
Covering 1,000 Workers or More, Jul. 1 ,1 9 7 2 ” (BLS Bull. 1784)
1973, table 67, p. 65.
2 “Collective Bargaining Agreements in the Federal Service,
late 1971” (BLS Bull. 1789) 1973, table 29, page 71.

arbitration to be invoked by either party to a
grievance if they so desire. The City shall consult
with each employee organization prior to the
adoption of the proposed amendment by the City
Council.
In several agreements, employees are allowed the
option o f processing grievances through either the
negotiated or the agency procedure. The choice, once
made, is final in almost all cases. The employee may be
required to submit a waiver o f rights so as to formalize
his choice:
(6)

(7)

A Civil Service employe, may process his
grievance through either the Civil Service appeal
procedure or the contract grievance procedure. If
an appeal is filed under the Civil Service appeal
procedure, then the contract grievance procedure
shall cease and shall not be permitted to be
reinstituted. If an appeal is filed under the Civil
Service appeal procedure, the employe shall not be
entitled to institute proceedings under the con­
tract grievance procedure, all rights to so do being
waived by the exercise of an option by the
employe to utilize the Civil Service procedure.
In no case shall the employee be permitted to
appeal any grievance through both the Civil
Service Board and the grievance and arbitration
procedure. . . .
. . . If the election is for the grievance and
arbitration procedure it shall include a written
waiver of his right of appeal to Civil Service and to
the courts.........

Some agreements allow exceptions to the waiver
requirement for certain types of disputes such as
disciplinary actions:
(8)

Notwithstanding State Personnel Board Merit
System Rules 356.28.010 through 356.28.500
involving appeal rights of state employees, this
grievance procedure provided below shall be avail­
able to all employees covered by this agreement
provided that grievances involving dismissals, sus­
pensions, demotions, or abandonment shall be
submitted to the level of command having authori­
ty-to act.
Use of the grievance procedure in disciplinary
actions, shall not void the responsibility or right of
those employees covered by the Merit System
Rules to appeal to the State Personnel Board in a
timely manner.

Where workers are represented by more than one
union, each with its own agreement and grievance
procedure, the employee may select from among the
negotiated procedures:
(9)

It is understood that, so long as employees of
the employer are able to become members of
several employee organizations, they may bring a
grievance under any one of the grievance proce­
dures provided in the labor agreements between

the employer and the organizations to which they
belong. However, it is agreed between the parties
hereto that, once a member of the union has
elected as his grievance remedy the grievance
procedure provided herein, such election shall be
final, and said member will pursue his grievance to
its conclusion, thereafter, pursuant to this Griev­
ance Procedure and* the Arbitration Procedure of
Article VIII only.
A small number of agreements without a grievance
procedure, allow for their negotiation at a later date:
(10)

Grievance Procedure. City agrees to meet and
consult with Association on a grievance procedure.
If, as a result of such consultation, City and
Association agree on a procedure, City and Asso­
ciation agree to sign said procedure.

The existence o f a grievance procedure is often given
as justification for including a no-strike provision:
(11)

Since adequate grievance procedures are pro­
vided in this agreement, the UNO agrees that it
will not engage in, encourage, sanction or suggest
strikes, slowdowns, mass resignations or mass
absenteeism, or other similar action which would
involve suspension of work that may disturb or
interfere with the orderly operation of the Medical
Center.

Scope and definition o f negotiated grievance procedures.
Grievance procedures in State and local agreements
begin, most often, with a preamble stating the purpose
of the procedure, followed by a definition of what
constitutes a grievance or what kind of complaints can
be processed under the procedure. (See table 7.) The
statement of purpose is fairly uniform throughout the
agreements and refers to the desirability of settling the
dispute with the least possible disruption o f the work­
place:
(12)

The purpose of the grievance procedure shall be
to settle all grievances between the City and the
Union and employees as quickly as possible, so as
to insure efficiency and promote employees’
morale . . .

(13)

The purpose of the grievance procedure shall be
to settle employee grievances on as low an
administrative level as possible, so as to insure
efficiency and maintain morale within the Fire
Department . . .

In general usage, any complaint of an employee
relating to his job, pay, working conditions, or treat­
ment, may be considered a grievance. All such com­
plaints, however, are not always included within the
scope of a negotiated grievance procedure. Definitions of
the scope o f the procedure are included in over 90
percent of the grievance provisions studied. More than
four-fifths o f the agreements, representing 91 percent of

the workers covered, limit use o f the formal procedure
to those issues involving the interpretation or application
o f the agreement:
(14)

(15)

The parties agree that the prompt and just
settlement of grievances is of mutual interest and
concern. Only matters involving the interpretation,
application or enforcement of the terms of this
agreement shall constitute a grievance under the
provisions as set forth below.

under this contract and will be subject to the
grievance procedure hereinafter provided.
In a few cases, a lengthy list of the items subject to
the procedure is provided:
(21) Matters

Full-time employees having probationary and per­
manent status may process a personal grievance on
one, or more than one, of the following grounds:

A grievance is defined as, and limited to, an
alleged violation of a specific provision of this
agreement.

1. Improper application of rules, regula­
tions and procedures.
2.
Unfair treatment, including coercion,
restraint or reprisal.
3.
Reduction in force action - lay-offs.
4.
Promotion procedures implemented un­
fairly.
5.
Classification of position.
6.
Nonselection for training opportuni­
ties.
7.
Discrimination because of race, reli­
gion, color, creed or national origin.
8.
Any matter personally affecting an
employee’s working schedule, sick leave,
fringe benefits, retirement, holidays, per­
formance rating, vacation, change in classifi­
cation or salary.

The remaining 19 percent o f the agreements are more
general in nature, indicating that any and all disputes
could be processed under the procedure:
(16)

Any difference or misunderstanding which may
arise between the employer and an employee or
the employer and the union shall be handled as
follows: . . .

Nearly one half of the procedures specify that their
scope covers the interpretation or application of the
agreements, but could include other disputes as well:
(17)

(18)

Any grievances or dispute which may arise
between the parties, including the application,
meaning or interpretation of this agreement, shall
be settled in the following manner: . . ,
A grievance is defined as a contention of
misapplication, violation, or inequitable applica­
tion of State Civil Service Law, State Personnel
Board Merit System rules, Compensation Plan,
Personnel Board Policies, articles of this agree­
ment, and those Highway Department policies and
operating procedures pertaining to personnel.

Specific inclusions. Nearly one-fifth of the provisions
containing a definition of the scope, list specific issues
that would be included. (See table 8.) The subjects cited
generally are presented as part of the definition with the
implied understanding that subjects not mentioned
would not be grievable. Most frequently included are
wages, hours, working conditions, and disciplinary
actions:
(19)

Should any difference arise between the em­
ployer and the union as to the meaning and
application of this agreement, or as to any
question relating to wages, hours and working
conditions, failure to negotiate in good faith, they
shall be settled under the provisions of this article.

(20)

A claim by an employee, groups of employees,
or the union that there has been a violation,
misinterpretation or misapplication of any pro­
vision of this agreement or any protest against
disciplinary action, shall be deemed a grievance

subject to grievance procedure:

Probationary employees may file grievance under
all of the above, but not as applied to their
performance rating or dismissal.
References to grievable matters could also be in­
cluded in other articles of the agreement; for instance,
the safety clause could contain a specific authorization
to grieve:
(22)

Should an employee complain that his work
requires him to be in unsafe or unhealthy situa­
tions, in violation of acceptable safety rules, the
matter shall be presented immediately to the
Board (or department head— the event that the
in
employee’s Appointing Authority is not a Board
or Commission) having jurisdiction. If the matter
is not adjusted satisfactorily, it may be processed
according to the grievance procedure.

Specific exclusions. Particular disputes are specifically
excluded in only 8 percent of the agreements with
grievance procedures. As with the inclusions just dis­
cussed, these are generally found as part o f the grievance
definition. However, it is not uncommon to find them
referred to in the section o f the contract to which the
exclusion applied. Disciplinary action is the only signifi­
cantly frequent exclusion, probably because disciplinary
action often is the subject of a special expedited
procedure or a special agency procedure.3 Its exclusion
3 See pp. 33 below for a discussion of special procedures in
disciplinary cases.

could appear either alone or in combination with other
exclusions:
(23)

(24)

All differences, disputes and grievances, other
than discipline and discharge cases, hereinafter
provided for, between the parties arising out of or
by virtue of the within collective labor agreement
shall be disposed of in the following manner: . ..
The purpose of this article is to define proce­
dures whereby an individual employee may seek
adjustment of a personal complaint or grievance
arising out of individual working conditions or job
relations. These procedures do not apply to
grievances resulting from the following actions:
a. Classification
b.
Discrimination
c.
Reduction-in-Force
d.
Demotion
e.
Nonselection for promotion from a list
of qualified eligibles

matters the decision of the arbitrator shall not be
final and binding upon the parties but shall be
advisory only.
Management, as well, might be allowed to process
disputes through the grievance procedure. Such com­
plaints could be filed against an employee, group of
employees, or the employee organization. Separate
procedures are often stipulated, since the regular system
calls for taking the grievance through ascending levels of
management:
(30)

1.

matters concerning the interpretation
or application of the particular clauses
of this agreement;
2.
abuse of collective bargaining process
and understanding about the contract.
Such grievance must be presented in writing by the
City Manager, or his designate, to the President of
Local #900. The President of Local #900 shall
investigate and respond within 5 days.

Many agreements further limit the scope by pro­
hibiting any resolution of a dispute that would make
changes in existing policy, rules, or contract provisions:
(25)

The grievance and arbitration procedure shall
not be used to change any provisions of this
agreement, any provisions of the personnel code,
municipal ordinances, or filed for the purpose of
getting an established policy, standard, or proce­
dure changed.

Grievances may also be filed by management
with Local 900, including but not limited to any
of the following reasons:

(31)

Should the City feel aggrieved concerning the
conduct of any employee or group of employees
or the union, which conduct is controlled by this
contract, adjustment shall be sought as follows:
(A)

Access to grievance procedures. Grievance provisions, as
a rule, establish procedures setting forth the initiation
and processing of such actions. While most agreements
do not limit the use o f the procedure to any person,
group, or organization, a number exclude probationary
or temporary employees:
(26)

(27)

The grievance procedure is available to all
nurses in the unit with the exception of cases
involving nurses who are discharged during the
probationary period.

(B)

It is agreed by and between the parties that any
employee covered by this agreement working in a
probationary status may be discharged at the sole
discretion of the County and shall not have the
right to such relief pursuant to the grievance
procedure contained herein.

On the other hand, some agreements specifically
include probationary or temporary employees, although
they are not always afforded full protection:
(28)

(29)

An individual working on a temporary appoint­
ment (under the provisions of chapter 3 1 of the
General Laws) may process a grievance under the
terms of this agreement.
The above procedure shall apply to temporary
employees who have been continuously employed
by the employer in the same position for six (6)
months or more. Provided, however, that in these

(C)

The City, acting through the Mayor or his
designated re presen tative(s), shall submit
such grievance in writing to the president of
the union setting forth the nature of the
grievance. Within 5 working days after re­
ceipt of such grievance, said president and
representatives of the union shall arrange to
and shall meet with representatives of the
City for the purpose of adjusting or resolving
such grievance . . .
If such grievance is not resolved to the
satisfaction of the City within 7 days after
such meeting, the City, acting through the
Mayor or his designated representative (s),
may submit such grievance in writing, within
7 days thereafter, to the executive board of
the union by means of a letter addressed to
the secretary of the union. Within 7 days
after said secretary receives such letter, said
executive board shall, if necessary, make
their recommendation to the membership of
the union, and said membership shall, at its
next regular meeting or at a special meeting
called for such purpose, take such action as
is deemed necessary to dispose of the griev­
ance.
If such grievance is not resolved to the
satisfaction of the City by the union within
35 days after said Secretary receives such
letter, the City, acting through the Mayor or
his designated representative (s) may within
10 days thereafter, submit the dispute to
arbitration by the Connecticut State Board

(D)
(32)

of Mediation and Arbitration. Said Board
shall hear and act on such dispute in
accordance with its rules and render a
decision which shall be final and binding on
all parties.
The time limits provided for herein may be
extended by the agreement of the parties.

The foregoing grievance procedure shall not
preclude the right of the Springfield School
Committee or the Superintendent to institute a
grievance against any employee in the bargaining
unit or the Association at the Step 3 level. In such
event, at least 5 working days’ notice in writing
shall be given to the Association of the subject
matter of the grievance to be taken up at a
meeting.
If the matter is not settled to the satisfaction of
the School Committee, the following procedure
may be followed by the Springfield School Com­
mittee:
If at the end of the 30 calendar days next
following presentation at the Step 3 level, the
grievance shall not have been resolved to the
satisfaction of the School Committee, and if the
grievance shall involve the interpretation or appli­
cation of any provision of this contract, the
School Committee may, if it feels that the
grievance is justified under the terms of the
contract, by giving written notice to the Associa­
tion within the 20 working days next following
conclusion of such period of 30 calendar days,
present the grievance for arbitration; in which
event the Association and the School Committee
shall forthwith submit the grievance to the Board
of Conciliation and Arbitration for the Common­
wealth of Massachusetts, hereinafter called the
Board, for disposition. The Board shall hold
hearings promptly and, unless extended by mutual
agreement, shall issue a decision not later than 30
calendar days from the date of the closing of the
hearings. The Board’s decision shall be in writing
and shall set forth the findings of fact, reasoning
and conclusions on the issues submitted......... The
decision of the Board shall be submitted to the
School Committee and to the Association and
shall. . . be binding upon the School Committee,
the Association and the aggrieved employee.

Should a number of employees find that they have a
common grievance, the time and expense of processing
each grievance separately could be avoided by processing
them as a group grievance or as a representative case:
(33)

In the event that employees have a group
grievance, it shall be sufficient if one employee or
their steward or chief steward submits the griev­
ance on behalf of all named and similarly affected
employees. A group grievance shall be only one in
which the fact questions and the provisions of the
agreement alleged to be violated are the same as
they relate to each and every employee in the
group.

(34)

Where one or more grievances involve a similar
issue, those grievances may be withdrawn without
prejudice pending the disposition of the appeal of
a representative case.

If one of the employees subject to the same
circumstances as other grieving employees, chose not to
grieve the issue, the union, in one instance, could do so
in his name without his approval:
(35)

If, in the judgment of the Representative
Council, or its designee, a grievance affects a group
or class of teachers, the Council, or its designee,
may process such a grievance as though it were an
individual grievance. In such a case, the Associa­
tion may process a grievance for all persons
concerned, even though an individually aggrieved
person may not wish to do so.

Informal attempts by employees to resolve their
problems are effectively ruled out in certain provisions.
These state that the grievance procedure is to be the
only method by which disputes are to be brought to the
attention of management:
(36)

For the purpose of the parties of this agree­
ment, a grievance shall be considered a dispute
between the parties concerning wages, hours, and
conditions of employment. The union and the
City agree that the City and chief of police will
not recognize a grievance or matter of personal
working conditions presented by an employee not
in accordance with the procedures hereby estab­
lished. The union agrees that no union member
shall bring any matter personally to the chief of
police, management, or the City Council, but shall
follow the procedure outlined below.

Ordinarily, grievances occurring prior to the effective
date of the agreement are specifically barred from the
procedure:
(37)

Any incident which occurred or failed to occur
prior to the effective date of this agreement shall
not be the subject of any grievance hereunder.

Employees having grievances which occur between
the expiration of one agreement and the effective date
of the next could thus find themselves without the
protection o f a grievance procedure:
(30)

The grievance procedures of this agreement
shall not be applicable to grievances arising in the
period between the termination of this agreement
and the effective date of its successor.

If the grievance, however, occurs during the life of
the contract, but is not settled before the agreement
terminates, contract provisions commonly allow regular
processing to continue:
(38)

Any grievance filed during the life of this
agreement shall be processed through the steps of

this procedure regardless of whether such time
required may go beyond the expiration date of
this document.
(39)

If a grievance based upon an event occurring
during the term of this agreement remains unre­
solved at the expiration hereof and is then
submitted to arbitration, the substantive pro­
visions of this agreement shall be controlling upon
the arbitrator.

Initiation o f a grievance. If an employee has a grievance,
his first step, in almost every procedure, is to take the
problem to his immediate supervisor for an informal
discussion. In about 2 out of 3 cases, the employee is
required to make this initial complaint within a given
period from the occurrence o f the action leading to the
grievance or from the time the employee became aware
of the problem:
(40)

Any grievance arising in a department shall be
presented orally to the department head by the
employee involved with or without his area repre­
sentative, as the employee desires. In this step, the
grievance shall be fully and thoroughly discussed
by the parties, who agree to make every effort to
settle the grievance in this step.

(41)

B.
C.

(44)

(42)

A grievance may be presented either orally or
in writing at this step of the grievance procedure.
If the grievance is presented orally to the super­
visor and is not satisfactorily settled, it must be
reduced to writing . . .

In reducing a grievance to writing, the follow­
ing information must be stated with reasonable
clearness: The exact nature of the grievance, the
act or acts of commission or omission, the exact
date of the act or acts of commission or omission,
the identity of the party or parties who claim to
be aggrieved, the identity of the party or parties
alleged to have caused the grievance, the specific
provisions of this agreement that are alleged to
have been violated, and the remedy which is
sought.

Some agreements specify who is to receive copies of
the written forms:
(45)

The aggrieved employee shall take up the
grievance with his immediate supervisor within 5
days of its occurrence. The supervisor shall at­
tempt to adjust the matter at that time . . . .

Settlement at this point would, of course, be desir­
able for both management and the employee involved.
However should the answer at this informal stage be
considered unsatisfactory, the employee could then file
a formal grievance by stating his complaint in writing:

The remedy or correction the Electric Utili­
ty is requested to make, and
The section or sections of this agreement, if
any relied upon or claimed to have been
violated.

An employee having a grievance shall state his
grievance in writing on the grievance form mutual­
ly adopted for such use by the parties to this
agreement. The grievance shall be prepared in
quintuplicate, and all copies shall be signed, by the
aggrieved employee. A copy shall be sent to the
Assistant Superintendent for business, a copy to
the Assistant Superintendent of Personnel, a copy
to the School Lunch Supervisor, a copy to the
chairman of the Association’s Grievance Commit­
tee and the aggrieved employee shall keep one
copy.

A few agreements call for the joint preparation of
forms.
(46)

Forms for filing grievances, serving notices,
taking appeals, making reports and recommenda­
tions, and other necessary documents shall be
prepared jointly by the County and the union and
given appropriate distribution so as to facilitate
the operation of the grievance procedure.

Formal grievances as a rule, are submitted on a
standardized form. Agreement provisions may include
copies of such forms (see appendix C), paraphrase them,
or outline the information to be included where a form
is not used:

Union role. Many grievance clauses specify a continuing
role for the employee organization in the day-to-day
operation of the procedure, either in initiating or
processing complaints. Close to one-fourth of the agree­
ments having grievance procedures, covering almost
two-fifths of the employees, specifically permit the
employee organization itself to file grievances. (See table

(43)

9.)

Step I Any employee or group of employees
having a grievance shall notify their steward. The
steward shall discuss the grievance with the fore­
man and then prepare and present to the desig­
nated Electric Utility superintendent in the plant,
shop or work location involved a written “Notice
of Grievance” with copies to the Electric Utility
manager and the union’s business agent, setting
forth so far as may be applicable.
A.

The nature of the grievance and the circum­
stances out of which it arose.

(47)

The City recognizes that the union reserves the
right to grieve, in accordance with the procedure
hereinafter provided, when action taken by the
city may be claimed, reasonably and sensibly, to
be contrary to a specific limitation, set forth in
this agreement, of the rights of the city.

Union initiation often involves a specific problem or
situation. The procedure, for example, can be used, by
the employee organization to object to any special

arrangement made between the employer and an em­
ployee which it feels runs counter to the terms of the
agreement. It can grieve when an issue involves a class of
employees rather than an individual. The procedure also
can be used over disputes arising from the classification
o f new jobs. Resolution of the dispute can be expedited
by starting action at one o f the later steps of the
procedure:
(48)

If there is a breach of any provision of this
agreement affecting a group of employees, or if
the breach of any provision of this agreement is
the result of an agreement reached between the
employer and an employee without the approval
of the union involved, the union shall have the
right to take up such breach with or without the
consent of the employees or employee involved.

(49)

When a new job is placed in a unit and cannot
be properly placed in an existing classification, the
employer will establish a classification and rate
structure to apply. In the event the union does not
agree that the description and rate are proper, the
union shall have the right to submit the matter
into the grievance procedure at the second step.

More importantly, the union represents members
processing their individual grievances through the multistep procedure. Representation is specifically included in
more than 65 percent o f the agreements with grievance
procedures. (See table 9.) The union’s function consists
of two closely related responsibilities: First, serving as
the grievant’s agent and second, presenting the views of
the union at grievance meetings.
Of the agreements giving unions these functions,
more than 30 percent guarantee the union a responsible
role in the processing o f grievances. The largest number
were negotiated at the municipal level and most fre­
quently involved AFL-CIO affiliates. (See table 9.) The
union, in these instances, assumes almost total responsi­
bility, and in most cases, presents the grievance at all
steps o f the procedure:
(50)

(51)

Any employee who is a member of the Ameri­
can Federation of State, County, Municipal Em­
ployees, AFL-CIO, who feels his rights have been
violated shall report the fact in writing within 3
working days to a steward. The steward, with or
without the employee present, shall take up the
grievance with the employee’s supervisor within 2
working days. The supervisor shall attempt to
adjust the matter and respond in writing to the
union within 3 working days. . . .
All disputes or grievances which arise as to the
interpretation of or adherence to the provisions of
this memorandum shall be presented through the
following steps within 60 days of the alleged act or
incident:

1. The union grievance committee, within 5
days after receiving a grievance will make
every effort to adjust the grievance with the
appropriate employee’s supervisor. Such
grievance must be written and signed by the
employee. . .
In a few provisions, the union enters the dispute at a
later step in the procedure. At the lower steps, the
employee may process the grievance on his own:
(52)

Step 4 — If the Administrative Head’s answer
is not satisfactory, the grievance will be referred to
the local president or chief steward who may
submit his appeal on an agenda to the employer’s
designated representative. A meeting between
three representatives of the local union and the
representatives designated by the employer will be
arranged to discuss the grievance or grievances
appearing on the agenda within 7 working days
from the date the agenda is received by the
employer, or his designated representative.

A number o f other agreements provide the employee
organization with a lesser role. More than one-third of
the agreements setting forth the union’s role permit the
union either to express its views, attend grievance
meetings, or both. In some instances, it is necessary for
the employee organization to have permission from the
grievant:
(53)

The employee may represent himself or desig­
nate a representative. In any case, the official
representative of the Association shall be notified
and may be present at all discussions of the
grievance matter without intervention by the
Association representative. . . .

(54)

Any party in interest may be represented at all
stages of the grievance procedure by himself, or, at
his option, by a representative selected or ap­
proved by the FMBA, or by counsel of his choice.
When a fireman is not represented by the FMBA,
the FMBA shall have the right to be present and to
state its views at all stages of the grievance
procedure. If a fireman is not a member of the
FMBA, consent must be granted by said fireman in
order for a FMBA representative to be present.

The union’s right to be present is specifically men­
tioned in some provisions which allow the employee to
represent himself:
(8)

The union as exclusive representative of De­
partment employees is considered as the prime
representative of said employees in grievance
matters. However, an employee may represent
himself or select a representative.
The union shall be considered an interested
party to the proceedings in the event it is not
requested to represent the employee.

(34)

. . . any individual employee, at any time, may
present grievances to the Chief of Police and have

the grievance adjusted without intervention of the
bargaining representative, if the adjustment is not
inconsistent with the terms of a collective bargain­
ing contract or agreement then in effect; and
provided that the bargaining representative has
been given opportunity to be present at such
adjustment.

thus reserving to the union any decision to proceed
further:
(58)

Fees and expenses of the arbitrator shall be
borne equally by both parties. No individual
employee himself may invoke this Step 4.

(59)

If the grievant is not satisfied with the disposi­
tion of his grievance at Step 3, he may, within five
working days after the decision is due, request in
writing that the union submit his grievance to
advisory arbitration. If the union deems the
grievance meritorious, it may demand advisory
arbitration within 10 working days after receipt of
the grievant’s request. If the union is not satisfied
with the disposition of the grievance at Step 3, it
may, in its own right, demand advisory arbitration
within 5 working days after the decision is due at
Step 3.

In other agreements, the role of the union is limited
to receiving notification that a grievance had been filed.
Such notification alerts the union so that it can assert a
more active part if it is deemed necessary to do so:
(6)

The Employer agrees to notify the Association
whenever it receives a grievance from any employe
and to furnish the Association with a copy of each
written decision.

Agreements generally acknowledge that the union
can decline to process an employee’s grievance if it
determines that the grievance has no merit or has been
resolved to its satisfaction:
(55)

At any step in this grievance procedure, the
Executive Board of the local union shall have the
final authority in respect to any aggrieved em­
ployee covered by this agreement to decline to
process further a grievance, complaint, difficulty
or dispute if, in the judgment of the Executive
Board, such grievance or dispute lacks merit or
lacks justification under the terms of this agree­
ment, or has been adjusted or rectified under the
terms of this agreement to the satisfaction of the
union executive board.

(56)

No provision in this agreement shall be inter­
preted to require the union to represent an
employee in any stage of the grievance procedure
if the union considers the grievance to be without
merit or in contradiction of any law or regulation.

While nearly 80 percent of the agreements having a
grievance procedure allow an employee to process his
own grievance, less than 14 percent permit an employee
to select a nonunion representative of his own choice.
(See table 9.) A few preclude a grievant from being
represented by another union, but allow the grievant to
choose any other representative. Again, the union often
retains the right to present its views at all steps of the
grievance procedure:
(57)

Any party in interest may be represented at
levels II and III of the formal grievance procedure
by a person of his own choosing, except that he
may not be represented by a representative or by
an officer of any teacher organization other than
the Association. When a teacher is not represented
by the Association, the Association shall have the
right to be present and to state its views at all
stages of the procedure.

The right o f the employee to process his own
grievance usually applies only to the point of arbitration,

Grievance committees. Of the 28 percent of the agree­
ments with procedures referring to employee organiza­
tion grievance committees, most were negotiated with
AFL-CIO affiliates. Of the agreements with other organi­
zations, most appeared to be confined to law enforce­
ment and education employees. Committee provisions
usually contain details relating to functions, composi­
tion, and time allowances.
Grievance committees usually review employee com­
plaints to determine if they have merit. If the grievance
is rejected, the grievant might process the grievance
without union support. However, the committee’s rejec­
tion could conceivably convince employees that their
complaints have no sound basis and therefore little
chance o f success:
(60) Legitimacy o f grievance. Within 10 days of receipt
of the grievance, the grievance committee shall
decide whether or not the LEA member has a
legitimate grievance. If the committee decides that
a legitimate grievance does not exist, it must then
notify the claimant. The claimant may then either
request a hearing with the grievance committee or
continue to process his claim without LEA sup­
port. If the committee decides there is a legitimate
grievance, it shall immediately submit a written
claim to the aggrieved person indicating the
support of the LEA and offering assistance at all
levels of this procedure.
(61)

In any case where the grievance has not been
settled by the foregoing procedure, then the
employee should, in writing, bring it to the
attention of the Executive Committee of Local
1363. Said Executive Committee shall, within 5
days of the receipt of the grievance, arrange for
the employee to present his alleged grievance at a
meeting of a majority of the Executive Commit­
tee. It shall be the responsibility of the Executive
Committee to determine the justification of the
complaint.

If, in the judgment of the Executive Commit­
tee, the nature of the grievance justifies further
action, it shall, through the President or Vice
President of Local 1363, bring the grievance to the
attention of the Chief of the Fire Department.

A number o f provisions, on the other hand, employ
grievance committees at later stages of the procedure:
(64)

The primary purpose of union grievance committees
is, of course, to adjust pending grievances, and in some
cases, to find procedures that will help to avoid recurring
disputes. Committees might even function as forums for
other existing or anticipated problems so as to create a
better labor-management relationship:
(62)

. . . The purpose of grievance committee meet­
ings will be to adjust pending grievances and to
discuss procedures for avoiding future grievances.
In addition, the committee may discuss with the
Chief of the Fire Department other issues which
would improve the relationship between the
parties.. . .

Most grievance committees enter the process at the
first stage where formal action is taken. This is usually
the point where informal attempts at settlement have
failed and the grievance is reduced to writing. The
procedures to be used by the committee are often
spelled out in detail:
(63)

Standard grievance procedure agreed upon by
the employer and Local 275. It’s purpose to
promote harmony and efficiency among em­
ployees by providing for immediate settlement of
grievances without fear of discrimination.
1. A grievance committee of three members
shall be formed by Local 275; they will meet with
any person, or persons, designated by the em­
ployer.
2. All grievance material must be in writing
and signed, upon the triplicate form agreed to by
Local 275 and the employer.
3. All grievances shall be investigated within
ten (10) days of its filing, by the union committee,
to determine its validity.
4. The employer shall receive one copy of the
grievance form, Local 275 one copy, and the
employee to retain one copy.
5. Upon receipt by the person, or persons,
designated by the employer, a joint meeting with
the grievance committee shall be held.
6. The employee shall be informed in writing
as to the action taken on the grievance.
7. Any person directly involved in the griev­
ance shall not act as a member of the joint
grievance committee.
8. The local union may use their Council
Representative as a member of the grievance
committee.
9. Employee grievances shall be handled
through this committee.
10. Every legal means available as specified in
Chapter 108, Laws of 1967 will be used in settling
grievances, including mediation and/or arbitration.

In the event the grievance has not been
satisfactorily resolved in Step 2 hereof, an appeal
may be made by the union in writing to the
department or agency head within 10 calendar
days of the receipt of the Step 2 decision. The
department or agency head or his designee shall
meet with the union grievance committee for a
review of the grievance within 10 calendar days of
the receipt of the written appeal and shall issue a
written decision within 10 calendar days following
the meeting.

Grievance committees are usually composed of union
officers, the chief steward, and other elected or appoin­
ted representatives. A few agreements, however, specify
that the grievance committee shall be selected from a
membership seniority list. In almost all cases, grievance
committee members are allowed to perform their duties
without loss of pay:
(65)

There shall be a grievance committee consisting
of the Chief Steward and two other members to be
selected by the union and certified in writing to
the employer. The employer shall meet whenever
necessary, at a mutually convenient time, with the
union grievance committee.

(66)

The grievance committee shall be composed of
the president of the local, the chief steward,
another steward and Council No. 76 Representa­
tive. The Council No. 76 Representative may enter
the grievance and represent the employee or group
of employees at any step in the grievance proce­
dure.

(67)

Composition o f Grievance Committee. A griev­
ance committee consisting of not more than five
non-teaching employees of the School Department
will be designated by the local union from the
seniority list referred to in Article III, Section 3.
Members of the grievance committee and stewards
shall be allowed to process grievances during
working hours without loss of pay.
Rights o f Employee and Grievance Committee.
Likewise, any employee involved in a grievance
shall have the right to take part at grievance
meetings which may occur during his working
hours without loss of pay. Members of the
grievance committee shall be permitted to visit
schools other than their own for the purpose of
investigating and/or processing grievances.

Procedural steps. Following informal meetings to resolve
an employee complaint, the dispute enters the formal
procedure. This consists of successive levels of appeal if
the employee or his representative remains dissatisfied.
Emphasis is upon early settlement and, as already noted,
may involve the active participation or presence of the
union representative. Various divisions within an agency

may have procedures with equal numbers o f steps,
terminating in the same final appeals step. In the
subordinate units, however, different management repre­
sentatives may be involved in the first or second step of
the procedure:
(68)

The supervisory levels represented by steps in
the Grievance Procedures are generally defined as
follows:
DISTRICT STATIONS & CRIME PREVENTION
COMPANY
Step 1. Lieutenant
2. Captain
3. Supervising Captain (additional)
4. Chief of Police
5. Commission
TRAFFIC BUREAU
Step 1. Lieutenant
2. Captain of Traffic
3. Director of Traffic (additional)
4. Chief of Police
5. Commission
BUREAU OF INSPECTOR S
Step 1. Lieutenant
2. Captain of Inspectors
3. Chief of Inspectors (additional)
4. Chief of Police
5. Commission
HEADQUARTERS COMPANY
Step 1. Supervising Sergeant
2. Officer-In-Charge of Lieutenant
3. Director or Commanding Officer
(additional)
4. Chief of Police
5. Commission

Movement up the procedural appeal steps can be
accelerated where first line supervision determines that
the power to settle the grievance lies at higher levels. In
some instances, the employee can by-pass lower manage­
ment and submit the grievance to the proper decision
making level:
(69)

If it is the judgment of any management
representative that he does not have the authority
to resolve the grievance, he may refer the grievance
to the next step in the procedure.

(70)

Grievances filed by an employee individually or
through his representative shall be submitted to
the lowest level of supervision having authority to
adjudicate the grievance.

In a few education agreements, school boards having
the final authority to resolve grievances, are permitted to
intervene at earlier steps and to reverse previous manage­
ment decisions:
(71)

School Board Review: The school board re­
serves the right to review any decision issued under
level I or level II of this procedure provided the

school board or its representative notify the
parties of its intention to review within 10 days
after the decision has been rendered. In the event
the school board reviews a grievance under this
section, the school board reserves the right to
reverse or modify such decision.
Where circumstances warrant, the movement of a
dispute can be expedited through the various procedural
steps. In the case of group grievances, for example,
parties often can by-pass the first or second steps. In a
few instances an employee is permitted to take his
problem directly to the party alleged to have been the
cause o f the grievance:
(72)

Any grievance which concerns more than one
nurse may be filed at Step 2 of the above
procedure.

(73)

Any grievance of a general nature affecting a
large group of employees may, at the option of the
Association, be filed at Step 3 of the grievance
procedure.

(22)

Grievances may be processed directly with the
party whose action resulted in the grievance and in
such instances the previous steps of this grievance
procedure may be omitted.

(74)

If a grievance arises from the action of authori­
ty higher than the principal of a school, the union
may present such grievance at the appropriate step
of the grievance procedure.

In those agreements which permit the union, em­
ployer, or both to initiate grievances, the processing
usually begins at the second or higher steps. Still others
permit steps to be by-passed for any reason, provided
both parties agree to do so. In a few instances, the
agreement to pass over steps has to be in writing. And in
exceptional cases, the parties might agree to return to a
prior step for reconsideration:
(75)

Grievances initiated by the City shall b t -■ iO
cessed in the same manner, but they r..;a/ h*
initiated at either Step One, Two or Three.

(76)

A grievance may be filed by an employee
starting in Step 1, or by the Association or the
City starting in Step 2, at any time within 30 days
following discovery of the facts giving rise to ihc
dispute.

(77)

Any step of the grievance procedure may be
by-passed by mutual agreement, in writing.

(78)

By mutual agreement, the grievance may revert
to a prior level for reconsideration.

A number of agreements inject a forma1 appeals
board into the procedural steps, usually just before
movement to final resolution. In a sense, these boards
represent the last internal attempt to settle the dispute
before third party intervention would be invoked. All

are bipartite in composition, involving only representa­
tives of employer and employee. The board is authorized
to hold hearings and call witnesses. It could issue a
decision, but it is not final and binding, unless accepted
by the grievant, or in some instances, unless the decision
is reached unanimously:
(79) (a)

The appeal board shall consist of two (2)
representatives selected by the employer
and 2 representatives selected by the union.
The appeal board shall meet within 14
calendar days after receipt of the above
appeal notice by the employer and shall
render a decision within 7 calendar days
following such meeting, which decision shall
be final and binding upon the parties to this
agreement.

(b)

In the event the appeal board above de­
scribed is unable to arrive at a mutually
acceptable solution to the grievance within 7
days, either party hereto shall have the right
to submit such grievance to arbitration
through the American Arbitration Associa­
tion in accordance with its Voluntary Labor
Arbitration Rules, provided such submission

is made within 15 calendar days after the
meeting of the appeal board. If the grievance
has not been submitted to arbitration within
said 15 calendar day period, it shall be
considered as being withdrawn by the union.
(42)

If the grievance is not satisfactorily settled . . . ,
the union may submit the appeal. . . to a hearing
before the Employees Appeal Board which has
been established by ordinance. The aggrieved party
may be represented at such hearing by one
member of the Executive Committee, counsel
and/or any other individual of the union’s own
choosing, who shall have the right to present
documentation, testimony, or question witnesses
in support of the appeal. The Employees Appeals
Board shall have the right to question witnesses
and include others in such hearing whom they feel
are concerned with the appeal. The place of such
hearing will be held at a suitable time and at a
location specified by the Employees Appeals
Board . . . and may be public at the aggrieved
parties option. The decision of the Employees
Appeals Board will be submitted, in writing . . .
If the grievance is not satisfactorily settled . .
the union may submit the dispute . . . to arbitra­
tion . . .

Chapter 3.

Grievance Resolution Procedures

Nearly 84 percent o f the agreements having grievance
procedures, covering 93 percent of the workers, include
provisions for settling disputes through third party
intervention, namely, factfinding, mediation, or arbitra­
tion. (See table 10.) Of the three, only arbitration is
final and binding; factfinding and mediation are inter­
mediate procedures used to resolve a dispute before it
becomes necessary to invoke arbitration.1 Neither fact­
finding nor mediation are as common as arbitration. (See
table 10.) This low incidence is probably more attribu­
table to the general acceptance of arbitration among
State and local governments than to any disenchantment
with either factfinding or mediation, which are almost
totally absent in private industry.
Factfinding. About 4 percent of the agreements having
grievance procedures provide for the use of factfinding.
(See table 10.) The factfinder, or board of factfinders,
by definition, seeks to separate the true events from the
layers of emotion that may cloud the issues and to
present them dispassionately, with or without recom­
mendations, to the parties. By itself, factfinding does
not guarantee settlement as much as it facilitates it by
bringing to bear an impartial perspective that refocuses
attention o f the parties back to the fundamental issues.
Among the 21 factfinding provisions, most provide
for a board or panel rather than for a single factfinder:
Agreements

As a rule, each party would appoint equal numbers to
the factfinding board. In the three agreements having
bipartite arrangements, the employer and union repre­
sentatives then proceed to carry out their authority. In
tripartite boards, the representatives appointed by each
party ordinarily would choose a neutral third party to
occupy the chair:
(80)

If the two partisan members are unable to agree upon
an impartial chairman, the parties may then turn to an
outside organization, such as the American Arbitration
Association or a government mediation agency, for a list
of neutrals. The parties would then alternately strike a
name from the list until only one remains. On the other
hand, the parties could also leave the choice to the
discretion of the outside agency:
(81)

Upon request of the grievant and the union, the
unresolved grievance will be referred to advisory
fact-finding. A single fact-finder will be used. If
the Board and union are unable to agree upon a
fact-finder within 7 days, a panel of 5 or 7 names
will be obtained from the American Arbitration
Association, and starting with the grievant the
parties shall alternately strike names until a single
name is left. If the individual selected as the
fact-finder is not available, other individuals will
be contacted in reverse order of their names having
been stricken from the list.

(82)

The advisory panel shall consist of 3 persons,
one selected by the Mayor, one selected by the
union, and the two advisory panelists shall then
select a third mutual panelist who shall act as
Chairman of the advisory panel.
If the parties fail to select a chairman, they
shall request the State Mediation and Conciliation
Service to name one.

Workers

Total having factfinding.................. 21

12,804

Single factfin d er............................................ 4
Factfinding b o a rd ...................
13
Factfinder or board........................................ 4

2,470
10,041
293

Most boards are tripartite, providing for representatives
of the employer, the employee or union, and a neutral:
Agreements
Total factfindingboards....................17
B ip artite............................................................ 3
Tripartite ....................................................... 10
No reference to composition........................... 4

Workers
10,334
1,475
8,566
293

1In a few instances, factfinding and mediation appear to be
the final grievance resolution level. See pp. 26-27 below for a
discussion of these provisions.

. . . The Committee shall consist of three mem­
bers who are District Government employees, and
are selected as follows:
(1) One member, designated by the Direc­
tor:
(2) One member, designated by the em­
ployee:
(3) One member, who shall be Chairman,
designated by the first two members. . .

Most of the 21 provisions are silent on the fact­
finder's authority, but a few authorize him to call

The committee shall notify the appointing
officer, the grievant and/or his representative, in
writing, of its recommendation . . .
Upon receipt of the committee’s recommenda­
tion, the appointing officer shall make a final
decision in the matter and notify in writing all
parties . . . If the appointing officer does not
accept the committee’s recommendation, he shall
fully set forth in writing his reasons for such
non-acceptance .. .

witnesses, interrogate them, and accept briefs as well as
review records and documents:
(83)

The union or the grievant may . . . appeal from
such decision to the impartial hearing offi­
cer. . . The impartial hearing officer shall conduct
a hearing on the grievance or grievances . . . At the
request of the impartial hearing officer, such
witnesses, records and other documentary evi­
dence, as may be required, shall be produced . . .

(84)

The committee shall review the appeal or
conduct a hearing . . . The Board committee shall
endeavor to ascertain all the pertinent facts in the
case and shall receive written statements by or on
behalf of the aggrieved, shall receive oral statements
by or on behalf of the aggrieved, shall receive oral
statements of both interested and disinterested par­
ties, and shall interrogate persons presenting infor­
mation in order to elicit all the pertinent facts. The
committee may request any employee of the school
district to be present other than the person who
considered the grievance in step 1. However, the
last condition shall not preclude such person from
giving evidence or statements.

The final authority of the factfinder or panel is
relatively weak. In all cases, the factfinder or panel files
a report with an individual empowered to make a
decision (usually a management official); and in most
cases, recommendations are included:
Agreements

Workers

Total having factfinding..................21

12,804

Report limited to finding of fact. . . . . . . . . 4
Report includes recommendations............. 17

1,800
11,004

The influence of the panel or factfinder depends in
part upon the respect in which factfinding and its
participants are held by the final decisionmaker and
perhaps upon the politics o f the situation. Theoretically,
the decisionmaker is free to accept or reject the report
and recommendations. In actuality, the decisionmaker is
not completely unrestricted. If the report and recom­
mendations also go to union and employee, manage­
ment’s decision may be influenced by its expectations of
how the other parties will react. The requirement that
the decisionmaker must justify his non-acceptance of the
report and recommendations in writing likewise affects
his freedom to decide. And if the findings and recom­
mendation are made public, public opinion may in­
fluence the outcome:
(55)

The employee grievance appeals committee
shall study the record of the case and shall hold an
informal hearing.

. .. The committee, after deliberate and
thorough review of all available testimony and
information, shall make its findings and recom­
mendations to the parties in writing.
The findings and recommendations of the
advisory committee may be made public by either
party. The findings and recommendations of the
advisory committee are not binding upon either
party but shall serve as a basis for further good
faith efforts on the part of both parties to
negotiate and settle any remaining issue.

As table 10 shows, in most instances where fact­
finding is found, it is the only grievance resolution
procedure available to the parties. Thus the aggrieved
would have no recourse if he did not agree with
management’s final decision. However, a few provisions
permit the grievant to carry his appeal to arbitration.
Mediation. Mediation involves an attempt by a neutral
third party to facilitate grievance settlement by sug­
gesting possible solutions to the problem or by advising
the parties. There is no final and binding decision, as in
the case o f arbitration, nor is there a finding of facts and
recommendations. Full power remains with the parties
to solve their own problems, but the mediator may help
both to communicate and to overcome the impasse.
Arrangements for mediation were negotiated in only
5 percent of the grievance procedures. (See table 10.) In
about half, failure of the mediator to bring the parties to
agreement could result in referral of the dispute to
arbitration. In most instances, provisions permitting
mediation are brief, giving little detail of what would be
involved in the mediation process. There may only be a
requirement, for example, for one party to notify the
other of a request to mediate; or the parties may agree
to waive mediation in preference to arbitration; or the
request may have to be in writing:
(87)

Either the City or the union may petition the
State Board of Mediation and Arbitration to
appoint a mediator. This request must be made
within 10 working days of the transmittal of the
written decision in Step 4. Should mediation fail
to resolve the question, then it may be processed
to Step 6.

(53)

If all previous steps fail in reaching a satisfac­
tory settlement, the grievance may be referred by

The advisory panel shall review the grievance
and within 20 days from date of appointment of
third member, recommend a solution to the Mayor
and City Council. The Mayor and City Council
shall render the final decision.

(85)

(86)

the Association or the City to the Michigan State
Labor Mediation Board in accordance with pro­
visions set forth in Act 379 of the Public Acts of
Michigan of 1965, as amended, or either party
may take such other action as they may desire. If
the Association or the City requests a mediation
meeting, the other party will be so notified in
advance of the meeting.
(88)
If, as a result of such efforts outlined in Steps
1-3, a satisfactory settlement cannot be reached,
both parties shall jointly submit the issue to
mediation by the WERC. The parties may, how­
ever, by mutual agreement, waive this step (media­
tion) and submit the issue to arbitration . . .
(89)
(a) If the grievance is not settled, it may be
submitted first at the union’s option, to mediation
by a State mediator from the Connecticut State
Board of Mediation and Arbitration. If the union
elects to seek mediation its request therefore shall
be in writing and must be filed with the Board not
later than 10 working days after receipt of the
written answer of the Director of Personnel and
Labor Relations set forth in 17.4 above. The union
will advise the Director of Personnel and Labor
Relations in writing of their submission of the
grievance to mediation at the time of filing.
(b) If the grievance is not resolved through
mediation within five (5) days after the conference
as provided in subsection (a) above the grievance
may then be submitted to arbitration . . . .

Only a few provisions include any details. At times,
the method of selecting the mediator is set forth as was
the disposition of costs. The mediator might be limited
to the issues before him, and the clause could emphasize
his advisory role by stipulating that any recommenda­
tion or advice he may offer would not be binding. The
mediator’s effectiveness will depend upon his acceptance
by the parties and his skills at bridging the gap between
them:
(68)
If the grievance is not resolved by the Chief of
Police to the satisfaction of the member and/or
the Association, the assistance of a mediator shall
be obtained. Such mediator shall be selected from
a list of 5 names submitted by the State Concilia­
tion Service; the Chief shall first strike a name,
followed by the member and/or Association until
one name remains. The remaining individual shall
serve as the impartial mediator. The mediator shall
consider only the issue(s) presented, and his
determination in the matter shall be submitted in
writing to both parties. After the mediator has
submitted his report, the member and/or the
Association shall then again attempt to resolve the
grievance; the Chief shall again use the grievance
form to notify the member of his decision. The
cost of mediation shall be borne equally by the
department and the Association.
(90)

In the event the Board of Pierce County
Commissioners cannot agree with the union as to a

disposition of the grievance, the dispute may be
referred to a neutral mediator pursuant to RCW
49.08.010, which provides that it shall be the duty
of the Director of Labor and Industries, upon
application of the union or employer having
differences, as soon as is practicable, to visit the
location of such differences and to advise the
respective parties what, if anything, ought to be
done or submitted to by both to adjust said
dispute. The advice of the mediator shall be
advisory only and not binding on the Board of
Pierce County Commissioners or the union unless
agreed to prior to a specific mediation request.
(91)

If the aggrieved person is not satisfied with the
disposition of his grievance he may . . . . request in
writing to the Association that his grievance be
mediated.
. . . The Association shall (A) recommend to
the aggrieved that no further action be taken, or
(B) .. . that any further action is on his own
responsibility or (C) submit the grievance in
writing to the mediator.
In the event the Association requests mediation,
a mediator shall be selected as follows: A mediator
will be named by mutual agreement . . . should the
parties be unable to agree on a mediator . . . the As­
sociation’s representative will name one advisor and
the Board’s representative shall name one advisor.
These 2 advisors shall select a mediator . . .
The mediator shall have 10 days . . . to help the
parties reach agreement. I f . . . he is unable to
resolve the dispute, he shall give a verbal and
written report to the Board stating the steps that
he has taken in attempting to reach an agreement
and his recom m en dation for resolution.
Information copies of his recommendation shall be
sent to the Association and the aggrieved person.
The mediator shall then be dismissed.

Mediators are, in almost all cases, obtained from a
State or local agency:
Source of mediator

Agreements

Workers

Referring to mediation.................. 31

15,800

Referring to source of mediator .................. 21
State or local agency........................... 18
Federal Mediation and Concilation
1
Service............................................
U.S. Department of Housing and Urban
Development................................. 2
Reference to mediation; no reference to
10
source of m ediator.................................

8,108
7,881
52
175
7,692

The tendency to seek help from a State or local
agency may reflect either legal requirements or the
parties’ desire to obtain local mediators knowledgeable
about local government and its labor relations situation.
Similarly, the two agreements requesting mediation from
the United States Department of Housing and Urban
Development designate the labor relations director of
the regional office, again a mediator likely to know the
local situation. In the case o f State and local agencies,

mediators may be full-time employees of the agency, or
private individuals who the agency has determined have
the skills and experience to mediate. This determination
is made by the State or local agency only after each
individual’s background and experience is examined.
Arbitration. Arbitration procedures are found in 79
percent of the agreements having grievance provisions.
(See table 10.) Although it is the most prevalent of the
arrangements providing for third party Assistance to
resolve grievance disputes, arbitration is still less fre­
quently found in public sector contracts than in those
for private industry. In part this may be the result of the
slow acceptance of arbitration in public employment.
For years prior to the advent o f collective bargaining as a
major factor in public employee labor relations, griev­
ance resolution lay completely in management’s hands.
The growth of collective bargaining, however, has
brought change, and public employers moved, through
negotiations, from unilateral grievance resolution, to
advisory arbitration, and then to final and binding
arbitration.

(93)

Some clauses, as a precaution, repeat that nongrievable matters are also non-arbitrable:
(94)

Grievance and arbitration. A grievance is a
dispute limited to a claim of violation of the
express terms of this agreement.
A complaint is a dispute which concerns
matters not covered by the express terms of this
agreement and is not subject to the arbitration
provision as hereinafter provided. . . .

(95)

Any dispute arising between the parties may be
subject to the grievance procedure, however only
disputes arising out of the interpretation and
application of the collective bargaining agreement
are subject to arbitration. . . . Those subjects over
which the Police and Fire Commission has authori­
ty are expressly precluded from the arbitration
process and shall be subject to the rules and
regulations of the Police and Fire Commission.

Scope o f arbitration. About two-fifths of the arbitration
provisions specifically define the scope of the procedure,
most often making it the same as the grievance proce­
dure:
Scope

Agreements

.
Total having arbitration . , ............465
Referring to the scope of
arbitration................................. ............. 184
Same as grievance................. ............. 134
Some grievance issues
omitted .......................... .............. 50
Reference to arbitration;
no reference to scope............... ............. 281

Workers
730,391
196,479
137,455
59,024
533,912

Other provisions outlined specific issues that would
not go to arbitration, among them matters subject to
special appeals procedures such as discipline. Adverse
actions, or such issues as job classifications, evaluations,
and decisions on probationary personnel also are ex­
cluded:
(96)

The Grievance Appeal Board shall consist of an
authorized representative of the Department of
Public Safety appointed by the Commissioner of
Public Safety, an authorized representative of the
Lodge, and an impartial arbitrator selected by the
Lodge and employer representative. In the event
they are unable to agree upon an impartial
arbitrator within five days after the request for
arbitration is made by either party, the impartial
arbitrator shall be selected through and pursuant
to the rules of the American Arbitration Associa­
tion. The cost of the impartial arbitrator shall be
borne equally by both parties. The decision of the
Board shall be made within thirty days of the
closing of the hearing and shall be binding upon
both parties. This Grievance Appeal Board will
have no jurisdiction over disciplinary cases.

(97)

Grievances may be submitted relating to
matters contained in this agreement or which have
not been the subject of collective bargaining,
except those matters discussed but not agreed and
suspensions, dismissals and reduction in grade are
not arbitrable.

It is safe to assume that the number o f provisions in
which the jurisdiction of grievance and arbitration
arrangements is the same is much higher than shown.
Agreements referring to arbitration but not to scope
often state that grievances will move automatically to
arbitration if not settled at the final step before
arbitration. The implication of these clauses is that the
scope of grievance and arbitration is identical:
(92)

If the grievance is not settled, either party may,
within 15 days after the reply of the Director is
due, by written notice to the other, request
arbitration.

The scope o f arbitration is more likely to be the same
where the grievance definition is broadly defined to
apply to matters concerning the interpretation and
application o f the agreement:

Any unresolved grievance which relates to the
interpretation, application or enforcement of any
specific article and section of this agreement or
any written supplementary agreement and which
has been fully processed through Step 7 of the
grievance procedure may be submitted to arbitra­
tion . . . .
The arbitral forum here established is intended
to resolve disputes between the parties only over
the interpretation or application of the matters
which are specifically covered in this agreement
and which are not excluded from arbitration.

(98)

Arbitration. Either the union or management
may appeal any decision by the Civil Service Board
of a grievance on matters other than discipline or
classification.

(99)

Powers o f the arbitrator. It shall be the
function of the arbitrator, and he shall be em­
powered, except as his powers are limited below,
after due investigation, to make a decision in cases
of alleged violation of the specific articles and
sections of this Agreement.
(a)

He shall have no power to add to, subtract
from, disregard, alter or modify any of the
terms of this Agreement.

(b)

He shall have no power to rule on any of the
following:
1.
2.
3.
4.

The termination of services of or
failure to reemploy any probationary
teacher.
The placing of a non-tenure teacher on
a third year of probation.
The termination of services or failure
to reemploy any teacher to a position
on the co-curricular schedule.
Any matter involving teacher evalua­
tion.

In one agreement, management’s rights were not
arbitrable, nor were disciplinary actions and discharges
o f employees violating the no-strike clause. The em­
ployer, however, reserved the right to arbitrate, or file
other claims against the union for similar violations:
(100)

(101)

Arbitration shall be invoked by written notice
to the other party of intention to arbitrate. . . .

(102)

If the union or the Town is not satisfied with
the decision of the Personnel Board, it may within
15 working days after receipt of the decision
submit grievance to arbitration. Notice of inten­
tion to proceed to arbitration must be given to the
Town Manager or union president within 10
working days after receipt of such decision.. . .

He shall have no power to establish salary
scales or change any salary, unless, it is
found that a teacher has been improperly
placed on the existing salary schedule.

(c)

success, the possible effect upon the union-management
relationship, and internal union politics, all may be
considered.
Over two-fifths of the agreements having arbitration
clauses stipulated that either party could initiate arbitra­
tion proceedings. (See table 11.) The party invoking
arbitration has to notify the other that this step has been
taken:

Excluded from arbitration are grievances which
question the exercise of rights set forth in Section
6 of this agreement entitled MANAGEMENT
RESPONSIBILITY, or which question the use or
application of any right over which the employer
is given unilateral discretion in this agreement.
However the union shall not be precluded from
arbritrating a grievance based upon the claim that
the employer has exceeded such rights as set forth
in the said Section 6 of this agreement.
Excluded from arbitration are disputes and
unresolved grievances concerning the discipline or
discharge of strikers who struck in violation of the
no strike pledge in this agreement.
Excluded from arbitration at the election of
the employer but in no manner waived in any
other forum, are any monetary claims by the
employer against the union, its officers or mem­
bers for breach of the no strike pledge in this
agreement.

Referral to arbitration. Because the costs of arbitration
are high, the decision to invoke arbitration is not lightly
made. Expenditures of money and time, the likeihood of

Almost another two-fifths of the arbitration pro­
visions permit only the employee organization to call for
arbitration. More importantly, the grievant can not act
independently of the union and invoke a costly arbitra­
tion that the union does not feel should be carried
forward. On the other hand, the union can arbitrate
without the grievant’s consent:
(103)

If the union believes that the matter should be
carried further, it will, within 30 days of the Civ.
Serv. Bds. answer, refer the matter to the Ameri­
can Arbitration Association for the selection of an
impartial Arbitrator, to be selected by the union
and the employer, to determine the dispute.

(104)

Within 10 days from the receipt of the written
decision of the department head, or his designated
representative, Local 434, on behalf of an em­
ployee it has represented in the processing of this
grievance, may request that the grievance be
submitted to arbitration . . . .

(105)

If not satisfied with the Department Head’s
answer, the union with or without the employee,
may within 10 days after receipt thereof, request
that the matter be submitted to an impartial
arbitrator . . . .

(50)

Should the aggrieved employee and the union
consider the reply of the Director of the Depart­
ment of Institutions to be unsatisfactory, the
union shall, within 5 working days of the receipt
of the reply, notify in writing the Administrator
and the Director of the Department of Institutions
of its intention to refer the grievance to arbitra­
tion . . . .

About 10 percent of the agreements having arbitra­
tion specify that the grievant could initiate the process,
or that the grievant together with the employee organi­
zation could do so:
(106)

If agreement is reached as a result of this
meeting the director of employee relations shall

issue a disposition of the matter which shall be
final and binding. If agreement is not reached, the
aggrieved shall, within 3 days after the Step 3
meeting, notify, in writing, the director of em­
ployee relations that arbitration is required.
(107)

If the employee or union is dissatisfied with
such decision, he or the union may request
arbitration of the dispute as follows, provided that
no provision of this agreement which is stated to
be a matter of policy shall be subject to arbitra­
tion:
(a)
If the employee or union is dissatisfied with
the decision in Step 4 or the grievance cannot be
resolved, he or the union may submit the case to
the District of Columbia Board of Labor Relations
for arbitration. The request to the Board must be
presented in writing and the decision of the Board
will be final and binding on both parties.

By electing to go to arbitration, the grievant at times
specifically waives his right to use other governmental
appeals forums:
(108)

Arbitration shall be initiated by certified letter
from the grievant, and bearing the written ap­
proval to proceed of the president of the Federa­
tion, addressed to the Superintendant of Schools.
Such letter shall be mailed within 20 school days
of receipt of the written decision of the Board.
Such request can be honored only if the grievant
or grievants and the Federation waive the right if
any, in writing of said grievant or grievants and the
Federation to submit the underlying dispute to
any other administrative or judical tribunal except
for the purpose of enforcing the arbitrators award.

Where mutual consent is required before arbitration
can be started, each party may veto such a move, thus
weakening the availability of arbitration. If arbitration is
barred, the aggrieved party conceivably may seek other
remedies, such as legal action. Mutual consent might also
be required to conform to State Law:
(109)

(110)

Upon mutual agreement of the parties . . that a
grievance not resolved in Step 3 shall be taken
before an arbitrator for final settlement, the
Association President and the legal representative
of the City will select an arbitrator. . . .
Whenever the parties do not agree that an
arbitrator will be used for final settlement, either
party may seek an appropriate legal remedy.
The parties have to recognize that under
existing Utah law a present agreement to arbitrate
future disputes is wholly unenforceable. Accord­
ingly, it is understood and agreed that neither
party shall have the right to initiate or require the
other party to participate in or bear the expenses
of any arbitration proceedings unless an agreement
in writing for the submission of a particular
dispute to arbitration shall be concluded. Within
10 school days after receipt of the written request
for submission to arbitration, the superintendent

or the Association shall respond in writing indi­
cating whether it consents to submit the grievance
to arbitration.
Type o f arbitration machinery. In writing an arbitration
clause, the parties have to agree on what type of
arbitration machinery will best serve their needs— single
a
arbitrator, an arbitration board, a choice or combination
of these procedures, or by referral of the grievance to a
State agency for arbitration.
Single arbitrators, whether selected on an ad hoc
basis or for the term of the agreement, are provided for
by the parties in two-thirds of the agreements having
arbitration, covering three-quarters of the workers. (See
table 12.)
Boards of arbitration are found in less than onequarter of the agreements. These are generally tripartite.
More than 88 percent of the agreements having
arbitration procedures provide for the use of ad hoc
arbitrators. (See table 12.) Under this system, arbitra­
tors, single or board, are chosen for each dispute. After
rendering a decision, the relationship is terminated, and
the arbitrator might or might not be chosen for
subsequent cases. There are several advantages in using
ad hoc arbitrators for both union and management. In
making selections, for example, both could seek arbitra­
tors who are particularly qualified to handle the matter
at issue. If the parties are not satisfied with the way the
arbitrator handled the one case, they do not have to re­
hire him for others.
Only a small proportion o f agreements establish a
permanent arbitrator or arbitration board for the dura­
tion of the contract. Most provide for a single impartial
umpire rather than a board. The advantages of a
permanent arbitrator or board lie in the expertise that
comes with growing knowledge of the collective bargain­
ing relationship and its history, and conditions existing
at the worksite.
Selection o f ad hoc arbitrator. Nine out of ten ad hoc
arbitration agreements provide for selection of the
arbitrator directly by the parties. (See table 13.) Under
such arrangements, union and management may jointly
select an arbitrator or elect one by majority vote:
(111)

The arbitration proceeding shall be conducted
by an arbitrator to be selected by the Employer
and the Union within 7 days after notice has been
given.

(112)

In case agreement cannot be reached, a griev­
ance board shall be named consisting of 3 repre­
sentatives of the employer and 3 representatives of
the employees. In case of deadlock in the griev­
ance board, they shall, by majority vote, select an
impartial arbitrator to dispose of all deadlock
cases . . . .

In other agreements, the parties choose from a list of
arbitrators furnished by an outside agency. The largest
single group of employees is represented by these
agreements because of the influence on coverage of four
large New York State contracts, each of which require
the two parties to choose an impartial arbitrator from a
list provided by the State Department of Civil Service.
Such a list could also be drawn up by mutual agreement
of the parties:
(113)

(114)

Upon receipt of a notice requesting arbitration,
the parties shall meet to select an arbitrator from a
panel established by the Department of Civil
Service upon mutual agreement by the State and
CSEA. The method of selection and the selection
of the panel and the method of designation of the
individual arbitrator for a particular case shall be
agreed upon hv the State and CSEA prior to
March 31, 1973, provided, however, that it is
contemplated that the essential method of selec­
tion of the -u !)itrator for a particular case shall be
by agreement, and failing such agreement, then by
lot from the panel.
The State and SPA shall meet as soon as
feasible after the execuation of this agreement to
seek agreement on an arbitration panel composed
of 7 members.
Within 1 week of the receipt of a notice of
intent to arbitrate, representatives of the State and
SPA shall meet for the purpose of selecting the
arbitrator from the panel either by agreement or
by striking one name from the list of the arbitra­
tion panel until one name remains . . . The parties
may by agreement substitute another person for a
member of the panel.

(117)

If within 5 days after notice has been received
that either party desires arbitration of the dispute,
no arbitrator can be mutually agreed upon, then
the selection of the arbitrator shall be made from a
list of arbitrators provided by the New York State
Public Employment Relations Board in accordance
with their procedures . . .

(118)

In the event the matter is submitted to arbitra­
tion, an arbitrator shall be appointed by mutual
consent of the parties hereto within 10 days after
arbitration is invoked. If the parties cannot agree,
they shall, by joint letter, solicit names of 5
arbitrators from the Federal Mediation and Con­
ciliation Service from which each party shall
alternately strike names until one arbitrator re­
mains.

Less frequently, the parties agreed to have an outside
agency appoint the arbitrator if they are unable to make
a selection on their own:
(119)

In still other instances where the parties can not agree
on an arbitrator, the selection may be made by a judge
or by a combination of two or more o f the preceding ad
hoc selection procedures:
(120)

The City Manager and the FOP shall each
promptly appoint a disinterested representative to
the committee. The third committee member shall
be selected by mutual consent of the first two
appointees and shall be a disinterested, impartial,
non-City employee. If after 2 days the third
member cannot be agreed upon, he shall be
selected by the presiding judge of the Superior
Court of Pima County, Arizona.

(104)

The parties shall select a mutually acceptable
arbitrator from the list of arbitrators maintained
by the Los Angeles County Employee Relations
Commission and request said Commission to ap­
point such arbitrator pursuant to their established
procedures. If the parties cannot agree on an
arbitrator, they shall notify the Employee Rela­
tions Commission and request that the Commis­
sion provide the parties with a list of five names
from which the parties will attempt to mutually
select an arbitrator. If after 5 days the parties
cannot agree on an arbitrator, the parties will
request the Employee Relations Commission to
appoint the arbitrator.

Most remaining agreements provide for appointment
of the arbitrator by a private or government agency:
(115)

If the union decides to arbitrate the grievance,
the arbitration proceedings shall be conducted by
an arbitrator selected by the American Arbitration
Association.

(116)

If the grievance is not settled by Steps A, B and
C and the aggrieved does not elect to pursue his
grievance under the provisions of the Civil Service
Act, then the union shall have the right to submit
such grievance to an arbitrator appointed by
PERC.

While a few of the arbitration provisions are silent on
selection procedures where the parties could not agree
on an arbitrator, most provide for some form of impasse
resolution. Nearly one-half of the agreements with
provisions for ad hoc arbitrators specify that an outside
agency will supply a list from which an impartial
arbitrator would be chosen if union and management
can not agree. Some even specify the method that the
two would use to make their selection from the list, such
as alternate striking o f names:

The arbitration proceeding shall be conducted
by an arbitrator to be selected by the employer
and the union within 7 days after notice has been
given. If the parties fail to select an arbitrator,
either party may request the assignment of an
arbitrator by the American Arbitration Associa­
tion.

Selection o f permanent arbitrators. Of the 19 agreements
providing for a permanent arbitrator or board, 11
stipulate that only union and management would select

the arbitrator. Of these, five name the arbitrator in the
agreement:
(121)

The parties agree on the appointment of Joseph
Wildebush of Paterson, New Jersey, an impartial
arbitrator who shall have full power to hear and
determine the dispute between the parties. In the
event of the arbitrator’s incapacity, the parties
shall agree on a replacement . . .

(122)

The Impartial Arbitrator to serve as such until
March 31, 1974 shall be Theodore W. Kheel, Esq.,
who has been selected by the parties to this
agreement:

area of dispute as hereinafter provided. Such
umpire shall be seleted by mutual agreement
between the union and Personnel Committee of
the County Board of Supervisors and shall be
compensated for his services in a manner which is
mutually satisfactory to the County, the Union
and the umpire. He shall serve for a period of 1
year from the date of his appointment except that
his term of office may be extended from time to
time by mutual agreement of all parties.

In six other agreements, the agency and the union are
to appoint a permanent arbitrator or arbitrators after
execution of the agreement:
(123)

For the purpose of administering this section of
this agreement, the parties to this agreement shall
employ a competent permanent arbitrator, mutu­
ally acceptable to both parties. . . . all decisions of
said arbitrator on disputes concerning this agree­
ment which are submitted to him shall be final and
binding on both parties to this agreement.

Two other agreements provide for the selection to be
made by the employer and union from a permanent
panel. In one large New York City agreement, the
selection was made from a permanent list prepared by
the city’s Office of Collective Bargaining:
(124)

. . . Such arbitration shall be conducted by an
arbitrator designated from a standing panel of 3
arbitrators maintained by the Office of Collective
Bargaining in accordance with applicable law, rules
and regulations . . .

(127)

The American Arbitration Association shall
appoint one of a panel of three arbitrators to be
designated by mutual agreement of the parties, to
serve in rotation for any case or cases submitted.

Only a small number of arbitration boards are
included among the provisions for permanent arbitration
and these vary in method of selection. Some set this
forth in meticulous detail:
(128)

Board of Arbitration. The Civil Service Arbitra­
tion Board shall be constituted as follows:
a.

One member shall be appointed by the
Mayor from among the members of the City
Commission.

b.

One member shall be appointed by the City
Commission. Such member shall be a resi­
dent taxpayer of the City who neither holds
nor is a candidate for any other public office
or position and who is not an officer or
employee of any political or party organiza­
tion.

c.

Two members shall be appointed by the City
Commission from among persons nominated
as follows:
(1) Each U nion representing City
employees shall nominate 4 different
persons, each of whom shall be resi­
dent taxpayers of the City who neither
hold or are candidates for any other
public office or position and who are
not officers or employees of any
political or party organization. Onehalf of such nominees shall not be City
employees or members of any labor
union, or spouses of such members,
and 1 of that half of the nominees shall
be appointed by the City Commission
to the Civil Service Board. The Com­
mission will appoint a second member
of the Civil Service Board from the
remaining one-half of the nominees.

d.

The four (4) members so appointed shall
nominate 3 impartial persons, each of whom
are resident taxpayers of the City who
neither hold nor are candidates for any other
public office or position and who are not
City employees or members of any labor
union or spouses of such members. If they
cannot agree on 3 such nominees, the
Governor of the State of Michigan shall

Two agreements provide for selection according to
the rules of the American Arbitration Association when
the parties are unable to agree on the selection of the
permanent arbitrator:
(125)

In the event the parties are unable to agree
upon the appointment, or in the event the agreed
upon umpire becomes incapacitated and is unable
to continue to serve as such and the parties are
unable to agree upon a mutually acceptable
alternate, the umpire shall be selected in accor­
dance with the rules of the American Arbitration
Association.

One agreement allows the union and the Personnel
Committee o f the County Board of Supervisors to select
the permanent arbitrator; and another authorizes the
American Arbitration Association to appoint one from a
panel o f three arbitrators:
(126)

To assist in the resolution of disputes arising
under the terms of this Memorandum of Agree­
ment and in order to provide an impartial forum
to resolve such disputes, the parties agree to
appoint an impartial umpire who shall act in each

nominate 3 impartial persons who are resi­
dent taxpayers of the City, who neither hold
nor are candidates for any other public office
or position and who are not officers or em­
ployees of any political or party organiza­
tion. One of such nominees shall be ap­
pointed by the City Commission as the fifth
member of the Board.
e.

(129)

A vacancy on the Civil Service Board shall be
filled by a person nominated and appointed
in the same manner as used in the case of his
predecessor, except that in the case of a
successor for the member nominated by the
Unions who was not a City employee or a
member or spouse of a member of a Labor
Union, the nominees shall also meet that
requirement, and further provided that for
each future position to be filled from among
Union nominated persons, each Union repre­
senting City employees shall each nominate
4 different persons. The term of such ap­
pointee shall be as provided by the City
Charter.

The arbitration shall be conducted by a tripar­
tite arbitration panel. One member of the panel
shall be appointed by the Board and this indivi­
dual’s minimal professional qualifications shall be
those of the holder of a principal’s certificate. One
member of the panel shall be appointed by the
union and this individual’s minimal professional
qualification shall be those of the holder of a
teacher’s certificate. The third member of the
panel shall be selected by mutual agreement of the
first two above named panel members except that
any individual so selected shall be a bona fide
resident of New Jersey and a member of the
National Academy of Arbitration with a minimum
of five years experience as arbitrator.
The first two named panel members shall be
appointed within one week of the ratification of
this agreement. The third panel member shall be
selected by the first two within 10 days after their
selection. In the event that the first two are unable
to agree upon the selection of the neutral panel
member as described above - either of the two
shall call upon the American Arbitration Associa­
tion to name the third panel member. Any
individual so selected shall be required to be a
bona fide resident of New Jersey. This panel shall
sit for the duration of the agreement. The mutual
third panel member shall serve as the Chairman of
the Panel and shall arrange the dates, meeting
places and agenda of any and all arbitration
proceedings.
Any decisions of this arbitration panel shall be
by majority vote. That is, by at least two members
of the panel.
The third neutral panel member shall serve
until he receives notice of termination of his
services by either the Board or the Union. In such
case a new third neutral panel member shall be
appointed as described above. Termination shall

not affect any grievance upon which a hearing has
commenced.
Another, negotiated by a State university, provides
for a permanent list o f arbitrators from which a board is
to be chosen:
(130)

The University and the union shall agree to a
list of at least nine members to serve as an
arbitration panel. The list shall consist of three
members recommended by the union, three mem­
bers of the faculty recommended by the Univer­
sity, and three public members limited to Monon­
galia County recommended after mutual agree­
ment by both the union and the University.
In the event arbitration is demanded on any
grievance, the union and the President of the
University shall each strike one name from each of
the three lists, permitting an arbitration panel of
three persons to result.

Outside agency used in the selection process. Nearly 85
percent of the provisions specifying the method of
selection employed an outside agency in some phase of
the procedure. The agency cited most frequently in the
selection process is the American Arbitration Associa­
tion (AAA). Agreements mentioning AAA, however,
represent less than two-fifths of the employees using an
outside agency. Various State and local labor agencies
are specified in a slightly smaller number of agreements,
but these represent more employees. Together, these
two are cited in more than 87 percent of the agreements
which specify outside agencies, and cover more than 90
percent of the employees. Unlike agreements in private
industry, few used the Federal Mediation and Concilia­
tion Service.
Nearly all of the agreement provisions were quite
specific in their choice of the outside agency they
wanted to use in selecting an arbitrator. However, a few
agreements offer the parties a choice or named a
particular agency as an example only:
(131)

If agreement cannot be reached, then within 5
week days the parties jointly will request the State
Board of Mediation or the Federal Mediation and
Conciliation Service to submit a list of five
impartial persons qualified to act as arbitrators.

(132)

In the event the parties are unable to agree
upon an arbitrator, the State Personnel Board shall
request from an agency such as the Federal
Mediation and Conciliation Service or similar or­
ganization to submit the names of 5 disinterested
persons qualified and willing to act as impartial
arbitrators.

Arbitration costs. Nearly 87 percent of the agreements
which include arbitration stipulated that costs will be
shared between employer and union. In practice, it is

probable that the parties under some of the contracts
not referring to cost might actually share expenses as
well. Where cost-sharing is referred to, virtually all
provisions provide for equal sharing:
Agreements
Agreements having arbitration provisions . .465
Having reference to sharing costs ................404
Shared equally ....................................384
Shared unequally ............................... 20
No reference to sharing costs .........................61

Workers
730,391
577,222
566,865
10,357
153,169

In a few instances, costs would be shared by
employer and employees, where the bargaining agent
was clearly not involved in the dispute. The possibility
that an individual employee might be burdened with
paying a portion o f usually high arbitration fees, would
act as deterrent to individuals who might otherwise
arbitrate their disputes against the advice of their
employee organization. Even where the union assumes
its share of the cost, the employee might be required to
meet at least a nominal charge:
(133)

The fees and expenses of the arbitrator shall be
born equally by the Fire Department and em­
ployee concerned; provided, if the union is a party
to the dispute, such fees and expenses shall be
borne equally by the Fire Department and the
union.

(134)

All costs of arbitration shall be shared equally
by the BOCES Board and the aggrieved (or the
association, if the grievance is supported by the
association).

(122)

The impartial arbitrator shall be paid reasonable
compensation for his services. One-half of such
compensation shall be paid by the Authority. The
other one-half shall be paid by the union, less the
sum of $10 for each grievance appeal to the impar­
tial arbitrator by an individual employee, which
sum shall be paid by the individual employee.
The costs to be shared are not always limited to the
fee charged for the actual arbitration proceeding, but
sometimes include other expenses as well:
(135)

In provisions involving a tripartite panel, the two
parties normally bear the expense of their own arbitrator
as well as other costs o f presenting their position, but
they would share the cost of the neutral arbitrator. The
party requesting a written record of the proceeding is
responsible for such costs, under some provisions, while
in others it is to be shared equally:
(75)

Expenses for the arbitrator’s services in the
proceedings shall be borne equally by the City and
the union or employee, provided, however, that
each party shall be responsible for compensating
his own representatives and witnesses. If either
party desires a transcript of the proceedings it may
cause such a record to be made, but shall bear the
cost, unless the transcript is taken by mutual
agreement. Each party shall be responsible for
providing his or its own copy. In the event the
arbitrator requires a verbatim record of the pro­
ceedings, the original transcript shall be borne
equally by both parties.

(137)

The City and the union shall bear the expense
of their respective arbitrators and witnesses and
shall share equally the other expenses, including
those of the neutral arbitrator and stenographic
expenses.

Of the 20 agreements in which cost is not shared
equally, 11 are found at the municipal level. There are
some in which the employer assumes the heavier cost
burden. For example, one local jurisdiction was given an
option between using a State labor agency or an
independent arbitration organization for certain griev­
ances. If it chose the independent service, the town
would assume the full costs of the arbitrator. In another
agreement, expenses were shared equally up to $1,000
per grievance, with any additional costs paid by the city;
and in a county agreement, the employer was required
to pay two-thirds of any costs and the union one-third:
(138)

. . . Arbitration shall be by the State Board of
Mediation and Arbitration, except in the case of
grievances involving discharges, reprimands, reduc­
tions in rank or compensation, and suspensions
without pay, which may at the option of the
Town be submitted to the American Arbitration
Association. If the Town elects to exercise its
option, it shall pay the fees of the arbitrator.

(139)

The costs of the arbitrators shall be borne
equally by the parties up to $1,000 per grievance.
Additional arbitration costs above $1,000 shall be
paid by the City. Each party shall be responsible
for costs of presenting its own case to arbitration.

(140)

The costs of arbitration shall be borne as
follows: one-third by the employee organization
and two-thirds by the County.

The arbitrator shall be paid his actual and
necessary traveling and other expenses incurred in
the performance of his duties plus a per diem
allowance of $100 for each day or part thereof
while engaged in the consideration of a dispute.
The parties shall equally share the cost and fees of
the arbitrator.

Although the expenses of the arbitrator might be
shared equally, the actual costs of arbitration could
differ for the parties, in any particular case, since each
generally paid the expenses incurred in its own presenta­
tion:
(136)

each party shall be responsible for compensating
its own representatives and witnesses.

Expenses for the proceedings shall be borne
equally by the employer and the union. However,

In others where the costs of arbitration are not
shared equally, the full costs of the procedure are paid
by the losing party:
(103)

. . . The fees and expenses of said arbitrator
shall be paid by the party against whom the
decision is rendered.

(141)

Each party shall bear the cost of its chosen
arbitrator and the party whom the arbitrators’
decision is rendered against shall bear the entire
cost of the third arbitrator.

Status o f arbitrator's decision. An arbitrator’s decision
may be final and binding or advisory. Where it is final
and binding, no other action is necessary and the
grievance is considered to be resolved. On the other
hand, under advisory arbitration, there is no obligation
to accept the arbitrator’s ruling and if rejected further
action is required to settle the dispute. The additional
procedure usually involves a final decision by manage­
ment at the highest agency levels.
However, the use of final and binding arbitration has
grown in State and local agreements. Contracts negoti­
ated with the Federal Government are moving in the
same direction as well. Grievance arbitration, permitted
in Federal agreements, was advisory under Executive
Order 10988, but Executive Order 11491 allows the
parties to provide for final and binding arbitration, if
they so choose. However, contrary to normally accepted
concepts o f final and binding arbitration, the decision
can be appealed to the Federal Labor Relations Council.
Of the State and local agreements with arbitration,
nearly 82 percent provide for a final and binding
decision. (See table 14.) In many, restrictions are placed
upon the arbitrator’s authority, commonly that the
decision would not alter or detract from the agreement.
Other agreements stipulate that the decision will be
binding unless it conflicts with applicable legislation and
that the arbitrator may not widen the scope of the issue
submitted by the parties:
(73)

(64)

The decision of the arbitrator shall be final and
binding upon the parties, except that the arbitra­
tor shall make no decision which alters, amends,
adds to or detracts from this agreement, or which
recommends a right or relief for any period of
time prior to the effective date of this agreement,
or which modifies or abridges the rights and
prerogatives of municipal management under Arti­
cle V of this agreement.
The decision or award of the arbitrator shall be
final and binding to the extent permitted by and
in accordance with applicable law and this agree­
ment. The arbitrator shall confine himself to the
precise issue submitted for arbitration and shall
have no authority to determine any other issues
not so submitted to him.

In a few contracts, the status o f the arbitrator’s
decision is not clear, since reference is made to city,
State, or other regulations which are not spelled out in
detail. The unusually large number of employees covered
by these vaguely defined clauses, is due primarily to one
New York City agreement covering 120,000 workers
which refers to arbitration, but includes no detail except
to cite procedures of the city’s Board of Collective
Bargaining and a city executive order.
Less than 10 percent of the arbitration procedures
provide for an advisory decision. The arbitrator’s award
may be accepted or rejected, or may be taken under
advisement in arriving at the final resolution:
(142)

. • • The written decision of an arbitrator result­
ing from any arbitration or grievances hereunder
shall be entirely advisory in nature and shall in no
way be binding or legally effective upon any of the
parties hereto.
(143)
The arbitration panel shall render its decision
based upon a majority vote, no later than 30
calendar days after the conclusion of the final
hearing. Such decision shall be reported to the
Commissioner of Labor and to the union, shall be
a matter of public record, and shall be advisory to
the Commissioner of Labor in order to enable him
or his designees to render a final decision.
(144)

The arbitrator will report recommendations for
settlement of the grievance to the President and
the President of the Board within 15 working days
of the date of his selection. The Board will accept
or reject the arbitrator’s recommendation by
official action within 15 working days.

In 13 contracts, the award may be either final or ad­
visory. Two Los Angeles County agreements, for ex­
ample, allow binding arbitration only if mutually agreed
to by both parties. Others limit final and binding arbitra­
tion to situations not involving adverse actions:
(145)

The arbitrator’s decision shall be entirely ad­
visory in nature, except that by mutual agreement
the parties may stipulate that the arbitrator’s
decision shall be final and binding upon the parties
involved.

(24)

The arbitrator’s award shall be final and bind­
ing except for adverse actions where arbitration is
advisory pursuant to Chapter 25, District Person­
nel Manual.

Limits on authority to award backpay. Only 15 percent
of the agreements contain provisions which limit the
arbitrator’s authority to award back pay:
Agreements
Total agreements having
arbitration.................... ........... 465
Agreements having limits
on back pay aw ards.................... ........... 69
No specific limits on
back pay awards........................... ........... 396

Workers
730,391
149,524
580,867

A few agreements are careful to emphasize that an award
in one instance will not serve as a precedent which will
require a back pay award in another case:
(146)

The decision of a majority of the Board of
Arbitrators in any case shall not require a retro­
active wage adjustment in any other case. Either
party may, prior to the submission of a dispute to
arbitration, state, and the opposite party is bound
to agree, that the award shall not be a binding
precedent in like or analogous situations pending
at that time.

Management’s liability for back pay awards is limited
in still other cases. No liability usually exists for any
grievance filed prior to the execution of the agreement.
Limited retroactivity is permitted in some cases, how­
ever:
(147)

(148)

In case of a grievance involving any continuing
or other money claim against the Facility, no
award shall be made by the arbitrator, which shall
allow any alleged accruals prior to the date when
such grievance shall have been presented to the
Facility in writing except in a case whereby the
employee or the union due to lack of knowledge
could not know prior to that date that there were
grounds for such a claim. In such cases, retroactive
claims shall be limited to a period of 30 calendar
days prior to the date the claim was first filed in
writing.
No issue whatsoever shall be arbitrated or
subject to arbitration unless such issue results from
an action or occurence which takes place following
the execution of this agreement and no arbitration
determination or award shall be made by an
arbitrator which grants any case of “back-pay” or
other economic awards prior to the submission of
the grievance.

As a rule, the amount of the award would not
generally exceed the amount of wages that a suspended
grievant would have normally received had he remained
employed. Thus, compensation from a job taken while
not employed by the agency would be considered in
computing back pay:
(149)

The arbitrator shall not have any authority to
add to, subtract from, or otherwise modify any of
the terms, clauses or provisions of this agreement.
Except as otherwise provided and limited by this
agreement, no grievance claiming back wages shall
exceed the amount of wages the employee other­
wise would have earned less any remuneration or
payments he may have received, during his period
of suspension from employment with the Uni­
versity.

Final level o f decision other than arbitration. More than
15 percent of the agreements having grievance proce­
dures call for the settlement of a dispute by someone
other than an arbitrator. In some cases an agreement

may call for a third party neutral (table 15), but most
often the power to settle remains in management’s
hands. Department or agency heads, or even the chief
executive for the government level involved frequently
are responsible for reaching a final decision. Under these
circumstances, the employee organization has little
power to affect the outcome except through persuasion.
In some contracts, this ultimate power of management is
ameliorated by giving the aggrieved recourse to the
courts, a costly avenue for the employee unless assisted
by the employee organization. In other agreements,
some final decision making power is placed elsewhere as
stipulated by law or civil service rule:
(150)

If the grievance is not settled at the third step,
the Council may appeal in writing within 10
working days to the department head, who may
confer with the aggrieved and the Council and
notify the aggrieved and the Council in writing
within 10 working days from receipt of appeal.

(151)

Third, and finally, if a satisfactory agreement is
not reached through completion of step two above
described, then the said grievance shall be for­
warded to the Board of Works of the said City in
written form and within 8 days after receiving said
grievance, the Board of Works will arrange for a
final meeting between the said Board, the ag­
grieved employee, and any representatives said
employee may select to help present his case. This
does not preclude the aggrieved employee’s right
to initiate civil action.

(152)

The aggrieved employee may then submit his
grievance to the Chairman of the Board of
Supervisors who, within 10 working days after he
receives the written grievance, will convene a
meeting between the aggrieved employee, his
Association Representative, and the Chairman of
the Board of Supervisors or other representatives
of the employer, for the purpose of resolving the
grievance. If the grievance is not resolved as a
result of this meeting, the grievance may be
submitted to the courts.

(153)

If the employee who has presented a griev­
ance . . . feels that the same has not been resolved,
a statement in writing shall be presented to the
City Manager which said statement shall set out
the nature of the grievance, the previous decisions
of each person to whom the same was submitted
and the reason it is felt that the same has not been
resolved . . . The decision of the Manager shall be
final except as otherwise provided by State law or
civil service rule.

A few provisions place the final decision in manage­
ment’s hands but also provide for factfinding with
recommendations.2 As noted earlier, management’s
power to make the final decision is diminished to the
2See PP» 15-16 for a discussion of factfinding.

extent that the parties and the public are aware o f the
fact-finder’s recommendations and the reasons for them.
There is a tacit pressure upon management to adopt the
recommendations, and if it does not, to present a
carefully reasoned justification for this action, or face
the consequences of what might be interpreted as an
arbitrary act:
(55)

(154)

(85)

The advisory panel shall review the grievance
and within 20 days from date of appointment of
third member, recommend a solution to the Mayor
and City Council. The Mayor and City Council
shall render the final decision.
. . . File second appeal to superintendent by the
aggrieved.. . (The aggrieved in his appeal may
request the assistance of an advisory commit­
t e e .. . to report its findings of fact and con­
clusions to all interested parties) . . . Decision must
be made within 7 days after the hearing . . . The
superintendent’s decision is final and binding
except in those cases which by law may be
appealed elsewhere. . . .
The employee grievance appeals committee
shall study the record of the case and shall hold an
informal hearing.
The committee shall notify the appointing
officer, the grievant and/or his representative, in
writing, of its recommendation within 7 working
days from the date of the conclusion of the formal
hearing.
Upon receipt of the committee’s recommenda­
tion, the appointing officer shall make a final
decision. . . If the appointing officer does not
accept the committee’s recommendation, he shall
fully set forth in writing his reasons for such
non acceptance, a copy of which shall be sent to
the Civil Service Commission.

A few agreements stipulate that mediation will be the
final step of the grievance procedure. Should the
mediator not succeed in his efforts, then, of course,
management’s view o f the matter would prevail. In these
few agreements, the grievance is referred to mediation
under existing law or forwarded to a mediation agency:3
(51)

Should the aggrieved employee and the union
consider the decision of Commissioner or his
appointed hearing officer to be unsatisfactory, the
union shall within 5 days of receipt of such
decision, notify the Commissioner in writing of Its
intention to have such grievance referred to

3For a discussion of mediation as an intermediate step in the
procedure see pp. 16-18 above.

Mediation, (N. D,
through 34-11-05.)

Statutes, Section 34-11-01

(155)

In the event the properly accredited officers or
representatives of both parties herein cannot
amicably settle any dispute or grievance arising out
of the terms, application or interpretation of this
agreement, the matter may be, upon petition by
either party, referred to the United States Media­
tion Service.

(53)

If all previous steps fail in reaching a satisfac­
tory settlement, the grievance may be referred by
the Association or the City to the Michigan State
Labor Mediation Board in accordance with pro­
visions set forth in Act 379 of the Public Acts of
Michigan of 1965, as amended, or either party
may take such other action as they may desire. If
the Association or the City requests a mediation
meeting, the other party will be so notified in
advance of the meeting.

Dissatisfied grievants may resort to legal action under
a few agreements. One provision restricted use of the
courts to instances where mediation was either refused
or it failed to result in resolution:
(156)

. . . In the absence of agreement to mediate, or
failure of mediation, the issue shall be resolved by
an action in a court of competent jurisdiction on
motion by either party.

In other provisions, settlement only could be
achieved by submitting the grievance to a labor-manage­
ment committee. These committees are generally
bipartite and are the only means o f dispute resolution
referred to in the agreement:
(157)

The purpose of the Grievance Committee shall
be to settle all grievances between the Fire
Department and the union as quickly as possible,
so as to insure efficiency and promote employee
morale. The Grievance Committee shall consist of
the Chief, Assistant Chief, and two firefighters
selected by the union.

(158)

Metro and the Association agree to create a
committee to be known as the “Policy Commit­
tee,” which shall be composed of not more than
five representatives of Metro and five representa­
tives of the Association. This committee shall meet
on call for the purpose of discussing the following:
(a) Any policy of Metro which will affect the
bargaining unit;
(b) Disputes which may arise from time to
time over the interpretation of the contract or
rules and regulations of Metro.

Chapter 4.

Official Time, Time Limits, and

Withdrawal of Grievances
Official time. There are two schools of thought concern­
ing payments to union representatives for time spent in
the preparation and processing o f grievance and arbitra­
tion cases. One opposes payments on the grounds that
the union steward, grievant and witness are carrying out
functions that are primarily o f interest to the union and
are of no benefit to management. According to this
school, paid union stewards are likely to spend a great
deal o f time finding and promoting grievances rather
than settling them quickly. The school supporting
payments holds that contract administration is a proper
task for both parties and that there is a mutual benefit in
resolving grievances. The work force, according to this
approach, is more productive when grievances are not
left to fester for long periods.
Nearly one-half o f the 591 agreements with grievance
procedures provided a paid time allowance to employees
for preparation or processing of grievances. (See table
16.) Specific reference to payments for time spent on
arbitration cases, however, are found in only 9 percent
of the agreements having arbitration. Conceivably, many
o f the provisions granting official time for processing
grievances, may in practice, apply to arbitration as well.
In a number of cases where the agreement is silent,
informal arrangements may exist for time off to prepare
and process grievance and arbitration cases.
Beneficiaries o f the payment rule are, for the most
part, union representatives, less often the grievant, and
least often the witness. (See table 16.) Again, informal
practice may exist which provides payments to those not
specified in provisions. In those clauses applying to
union officials, the definition of time off as “sufficient”
or “reasonable” introduced an element of discretion in
administering the provision. Nearly all of the clauses
required stewards to notify supervisors in advance of
when they expected to be away from their work sites:
(159)

Union stewards and officers shall be granted
sufficient time off during working hours to investi­
gate and to settle grievances without loss of pay.
Stewards will notify division heads before taking
such time off. In the absence of the Division Head,
they shall notify the immediate supervisor.

(160)

Union stewards and the union president shall
be granted reasonable time off during working
hours to investigate and settle grievances, upon
notice to their department head or immediate
supervisor, without loss of pay.

To avoid management abuse of its discretionary
power, several agreements state that permission to work
on grievances will not be unreasonably withheld:
(161)

Association representatives, as well as aggrieved
employees participating in the settlement of a
dispute, shall be paid at their normal pay rate by
the town except in the arbitration step of the
procedure. Association representatives and offi­
cers, before absenting themselves from work to
investigate complaints and grievances and working
conditions, or to discuss association business with
town authorities, shall be granted permission from
their immediate supervisor, which permission shall
not be unreasonably withheld, nor shall said
representative or officer of the association suffer
loss of pay.

Some provisions also permit paid time to the grievant
or to any witness who might be brought into the
proceedings. However, the time spent on grievancerelated activities can be excluded from calculations of
employee eligibility for subsequent overtime payment.
Moreover, if hearings extend beyond the normal work­
day, employees, as a rule, are not paid overtime:
(162)

E m p lo y ees su b m ittin g complaints or
grievances, employees involved in complaint and
grievance investigations, and employees attending
complaint and grievance meetings and proceedings
may do so during working hours without loss of
pay and without charge to annual or sick leave.
Time spent in such activity shall not be considered
“time actually worked” for purposes of computing
eligibility for overtime compensation.

(163)

At each step of the grievance procedure, the
employee shall be permitted to call, and the
employer will approve, a reasonable number of
employee witnesses necessary to the development
of facts who shall suffer no loss of pay or leave.
Overtime will not be paid any employee and
witness.

Payments for time spent on arbitration cases are far
more restrictive. In some instances, contracts stipulate
that time spent in arbitration-related activities is not
compensable time:
(106)

Any loss of time by the employee and his
representatives to attend [arbitration hearings]
shall n o t be compensated.

(164)

Employees, as grievants, witnesses or union
representatives shall not be paid for time spent in
arbitration proceedings.

In other contracts, however, the same payments apply to
arbitration and grievance cases alike:
(165)

In addition thereto, employees shall be granted
reasonable time during working hours without
penalty, to discuss grievances or other problems
connected with their employment with union
representatives, so long as permission has been
previously granted to do so by the employer, or to
testify before an arbitrator.

Witnesses, as a rule, are paid, and a local union officer
might be paid, but not stewards or grievance committee
members. Nonpayment to union officials is not unex­
pected since in general both union and management
traditionally pay their own expenses and equally share
those o f the neutral arbitrator:
(166)

(167)

The panel shall meet as promptly as possible.
The fees and expenses of the third arbitrator shall
be paid by the party against whom the arbitrator
renders an adverse decision. In the event more
than one grievance is referred to the same hearing,
the costs of the arbitration shall be divided
proportionately, the loser bearing the propor­
tionate share of the costs for the cases lost. All
other expense for witnesses or otherwise shall be
borne by the party incurring the cost. However,
any city employee called as a witness by either
side will continue to receive his regular rate of pay
while attending such hearing, not to exceed the
normal hours he would have been on duty.
Stewards and grievance committee members
shall suffer no loss of time or pay for time
necessarily lost from their regularly scheduled
working hours while investigating and presenting
grievances as provided in the grievance procedure,
but only the local unit President or his designated
representative shall be paid for the time necessarily
spent in attending the arbitration hearing . . .

Time limits. There is a consensus that the rapid
settlement of disputes is essential to the development
and maintenance of a good labor-management relation­
ship. When a grievance remains "
‘pending5' and the time

stretches out without resolution, recollections of what
originally happened become hazy and may affect sub­
sequent testimony at hearings. Resentment may build
up, tensions rise, and employee morale drop with
adverse results on production. Yet despite the desire to
avoid these results, the Federal Mediation and Concilia­
tion Service reported that in Fiscal 1973, the time spent
from initiation of a complaint until an arbitrator was
requested was 85 days. By the time an award was issued
a total of 257 days had passed.1
One way to minimize undue delays is to place time
limits on management, union, and grievant.2 The princi­
ple adopted here is that at each step of the procedure
one of the participants has the responsibility to act, and
if he does not, he waives any further grievance rights
that he may have. Such time limits are found in most
grievance procedures. (See table 17.)
The first person required to act within a given time
span is the grievant. He must file a complaint within a
given number of days from the actual occurrence or
from the time when he learned of the event. The actual
time limit may vary for different kinds of grievable
matters:
(168)

Grievances shall be promptly filed. To be
considered, a grievance must be filed at the first
step within 48 hours of its occurrence (exclusive
of Saturday, Sunday or a holiday) or when the
employee first became aware (or in the exercise of
reasonable diligence should have become aware) of
its occurrence, but in no case may a grievance be
filed more than 30 days after occurrence.

(72)

An employee and/or MNA may request the
settlement of a grievance by observing the follow­
ing procedure within the following designated time
limits after knowledge or reason to know of the
occurrence or failure of occurrence of the incident
upon which the grievance is based:
(a)
(b)
(c)

1 year for clerical errors;
30 days for other matters other than
dismissal;
1 week for discipline or dismissal.

Time limits may be set forth in great detail covering
various steps o f the grievance. Occasionally, time limits
may be waived under designated circumstances:
^ se r y , William J. Jr., “The Role of FMCS in Disputes
Settlement,” unpublished speech before the Labor-Management
Arbitration Conference, American Arbitration Association, Dec.
4 ,1 9 7 3 , Cleveland, Ohio.
2 Another approach is to adopt expedited arbitration pro­
cedures which are being experimented with in the steel industry
and at the Ford Motor Company. See M o n th l y L a b o r R e view ,
Nov., 1972, pp. 7 -1 0 .

is a Saturday, a Sunday, or a
legal holiday, in which event the
period runs until the end of the
next day which is not a Satur­
day, a Sunday, or a legal holi­
day.

( 1 6 9 ) T im e ta b l e f o r H a n d lin g G rie v a n c es:

L evel

D ea d lin e fo r
S u b m ittin g
G rie v a n c es

Immediate
Supervisor 30 days

D ea d lin e f o r
M eetin g

D e a d lin e fo r
R e a ch in g
D ecisio n

days

7 days

3 days

15 days

Superin­
tendent

10 days after
prior decision

Board of
Educa­
tion

Subd. 4.

3 days

10 days

1

10 days after
prior decision

Arbitra­
tion

Notice to
other party
10 days after
prior decision

Section 4. Time Limitation and Waiver: Grievances
shall not be valid for consideration unless the
grievance is submitted in writing to the school
board’s designee, setting forth the facts and the
specific provision of the Agreement allegedly
violated and the particular relief sought within
t w e n t y d a y s after the date the event giving rise to
the grievance occurred, or the employee had
reasonable knowledge thereof. Failure to file any
grievance within such period shall be deemed a
waiver thereof. Failure to appeal a grievance from
one level to another within the time periods
hereafter provided shall constitute a waiver of the
grievance. An effort shall first be made to adjust
an alleged grievance informally between the em­
ployee and the school board’s designee.

As Promptly as Possible

In the event of an emergency, act of God, or other
situation beyond the control of the parties, any
aggrieved person, the Superintendent, or any
immediate supervisor involved in a particular
grievance, the aforesaid time limits shall be sus­
pended during the pendency of the said condition
or conditions.
Often the days referred to are carefully defined as
working days to assure that no days are lost over a
weekend or other non-working days. Clauses may also
stipulate that a postmark will act as evidence of timely
filing even though the notice may be received after the
deadline has passed. There may be occasions when
deadlines cannot be met, and although it is contrary to
the purpose of time limits — namely to expedite the
movement o f grievances through the procedures - there
may be mutual agreement to extend a deadline. Only
rarely can one party extend it unilaterally:
(170)

(71)

All time Emits in this procedure shall refer to
working days. A working day is defined as all week
days not designated as holidays by State Law. The
filing or service of any notice or document herein
shall be timely if it bears a postmark of the United
States mail within the time period. The number of
days indicated at each level should be considered a
maximum and every effort should be made to
expedite the process.

(45)

However, any time specified for initiating or
processing the grievance under the grievance proce­
dure may be extended by either party for a period
not in excess of 5 working days. Any further
extension must be by mutual agreement. Satur­
days, Sundays and holidays shall not be included
within the limitation of time for processing
grievances where limitation is for “working days.”

S e c t i o n 3. D e f i n i t i o n s a n d I n t e r p r e t a t i o n s :

Subd. 1.

Extension: Time limits specified
in this Agreement may be ex­
tended by mutual agreement.

Subd. 2.

Days: Reference to days regard­
ing time periods in this proce­
dure shall refer to working days.
A working day is defined as all
week days not designated as
holidays in this contract.

Subd. 3.

Computation of Time: In com­
puting any period of time
prescribed or allowed by proce­
dures herein, the date of the act,
event, or default for which the
designated period of time begins
to run shall not be included. The
last day of the period so com­
puted shall be counted, unless it

Filing and Postmark: The filing
or service of any notice or docu­
ment herein shall be timely if it
bears a certified postmark of the
United States Postal Service
within the time period.

Time limits on the initial presentation of a grievance
are very important. If the employee or the union fails to
present a grievance within the specified limits, the
grievance invariably is considered to have been waived.
This also holds true for the appeal of a lower level
decision:
(171)

Failure to file a grievance or to process it
within stated periods shall be deemed a waiver of
the grievance . . .

(172)

Any grievance not processed in accordance
with the time limits provided above shall be
considered conclusively abandoned . ..

Treatment o f management’s failure to respond within
time limits is somewhat more varied. In fact, in most of
the cases where a management response to a grievance is
required within a specified time limit, no penalty is
indicated for failure to respond. (See table 18.)
Most commonly, in cases of management non­
response, the grievance moves to the next step in the
procedure upon union request:
(173)

. . . Grievances not answered by the Employer
within the designated time limits in any step of the
grievance procedure may be appealed to the next
step within 5 days of the expiration of the
designated time limits. . . .

(174)

Failure at any step of this procedure to
communicate the decision on a grievance within
the specified time limits shall permit the aggrieved
party to proceed to the next step. Failure at any
step of this procedure to appeal a grievance within
the specified time limits shall be deemed to be
acceptance of the decision rendered at that step.

As the FMCS statistics indicated, major delays occur
once all procedures short of arbitration have been
exhausted. Consequently, negotiators have attacked the
problem by establishing deadlines on the initiation of
arbitration, the selection of the arbitrator, and on the
delivery of the arbitrator’s decision. These are all less
frequently found than time limits dealing with grievance
phases of the procedure. (See table 17.)
Of the 465 agreements with arbitration procedures,
327, or 70 percent, set deadlines on the initiation of an
appeal to arbitration. Time limits here are greater than
for previous steps in the grievance procedure:
(176)

If the problem is not adjusted in the time
specified in Step Two, and involves the application
or interpretation of this agreement, Association
may submit it to arbitration. . . . If a problem is
not submitted to arbitration under this paragraph
within fifteen days after Step Two’s completion, it
will be barred.

(177)

If the decision of the Director of Nonacademic
Personnel is not accepted by the employee, the
case, on request of the employee shall be referred
to a Board of Arbitration; constituted in ac­
cordance with the provisions of Sections 2, 3, 4
and 5 of Article II above. If referral to a Board of
Arbitration is not requested within 60 calendar days
from the date of the decision of the Director of
Nonacademic Personnel, the case shall be con­
sidered as permanently and finally closed.

(178)

If a grievance or dispute with respect to the
interpretation or application of any of the terms
of this agreement is not satisfactorily settled, the
union may demand in writing that it be submitted
to arbitration before a Board of Arbitration,
hereinafter described and referred to as the
“Board”, and the District and the union shall
arbitrate such grievances or dispute. This demand
shall be served upon the District within 15 days
from the date of the delivery of the decision of the
General Manager of the District or his representa­
tive, on the grievance or dispute rendered in Step
Three of the grievance procedure . . .

A small number of contracts require management to
grant the requested remedy if it fails to respond to the
grievance within the specified time limits:
(136)

(175)

Failure to process the grievance within the time
limits established in the preceding steps presumes
that it has been satisfactorily resolved at the last
step to which it has been properly processed.
Failure on the part of the Fire Department’s
representatives to answer the grievance in the time
limits established in the preceding steps presumes
that the claim made in the grievance is sustained
and that the satisfaction requested will be
provided.
Failure by either party to observe the abovementioned time limits shall presumably resolve the
grievance in favor of the last party to act. Pursuant
to the above 5 steps, failure to observe the time
limits shall be a bar to further proceedings.

Other time limits apply to third party participants.
Only a few contracts establish limits for the preparation
of a written report following investigation by a fact­
finder. (See table 17.):
(82)

(55)

If the grievance is still unsettled, either party
may, within 15 days . . . after the reply of the
Personnel Director is due, by written notice to the
other, request a review by a panel, who shall
within 30 days recommend a solution to the
Council. The Council shall render the final deci­
sion.
The Advisory Panel shall review the grievance
and within 20 days from date of appointment of a
third member, recommend a solution to the Mayor
and City Council. The Mayor and City Council
shall render the final decision.

Over two-fifths o f the arbitration procedures limit
the time to be used in selecting the arbitrator. Once that
time has passed, outside assistance must be sought. As
noted previously, either a list is to be supplied for
further selection by the parties or the outside agency
will make the selection:
(179)

The arbitration procedure shall be as follows:
Within 7 working days after a timely request for
arbitration has been received by a party, the
parties shall determine whether they can agree
upon a person to serve as arbitrator. If within this
time they cannot agree, a request shall be made to
the Public Employe Relations Board for a list of 5
persons qualified and willing to serve. Both parties

shall have the right to strike tw o nam es from the
list; the party requesting arbitration striking the
first nam e, follow ed by the other party striking a
nam e, the process being repeated and the remain­
ing person being selected as arbitrator. As an
alternative m eth od , if consented to by both
parties, arbitration may be b y a team o f three
persons selected as follow s: Each party shall select
a m em ber and the first tw o m em bers shall select a
third m em ber, it being agreed that if w ithin 5 days
th ey cannot agree upon a third m em ber, he shall
be selected in the same manner as a single
arbitrator is selected w hen the parties cannot
agree.

Among these are clauses placing restrictions on with­
drawal or cancelling financial liabilities upon withdrawal.
Provisions generally allow the grievance to be with­
drawn at any step of the procedure. Many provisions
state that withdrawal may be made without prejudice,
meaning that withdrawal is not to imply anything
adverse regarding the employee organization’s position
or be detrimental to similar grievances which might be
filed in the future:
The U nion may withdraw a grievance w ith ou t
prejudice at any step o f the grievance procedure.

(1 8 4 )
(1 8 0 )

(1 8 3 )

All decisions o f arbitrators consistent w ith
Paragraph 33 and all pre-arbitration grievance
settlem ents reached by the union and the hospital
shall be final, conclusive, and binding on the
hospital, the union, and the em p loyees. Provided,
that a grievance may be w ithdraw n b y the union at
any tim e during Steps 1, 2, or 3 o f the grievance
procedure, and the withdrawal o f any grievance
shall not be prejudicial to the p osition s taken by
the parties as th ey related to that grievance or any
other grievances.

If the grievance has n ot been settled at Step 3
either party may refer it to arbitration w ithin 15
days o f the d isposition under Step Three. If an
arbitrator cannot be agreed upon w ithin 5 days
after receipt o f the request for arbitration, the
m atter will be subm itted to the A m erican Arbitra­
tion A ssociation for selection in accordance w ith
their procedures. . . .

Almost 30 percent of the arbitration procedures Emit
the arbitrator’s amount o f time for rendering a decision.
Thirty days is common, however, shorter periods o f time
are specified in some agreements:
(1 8 1 )

The im partial arbitrator shall mail a cop y o f his
opinion to the Secretary o f the A uthority and to
the em p loyee or his said representative w ithin 5
days after the close o f the hearing before him. . . .

(1 8 5 )

The decision o f the arbitrator shall be final and
binding on the parties, and the arbitrator shall be
requested to issue his decision w ithin 30 days after
the conclusion o f testim o n y and argument.

(1 8 2 )

Some provisions, however, only allow withdrawal
within a few days of introduction of the grievance:

Usually, the arbitrator suffers no penalty for failure
to meet deadlines. A specific reference to take the case
away from the arbitrator under such circumstances was
rare:
(9 5 )

The findings o f the arbitrator shall be final and
binding on b o th parties provided such findings are
delivered to the city and the union within 30 days
o f the hearing or the filing o f briefs, w hichever is
later. If such findings are not filed w ithin the
stated tim e lim it, the arbitrator loses jurisdiction.

Withdrawal o f the grievance. Provisions for the with­
drawal of a grievance were negotiated in 7 percent of the
agreements:
Agreem en ts

Total agreements having
grievance procedures. . .
Grievance may be withdrawn ...........
No reference to grievance withdrawal

591
39
552

Workers

802,661
29,624
773,037

If the m atter is not w ithdraw n b y the nurse or
settled w ithin 5 calendar days o f subm ission to the
D irector o f Nursing Service, the question shall be
autom atically and im m ediately referred to the
A dm inistrator or his representative and a repre­
sentative o f the A ssociation.

Other procedures disallow withdrawal of any griev­
ance once it is referred to arbitration unless withdrawal
is agreed to by both parties:
(1 8 6 )

A grievance w hich has been referred to an
arbitrator m ay not be w ithdraw n b y either party
excep t by m utual consent.

A grievance once withdrawn can only be reinstated if
the parties agree to it:
(9 3 )

The union m ay withdraw any grievance w ith­
out prejudice at any step, how ever, the grievance
w ithdraw n may not be re-instated.

(9 1 )

A grievance m ay be w ithdraw n at any level
w ith ou t prejudice. A grievance m ay be reopened
w ithin 6 days o f its withdrawal if the Board, the
A ssociation and the aggreived person agree.

A number of agreements provide for the cancellation
of financial liabilities upon withdrawal of the grievance:
(1 8 7 )

A grievance may be w ithdraw n, and, if so
w ithdraw n, all financial liabilities shall be can­
celled. Where one or more grievances involve a
similar issue, these grievances m ay be withdrawn
pending the disposition o f the appeal o f a repre­
sentative case.

Chapter 5.

Appeals From Disciplinary Action

In most instances, appeals from disciplinary action
(i.e., from letters o f reprimand, suspensions, demotions,
and so forth) are handled through the regular grievance
procedure, but in 58 agreements out o f the 655 studied,
special appeals arrangements were available. Contrary to
nongovernment experience where the normal grievance
procedure is accelerated by skipping earlier steps, these
special arrangements more often provided for a separate
hearing or appeal.
Disciplinary appeals provisions specify the kinds of
actions that are within the scope o f the special proce­
dure and also stipulate the grievant’s rights to representa­
tion:
(188)

Dismissals, suspensions, demotions and disci­
plinary actions of any type shall not be a subject
for the grievance procedure but shall be processed
according to the procedures of the Personnel
Appeal Board.

(189)

Disciplinary hearings. Any disciplinary action
by the Chief of Police, or the Acting Chief, against
any member of the Portland Police Department
covered by this agreement upon any charge of
violation of department rules, inefficiency, in­
competence, misconduct, negligence, insubordina­
tion, disloyalty or other charge shall be taken only
after due itotice and hearing.
The member so charged shall have the right to
be accompanied by legal counsel at the hearing as
well as by a member of the Board of Directors of
the Police Benefit Association. The policeman so
charged shall have the right to confer with his
counsel at any time during the hearing and shall
have the right to have his counsel speak on his
behalf.

Other clauses briefly indicate applicable laws or codes
outside the grievance procedure available to the disci­
plined employee in his appeals:
(156)

Grievances, disputes, or disagreements involving
removals, demotions, or suspensions shall be re­
solved as provided by the civil service provisions of
the Santa Monica Municipal Code and the City
Charter.

(190)

All disputes concerning disciplinary proceed­
ings shall be resolved under the provisions of
Section 75 of the Civil Service Law only.

(191)

If an employee elects to appeal a suspension of
more than 5 days or a dismissal through Civil
Service channels, it may not subsequently be
processed as a grievance.

Where the disciplinary action is upheld, the grievant
in some instances may seek legal remedy:
(192)

Any person believing himself aggrieved by a
penalty, or punishment of demotion in or dis­
missal from service or suspension without pay, or a
fine imposed pursuant to the provisions of this
Section, may appeal from such determination by
an application to the New York Supreme Court in
accordance with the provisions of Article 78 of the
Civil Practice Law and Rules.

(193)

An employee so disciplined or discharged shall
be entitled to establish that he did not violate the
provisions of this agreement by filing with the
Board within 10 days after any action has been
taken and the Board shall thereafter, within 10
days commence a proceeding for the purpose of
determining whether or not the employee has
violated this agreement. A decision shall be ren­
dered within 10 days after the hearing and the
employee shall have a right of review by a trial in
the Circuit Court pursuant to the provisions of
3-18-16 and 3-18-17 SDCL 1967.

(194)

Any personnel action taken by the Employer
which it is thereafter agreed by him or found by
an arbitrator, the Personnel Division, the Public
Employe Relations Board or a court to have been
improper or contrary to a provision contained in
this agreement shall be promptly corrected, and an
employe deprived of rights by such action shall be
furnished retroactive relief to the extent possible
under law and the rules of the Personnel Division.

Some hearings provisions also deal with the selection
of the hearing officers who, as in the example below,
may not be an employee of the agency involved in the
case:
(195)

The hearing upon charges shall be held by a
person or persons designated from a panel estab­
lished by the Department of Civil Service upon
mutual agreement by the State and CSEA. The
hearing officer so designated shall in no event be
an employee of the same State department or
agency as the employee against whom charges have
been brought. . . .

In seven agreements, a special board was convened
solely for the purpose of hearing appeals of disciplinary
actions. The decision of these boards could generally be
appealed further to arbitration:
(196)

No permanent employee shall be dismissed,
discharged, suspended, fined, reduced in rank or
disciplined in any other manner except for just
cause. If any permanent employee is disciplined
and in the judgment of such employee this action
is taken by the City without just cause, he may, no
later than 7 days after the date of such action,
appeal in writing to the Board of Fire Commis­
sioners to have the action rescinded or to have the
severity of the punishment reduced. Within 14
days after receiving such appeal, said Board of Fire
Commissioners shall arrange to and shall meet with
the Union’s Grievance Committee for the purpose
of attempting to resolve this dispute. If such
employee is dissatisfied with results of such
meeting, he may, no later than 7 days thereafter
submit such dispute in writing to the Personnel
Appeals Board. If such Appeals Board fails to
resolve the dispute to the satisfaction of such
employee within 14 days of the date it receives
such dispute, he may, no later than 10 days after
the Appeals Board renders its decision or after the
expiration of such 14 day period, whichever comes
first, submit such dispute to arbitration by the
Connecticut State Board of Mediation and Arbitra­
tion or the American Arbitration Association as
noted below and such Board shall hear the dispute
and render a decision which shall be final and
binding on all parties. Said Board of Mediation and
Arbitration shall have the power to uphold the
action of the City or to rescind or modify such
action and such power shall include, but shall not
be limited to the right to reinstate a suspended or
discharged employee with full back pay. Nothing
contained herein shall prevent any employee from
representing himself in these appeal procedures.

the department, the employe involved, and a copy
of the grievance.
(198)

In all cases of disciplinary action including
moral turpitude, the Board of Education shall
select one arbitrator, the other party shall select
one arbitrator, and both arbitrators so selected
shall choose a member of the cloth as the third
arbitrator who shall be the Chairman.
In other cases, the above procedure shall be
followed except that the third member of the
panel may be any impartial person. The expenses
of arbitration shall be divided equally between the
parties.

Most of the agreements containing arbitration as part
of the disciplinary procedure provide that the decision
reached by arbitration will be final and binding rather
than advisory:
(199)

In the event that the disciplined employee
rejects the decision of the Executive Director, the
matter may be submitted to binding arbitration.
All requests for binding arbitration shall be filed
within ten working days after receipt of the
decision of the Executive Director. Copy of said
request shall be given to the Authority.

(200)

Only the Union may request advisory arbitra­
tion on behalf of an employe who has been
disciplined, provided that the action is properly
appealable under the provisions of Section 63.43
of the Wisconsin Statutes in accordance with the
rules and regulations promulgated thereunder by
the Commission. . . .

(201)

The decision of the arbitrator in disciplinary
matters under Step 3A above shall not be con­
sidered binding on either the Court or the Union,
but shall be advisory in nature and in the event
that either party fails to carry out the decision, the
other party shall have the option, within 7 days
after receipt of the written decision of reopening
the Statement of Policy on those paragraphs giving
rise to the disciplinary action, if any.

Twenty-three of the 58 agreements with a separate
disciplinary procedure include arbitration. One specified
that a member of the clergy would be one o f the
neutrals in all disciplinary procedures:

A few agreements provide for remedies where disci­
plinary action is found to be wrong or inappropriate:

(197)

(202)

An appeal from an unfavorable decision at Step
IV in the case of a suspension, demotion or
discharge may be initiated by the Association
serving upon the Employer a notice in writing of
its intent to proceed to arbitration within 7 days
after receipt of the Step IV decision. Said notice
shall identify the provisions of the memorandum,

In a dispute involving disciplinary action, the
Board, or the arbitrator(s) so selected shall have
the power to uphold the action of the City or to
rescind or modify such action, and such power
shall include, but shall not be limited to the right
to reinstate a suspended or discharged employee
with full back pay.

Level of government
Region

All agreements

Municipal

County

State

Special district

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

T o ta l........................

655

870,685

82

228,692

138

148,362

253

283,002

182

210,629

New England ..........................
Middle Atlantic ......................
East North C entral..................
West North Central..................
South Atlantic .........................
East South Central..................
West South Central..................
M ountain.................................
Pacific .....................................

75
109
218
40
48
6
3
24
132

54,086
458,236
170,046
18,840
47,594
1,831
3,861
8,389
107,802

16
17
26
6
7
1

31,019
155,007
20,517
8,413
2,191
169

1
31
47
9
8
2

712
50,514
24,235
1,384
11,482
1,321

37
35
75
10
18
1
1
15
61

12,411
188,498
48,548
2,677
8,843
100
700
4,871
16,354

Table 2.

—

—

1,174
10,202

2
7

—

—

2
38

188
58,526

21
26
70
15
15 :
2
2
5
26

9,944
64,217
76,746
6,366
25,078
241
3,161
2,156
22,720

State and local agreements by size of bargaining unit and level of government, 1972—73
Level of government

Size of
bargaining unit

All agreements
County

State

Municipal

Special district

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

T o ta l........................

655

870,685

82

228,692

138

148,362

253

283,002

182

210,629

5 0 -9 9 .....................................
10 0-1 49 .................................
150-249 .................................
2 5 0-4 99 .................................
50 0 -9 9 9 .................................
1,000-2,999 ..........................
3,000-4,999 ..........................
5,000-9,999 ..........................
10,000-99,999 ......................
100,000 and o v e r....................

123
99
97
122
79
82
21
18
13
1

8,608
11,512
17,965
43,872
53,977
139,425
77,092
115,612
282,622
120,000

3
1
11
18
14
22
2
5
6
-

229
120
2,148
6,341
8,544
38,110
7,200
32,500
133,500
-

21
24
16
33
12
18
7
5
2
-

1,426
2,696
3,048
12,139
8,541
33,531
26,407
31,412
29,162
-

66
48
47
41
26
18
2
1
3
1

4,665
5,631
8,417
14,390
18,123
29,716
7,200
8,400
66,460
120,000

33
26
23
30
27
24
10
7
2
-

2,288
3,065
4,352
11,002
18,769
38,068
36,285
43,300
53,500
-

Table 3.

Duration of State and local agreements by level of government, 1972—73
Level of government
All agreements
Duration

State
Agree­
ments

Workers

Agree­
ments

T o ta l........................

655

870,685

82

Less than 12 months .............
12 m o n th s...............................
13—23 m onths........................
24 m o n th s...............................
25— m onths........................
35
36 months ...............................
More than 36 months.............

18
196
66
197
47
89
42

18,595
219,794
81,088
180,047
74,631
259,347
37,183

County

Municipal

Special district

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

228,692

138

148,362

253

283,002

182

210,629

_

_

23
15
20
6
10
8

122,281
38,028
28,222
5,120
29,433
5,608

5
51
11
38
8
19
6

8,460
38,419
8,714
57,047
13,844
10,825
11,053

10
71
26
70
18
39
19

5,215
16,619
11,916
23,132
10,419
205,201
10,500

3
51
14
69
15
21
9

4,920
42,475
22,430
71,646
45,248
13,888
10,022

Workers

Table 4.

Occupational coverage of State and local agreements in grievance and arbitration study by employee

organization, 1972—73
Employee organization
All agreements
Occupation

Independent

AFL-CIO

Multiple
Affiliations

Association

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

T o t a l........................

655

870,685

403

538,563

19

12,942

230

317,933

3

1,247

Blue-collar ...............................
Professional and/or
technical.............................
Clerical.....................................
Police and/or f i r e ....................
Blue-collar and
clerical.................................
Professional and/or
technical and clerical.........
Blue-collar and professional
and/or technical ...............
Clerical and police
and/or f ir e ..........................
General coverage ....................

162

103,832

145

90,447

7

6,630

9

5,862

1

893

129
20
139

196,532
43,487
62,716

30
7
68

58,464
40,025
27,067

138,068
3,374
30,711

22

14,367

18

6

49,783

16
1
160

Table 5.

1
1

—
88
266

6

4,672

99
12
64

12,687

2

510

2

1,170

—

—

3

32,000

—

—

3

17,783

—

-

18,804

15

18,754

-

-

1

50

-

-

400
380,764

1
116

400
258,719

—

—

—

40

120,915

-

—

-

-

—

—

—

1,130

4

—

—

-

State and local agreements by agency function and level of government, 1972—73
Level of government
All agreements

Agency function

State
Agree­
ments

T o ta l........................
Agriculture...............................
Central administration...........
Central services........................
Correctional institutions.........
Courts .....................................
Education.................................
Employment compensation . .
Fire protection........................
Health and medical..................
Law enforcement....................
Legal departments ..................
Libraries...................................
Parks and recreation...............
Public transportation.............
Public utilities ........................
Public works.............................
Regulating agencies ...............
Sanitation.................................
Social welfare..........................
Urban development................
Multiple agency coverage . . . .

County

655
2
9
3
7
7
171
5
66
63
71
1
1
3
31
3
54
3
6
14
7
128

Workers

Agree­
ments

870,685

82

510
26,060
1,147
47,060
3,109
172,313
11,700
19,728
59,518
38,189
249
200
1,635
69,107
277
20,239
4,350
3,670
30,979
7,377
353,268

2
3
—

4
—

26
5
—
14
2
—
1
—
7
3
—
3
12

Workers

Agree­
ments

228,692
510
20,660
—

45,950
—
29,434
11,700
—
26,136
3,800
—
—
8,800
—
9,230
4,350
—
8,500
59,622

Municipal

Workers

Agree­
ments

138

148,362

—
4
2
2
1
1
3
28
15
—
—
1
—
24
1
9
41

_
4,384
629
210
3,109
109
2,275
16,952
14,660
-

—
90
—
4,770
850
2,079
98,245

Special district

Workers

Agree­
ments

Workers

253

283,002

182

210,629

_

_
1,016
518
900
—
—
17,453
15,680
19,729
249
200
1,635
1,694
277
5,080
' 2,820
20,400
—
195,351

_

2
1
1
—
63
19
54
1
1
3
3
3
21
5
2
74

—

—
—
_
144
—
2
—
—

—
—
26
—
2
—
_
7
1

_
—
—
_
142,770
—
—

750
—
—
—
—
58,523
—
1,159
—
_
7,377
50

1972—73
Level of government
Grievance
procedure

/-nii agreements
Municipal

County

State

Special district

Agree*
ments
T o ta l........................
Reference to
grievance procedure...........
Agreements specify­
ing grievance ...........
Agency pro­
cedure only ..
Negotiated pro­
cedure only
Agency and
negotiated
procedure . . .
Optional ..
Varies for
dif­
ferent
steps . .
Subject to negotiations.
No reference to grievance
procedure ..........................

Table 7.

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

655

870,685

82

228,692

138

148,362

253

283,002

182

210,629

597

805,210

80

218,769

123

142,633

222

239,510

172

204,298

591

802,661

80

218,769

122

142,533

218

237,361

171

203,998

58

160,538

7

4,590

22

21,587

26

127,046

3

7,315

512

609,519

64

191,329

97

118,761

185

108,506

166

190,923

21
17

32,604
11,876

9
7

22,850
7,250

3
3

2,185
2,185

7
6

1,809
881

2
1

5,760
1,560

4

20,728

2

15,600

1

928

1

4,200

6

2,549

58

65,475

_

_

2

9,923

1

100

4

2,149

1

300

15

5,729

31

43,492

10

6,331

Scope of grievance procedure in State and local agreements by level o f government, 1972—73
Level of government
Grievance
procedure

All agreements
State

County

Municipal

Special district

Agree­
ments
T o ta l........................
Agreements with grievance
procedures..........................
Total with scope of
grievance procedure...........
All disputes ..................
Interpretation or
application
of agreement...........
Scope not defined ..................

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

655

870,685

82

228,692

138

148,362

253

283,002

182

210,629

591

802,661

80

218,769

122

142,533

218

237,361

171

283,998

536
103

755,505
68,316

78
11

217,551
19,432

96
20

124,345
11,803

201
45

229,662
10,893

161
27

183,947
26,138

433
55

687,189
47,156

67
2

198,119
1,218

76
26

112,542
18,188

156
17

218,769
7,699

134
10

157,759
20,051

Level of government
Specific inclusions and
exclusions

m ii

agreements
County

State

Special district

Municipal

Agree­
ments
T o ta l........................
Agreements with grievance
procedures ..........................
Specific inclusions..................
Specific exclusions..................
Disciplinary
action ......................
Other than
disciplinary
action1 ....................
Disciplinary action and
non-discipl inary
issues........................
Issues covered by laws,
rules or
regulations................

Wor kers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

655

870,685

82

228,692

138

148,362

253

283,002

182

210,629

591
98
50

802,661
143,964
80,731

80
10
6

218,769
34,856
24,869

122
29
20

142,533
38,582
38,706

218
38
13

237,361
28,922
5,847

171
21
11

203,998
41,604
11,309

19

24,952

2

8,200

6

5,686

7

3,257

4

7,809

11

15,906

2

12,169

1

100

3

712

5

2,925

18

38,093

1

3,200

13

32,920

3

1,878

1

95

2

1,780

1

1,300

1

480

1 Ite m s fre q u e n tly m e n tio n e d w e re th e rate o f c o m p e n s a tio n ,
re tire m e n t ben e fits , po sition classifications, th e results o f C ivil
Service e x a m in a tio n s and re d u c tio n s in fo rc e .

N O T E : Nonadditive.

Table 9.

Employee organization role in grievance procedures by level of government and employee organization in

State and local agreements, 1972—73

All agreements
Levei of government

/-\yreemem.5
with grievance
procedures

Employee organization role in
handling an individual grievance

Employee
organization
may initiate
grievance

Must represent

Total

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

T o ta l........................

655

870,685

591

802,661

140

315,205

385

565,855

119

77,729

State..........................................
County.....................................
Municipal.................................
Special d is trict........................

82
138
253
182

228,692
148,362
283,002
210,629

80
122
218
171

218,769
142,533
237,361
203,998

31
25
43
41

154,636
31,594
51,664
77,311

61
78
144
102

208,046
101,644
100,718
155,447

17
27
52
23

16,016
6,741
40,465
14,507

T o ta l........................

655

870,685

591

802,661

140

315,205

385

565,855

119

77,729

AFL-CIO .................................
Independent .............................
Associations.............................
Combinations..........................

403
19
230
3

538,563
12,942
317,933
1,247

381
18
190
2

487,876
12,832
300,972
981

89
1
49
1

151,172
350
162,790
893

256
11
118
-

313,168
6,030
246,657
-

98
3
18
-

64,388
590
12,751
-

EMPLOYEE ORGANIZATION

Employee organization role in
handling an individual grievance
Has right
to
attend

Attendance
not
required

Representative
not from
employee
organization
permitted

Reference to
employee
organization
grievance
committee

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

T o ta l...........................

142

226,447

124

261,679

82

107,104

167

98,321

State ............................................
C ounty........................................
Municipal...................................
Special d is trict...........................

22
35
43
42

39,852
66,770
22,354
97,471

22
16
49
37

152,178
28,133
37,899
43,469

17
11
20
34

21,495
30,981
6,303
48,325

12
42
73
40

14,030
16,763
41,181
26,347

T o ta l...........................

142

226,447

124

261,679

82

107,104

167

98,321

AFL-CIO ...................................
Independent ...............................
Associations...................... .. . . .
Combinations.............................

86
7
49
-

137,156
5,040
84,251
-

72
1
51
-

111,624
400
149,655
-

49

51,917

118
3
45
1

67,636
293
29,499
893

EMPLOYEE ORGANIZATION

NOTE:

N o n a d d itiv e .

—

33
-

—

55,187
-

Table 10.
1 9 7 2 -7 3

Selected grievance resolution procedures 'n State and local agreements by level o f government,

Level of government
Selected grievance
resolution procedure

agreements

m ii

County

State

Municipal

Special district

Agree­
ments
Agreements with
grievance procedures
Total with selected
grievance resolution
procedure ...........................
Factfinding....................
Mediation......................
Arbitration....................
Factfinding and
arbitration...............
Mediation and
arbitration...............
No selected procedure...........
Total with selected
grievance resolution
procedures1 ......................
Total with
factfinding...............
Total with
mediation ...............
Total with
arbitration...............

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

591

802,661

80

218,769

122

142,533

218

237,361

171

203,998

496
13
15
444

745,889
10,256
3,882
717,285

70

207,292

102

129,102

—

—

—

—

1
65

366
197,936

175
4
9
155

225,876
436
2,688
219,845

149
9
3
127

183,619
9,820
318
171,473

8

2,548

2

905

6

1,643

16
95

11,918
56,772

4
10

8,990
11,477

3
20

561
13,431

5
43

2,002
11,485

4
22

365
20,379

496

745,889

70

207,292

102

129,102

175

225,876

149

183,619

21

12,804

6

1,341

15

11,463

31

15,800

5

9,356

5

1,071

14

4,690

7

683

468

731,751

69

206,926

100

128,592

162

222,752

137

173,481

2
97

510
128,031

1 N o n a d d itiv e .

Table 11.

Arbitration referral procedures instate and local agreements by level of government, 1972—73
Level of government

Procedure for referral
to arbitration

mm

ayreemem.:*
County

State

Municipal

Special district

Agree­
ments
Total agreements
with
arbitration .........
Agreements with referral
procedures..........................
Mutual consent.............
Either p a r ty ..................
Union o n ly ....................
Employee o n ly .............
Either union or
employee..................
Automatically .............
Reference to arbitration;
no reference to
referral ...............................

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

465

730,391

68

205,926

100

128,592

160

222,392

137

173,481

438
14
198
174
22

700,122
5,690
260,267
373,836
36,860

66
1
36
21
5

203,799
600
130,667
58,562
8,540

93
2
44
39
4

119,728
149
29,131
69,981
13,782

151
4
80
53
1

217,570
723
47,414
165,499
70

128
7
38
61
12

159,025
4,218
53,055
79,794
14,468

27
3

23,062
407

2
1

5,250
180

4

6,685
-

12
1

3,767
97

9
1

7,360
130

27

30,269

2

2,127

7

8,864

9

4,822

9

14,456

-

Level of government
Provision

County

State

Municipal

Special district

Agree­
ments
Agreements with
arbitration .........
STATUS OF
ARBITRATOR
Ad hoc (temporary)...............
Permanent ...............................
No reference to status
of arbitrator ......................
ARBITRATION
MACHINERY
Total referring to type
of machinery......................
Single arbitrator...........
Arbitration board.........
Optional........................
State agency —
no detail ..................

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

465

730,391

68

205,926

100

128,592

160

222,392

137

173,481

410
19

518,322
64,056

63
1

196,436
500

91
5

117,311
8,003

134
8

73,560
22,023

122
5

131,015
33,530

36

148,013

4

8,990

4

3,278

18

126,809

10

8,936

441

571,145

65

198,286

96

126,955

149

76,967

131

168,937

310
106
15

491,937
64,165
12,152

56
7
2

195,207
2,449
630

67
26
3

107,958
15,724
3,273

97
38
6

58,816
8,550
7,280

90
35
4

129,956
37,442
969

10

2,891

-

-

8

2,321

2

-

-

iI
I
i

570

Level of government
Selection of
arbitrator

All agreements
State

County

Municipal

Special district

Agree­
ments
Total agreements
with arbitration .
Reference to selection of ad
hoc arbitrator or
chairperson........................
Agency and union
select........... ............
If parties unable to
agree, outside
agency provides
lis t.............................
If parties unable to
agree, outside agency
selects1 ....................
Apsncy and union
u^ect from outside
agency lis t ...............
Outside agency
appoints ..................
Other methods
indicated2 ...............
Reference to selection of
permanent arbitrator
or chairperson....................
Named in agreement . . .
Agency and union
ap p o in t....................
Selection made from
permanent panel . . .
If parties unable to
agree, selection
is made according
to American Arbitra­
tion Association
rules ........................
Other methods
indicated3 . . . . . . . .
Reference to outside
agency used in
arbitration..........................
Federal Mediation and
Conciliation
Service........... ..
American Arbitration
Association.............
State or local
labor agency...........
American Arbitration
Association or,
State or local labor
agency ......................
Judge .............................
Choice between alter­
native agencies.........

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

465

730,391

68

205,926

100

128,592

160

222,392

137

173,481

410

518,322

63

196,436

91

117,311

134

73,560

122

131,015

39

31,098

4

13,450

10

6,502

12

2,539

13

8,607

199

198,913

45

61,466

30

43,691

65

34,405

59

59,351

59

43,015

2

506

23

34,997

18

2,993

16

4,519

75

210,938

12

121,014

15

17,397

21

15,769

27

56,758

29

20,805

12

14,474

11

5,026

6

1,305

9

13,553

-

1

250

7

12,828

1

475

19
5

64,056
33,008

5

-

8,003
-

8
2

22,023
708

5
3

33,530
32,300

6

1,705

2

515

3

690

2

20,480

1

20,000

1

480

2

6,593

4

2,270

393

510,934

61

24

11,852

188

1

500
-

1

500

_

_

_

_

_

2

6,593

1

895

2

625

1

750

184,876

83

117,402

134

81,569

115

127,087

1

900

1

400

18

7,789

4

2,763

202,645

34

38,982

38

40,559

53

28,291

63

94,813

156

263,923

22

131,070

40

64,692

51

39,470

43

28,691

13
6

23,280
435

2

8,100
—

2
1

11,600
61

7
3

3,181
153

2
2

399
221

6

8,799

2

5,824

90

2

2,685

1

200

-

-

1 Includes 11 agreem ents covering 3 3 ,3 6 3 e m p loyees in Los
Angeles C o u n ty w h ic h pro v id e fo r selection b y th e parties, if
th e y are u n ab le to agree, a local agency ap p o in ts th e a rb itra to r.
2 In o th er agreem ents an ou tsid e agency w o u ld act as
a rb itr a to r, a judge w o u ld a u to m a tic a lly select an a rb itra to r or
th e agency and u n ion w o u ld select fr o m a list in th e a g ree m e n t.
If th e parties w e re unable to agree a judge could m ak e th e
selection or a S ta te agency m em b e r could be a p p o in te d .

___ 1

3 O th e r m eth ods in clu d e selection f r o m a local bar associa­
t io n , o r, in th e case o f im passe, b y th e A m e ric a n A r b itr a tio n
A ssociation; and b y a go vernor and c ity com m is sio n . In o n e
instance a local civil service b o ard a u to m a tic a lly acted as an
a rb itra tio n panel.
NO TE:

N onadditive.

Level of government
m ii

Status of arbitrator's
decision

agreements
State

County

Municipal

Special district

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

465

730,391

68

205,926

100

128,592

160

222,392

137

173,481

439
45
381

582,995
81,167
473,823

64
4
58

198,060
6,019
181,541

94
22
70

119,124
58,771
57,658

150
3
144

98,516
2,638
94,838

131
16
109

167,295
13,739
139,786

13

28,005

2

10,500

2

2,695

3

1,040

6

13,770

26

147,396

4

7,866

6

9,468

10

123,876

6

6,186

Agreements with
arbitration..........................
Reference to status of
arbitrator's
decision...............................
Advisory........................
Binding..........................
Varies with
grievance issue.........
No reference to status
of arbitrator's
decision...............................

Table 15.

Level of decision when other than arbitration in State and local agreement grievance procedures by

level of government, 1972—73

____________
Level of government
m i i

agreem ents

County

State

Level of decision

T o t a l ..........................

Special district

. , kers

Agre-'men ts

Workers

Agree­
ments

Workers

138

!■- 3, 362

253

283,002

182

210,629

218,769

122

142,533

218

237,361

171

203,998

6

3,233

18

15,388

40

8,529

31

23,404

29,347

4

2,775

11

10,435

25

5,170

14

10,967

13
14

10,256
3,741

1

366

2

510

4
8

436
2,547

9
3

9,820
318

4

1,560
4,194
1,45F

2

1,325

3,943
500

235
141

2

4

Agree­
ments

Agreements with griev­
ance procedures ...................
Final decision other
than a rb itra tio n ...................
Management
o ffic ia l........................
Management
official with
results of
factfinding.................
M ed ia tio n ........................
Labor-management
committee1 ..............
Court of Law2 ..............
State agencies ..............

Municipal

Workers

Agree­
ments

Workers

655

870,685

82

228,692

591

802,661

80

95

50,554

54

6

4

_

_

—

—

1

1 C ontain s 3 agreem ents covering 1 ,4 0 0 w o rk e rs w itn b ip a rtite c o m m itte e s and 1 a g ree m e n t covering 1 6 0 w o r k a r s w i t h
tripartite c o m m itte e .

Ag-'eern ^ n i

_
92

_
1

1

—

—

1

110

2

864

2 In cludes one a g ree m e n t covering 1 41 w o rk e rs w h ic h fir s t
a tte m p ts s e ttle m e n t b y m e d ia tio n ,

Table 16.

Personnel eligible for official time allowances in State and local agreements, 1972—73
Official time allowance
for—
Official
time

Personnel eligible

A g ree ­
m en ts

Grievance
preparation
and processing
A g ree ­
m en ts

Workers

Arbitration

Workers

A gree­
m ents

Workers

T o ta l.......................................

285

339,685

280

334,160

40

47,314

Grievant...................................................
Union representative.............................
Employee witness .................................

107
259
37

164,360
301,085
42,291

101
259
27

156,897
301,085
35,243

28
32
24

40,309
38,788
31,474

NOTE:

Table 17.

N o n a d d itiv e . A g re e m e n t m ay c o n ta in m o re th a n o n e pro v is io n .

Time limits on grievance and arbitration procedures in State and local agreements by level of government,

1972-73
Level of government
Impost ion of
time limits

All agreements
State

County

Municipal

Special district

Agree­
ments
T o t a l........................
Total agreements with
grievance
procedures......... .............
Total agreements with
grievance time
lim its...................................
Time limit on:
Grievance
initiation ..................
Management
response .................
Appeal to higher
level..........................
Factfinding
report ......................
Invoking
arbitration...............
Selection of
arbitrator..................
Arbitrator's
decision....................
N O T E : N o n a d d itiv e .

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

655

870,685

82

228,692

138

148,362

253

283,002

182

210,629

80

218,769

122

142,533

218

237,361

171

203,998

59

- •

528

645,151

75

214,809

107

127,976

190

109,451

156

192,915

372

551,994

65

208,468

63

88,747

133

92,346

111

162,433

483

513,493

73

214,363

96

119,391

174

105,086

140

180,653

437

606,336

70

213,692

88

117,674

151

100,502

128

174,468

21

31,160

2

780

4

13,909

5

1,121

10

15,350

327

504,928

59

189,540

68

90,356

105

84,729

95

140,303

197

215,516

41

57,517

38

63,676

56

35,322

62

58,991

137

189,901

23

32,603

23

24,975

37

23,615

54

108,708

Table 18.
Effect of management nonobservance of time limits in State and local agreements by level of
government, 1972—73
Level of government
Effect of
nonobservance

am

agreements
State

County

Municipal

Special district

Agree­
ments
T o ta l........................
Total reference to time
limit on manage­
ment response....................
Total with penalty for
nonobservance
of time limit ......................
Grievance advances
to next step.............
Remedy granted...........
No reference to p e n a lty .........

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

655

870,685

82

228,692

138

148,362

253

283,002

182

210,629

483

619,493

73

214,363

96

119,391

174

105,086

140

180,653

137

314,880

23

121,256

25

74,511

39

46,458

50

72,655

114
23
346

301,264
13,616
304,613

20
3
50

118,446
2,810
93,107

21
4
71

69,786
4,725
44,880

29
10
135

43,393
3,065
58,628

44
6
90

69,639
3,016
107,998

Appendix A.

Identification of Clauses

Employee organization affiliated with the AFL-CIO unless otherwise indicated as
independent union or association.

Employer and union
1

2
3

4
5

6
7
8
9
10

11

12
13
14
15
16
17

Plainfield, N.J.; public w o r k s ...................................................
Teamsters (IBT) (Ind.)
New York, N.Y.; licensed unit ..........................................................
Marine Engineers Beneficial Association (MEBA)
St. Louis County, Mo.; Dept, of Hospitals, Highways, Parks . .
and Recreation
State, County and Municipal Employees (AFSCME)
Tioga County, N.Y.; c o u n ty w id e .......................................................
Civil Service Employees Association (CSEA) (Ind.)
Ontario, Calif. ......................................................................................
Firefighters (IAFF)
Pennsylvania; Liquor Law Enforcement U n i t ..................................
Fraternal Order of Police (FOP) (Ind.)
Dayton, Ohio; public works ..............................................................
State, County and Municipal Employees (AFSCME)
Washington; Employment Security Dept.............................................
Washington Fed. of State Employees
Ohio; Youth C om m ission....................................................................
State, County and Municipal Employees (AFSCME)
Oakland, Calif.; supervisory e m p lo y e e s.............................................
Civil Service Employees Association (CSEA) (Ind.)
Jersey City, N.J.; Medical Center, practical, graduate and . - public health nurses
United Nurses Organization (Ind.)
Jersey City, N.J.; public w o r k s ..........................................................
Jersey City Public Employees, Inc. (Ind.)
Bangor, Maine ......................................................................................
Firefighters (IAFF)
Winnebago County, Wise.; Highway Dept...........................................
State, County and Municipal Employees (AFSCME)
Wisconsin; Health and Social Services................................................
State, County and Municipal Employees (AFSCME)
Jefferson County, Wise.; public health ............................................
State, County and Municipal Employees (AFSCME)
Cumberland, Md.; c ity w id e .................................................................
State, County and Municipal Employees (AFSCME)
Washington; Highway Dept....................................................................
State, County and Municipal Employees (AFSCME)

19

20
21

22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44

Manitowoc County, Wise.; Highway Dept........................................
State, County and Municipal Employees (AFSCME)
Warren, Mich.; Board of E d u ca tio n ...................................................
State, County and Municipal Employees (AFSCME)
Inglewood, Calif.......................................................................................
Inglewood Firemens Association (Ind.)
Waterbury, Conn.; blue collar e m p lo y e e s.........................................
State, County and Municipal Employees (AFSCME)
Charleston, W. Va.; Transportation Authority ...............................
Amalgamated Transit Union (ATU)
District of Columbia; Dept, of Highways and T r a ffic .....................
Government Employees (AFGE)
Lincoln, Neb.; city w i d e ........................................................................
State, County, and Municipal Employees (AFSCME)
Pierce County, Wash.; Hospital C o u n cil.............................................
Wash. State Nurses Association (Ind.)
Onondaga County, N.Y.; cou n tyw id e................................................
Civil Service Employees Association (CSEA) (Ind.)
Boston, Mass.; Public Welfare Dept.................... .................................
State, County and Municipal Employees (AFSCME)
Massachusetts; Metropolitan District Commission ........................
State, County and Municipal Employees (AFSCME)
Boulder, Colo............................................................................................
Firefighters (IAFF)
Meriden, Conn..........................................................................................
Firefighters (IAFF)
Springfield, Mass.; School Committee .............................................
Springfield Public School Custodians Association (Ind.)
Michigan; University of M ich igan .......................................................
State, County and Municipal Employees (AFSCME)
Livonia, Mich............................................................................................
Livonia Police Officers Association (Ind.)
Port Jefferson Station, N.Y.; Board of Education ........................
National Education Association (NEA) (Ind.)
Joliet, 111.; Police Dept............................................................................
State, County and Municipal Employees (AFSCME)
Boston, Mass.; Public L ib rary..............................................................
Boston Public Library Professional Staff Association (Ind.)
Lansing, Mich.; School B o a r d ..............................................................
State, County and Municipal Employees (AFSCME)
Alexandria, Va.; Board o f Education . .............................................
National Education Association (NEA) (Ind.)
Michigan; Ferris State College
..........................................................
Ferris State College Clerical and Technical Association (Ind.)
Reno, Nev.; city w i d e ...........................................................................
Reno Municipal Employees Association (Ind.)
East Hartford, Conn.; c it y w id e ..........................................................
State, County and Municipal Employees (AFSCME)
Anchorage, Alaska; Municipal light and Power Dept....................
Electrical Workers (IBEW)
Lincoln, Neb.............................................................................................
Firefighters (IAFF)

45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65

66
67
68
69
70

Springfield, Mass.; School Committee .........................................
Springfield School Cafeteria Employees Association (Ind.)
Allegheny County, Penn.; countywide .........................................
Service Employees (SEIU)
Lansing, Mich.; citywide .................................................................
State, County and Municipal Employees (AFSCME)
Portland, Ore.; city wide ..............................................................
Dist. Council of Trade Unions
Macomb County, Mich.; Road Com m ission..................................
State, County and Municipal Employees (AFSCME)
Montana; Dept, of In stitu tio n s.......................................................
State, County and Municipal Employees (AFSCME)
North Dakota; Highway Dept.............................................................
State, County and Municipal Employees (AFSCME)
Michigan; Northern Michigan University ......................................
State, County and Municipal Employees (AFSCME)
Livonia, Mich.........................................................................................
Livonia Fire Fighters Association (Ind.)
Plainfield, N.J.; Fire Dept...................................................................
Mutual Benevolent Association (Ind.)
Cumberland, Md...................................................................................
Firefighters (IAFF)
Erie County, N.Y.; county w i d e .......................................................
State, County and Municipal Employees (AFSCME)
Old Orchard Beach, Me.; School B o a r d .........................................
National Education Association (NEA) (Ind.)
District of Columbia; Board of Education ..................................
Teachers (AFT)
Fairfax County, Va.; co u n ty w id e...................................................
State, County and Municipal Employees (AFSCME)
Lorain, Ohio; Board of Education ................................................
National Education Association (NEA) (Ind.)
Cranston, R.I.........................................................................................
Firefighters (IAFF)
Aurora, 111.......................................................................................
Firefighters (IAFF)
Grays Harbor, Wash.; citywide .......................................................
State, County and Municipal Employees (AFSCME)
New York; Security Services Unit ................................................
State, County and Municipal Employees (AFSCME)
Oakland County, Mich.; Board of A u d ito rs...............................
State, County and Municipal Employees (AFSCME)
Pueblo County, Colo.; Public W elfare.........................................
State, County and Municipal Employees (AFSCME)
Pawtucket, R.I.; School Committee
......................................... ...
State, County and Municipal Employees (AFSCME)
San Francisco, Calif.; Police Dept.................................................. ...
Police Officers Association (Ind.)
Orange County, Calif.; c o u n ty w id e ................................................
Orange County Employees Association (Ind.)
Washington; Dept, of Social and Health S e r v ic e s .....................
State, County and Municipal Employees (AFSCME)

71
72
73
74
75
76
77
78

79
80

81
82
83
84
85

86
87
88
89
90
91
92
93
94
95

Marshall, Minn.; School Board ..............................................................
National Education Association (NEA) (Ind.)
Boston, Mass.; city w i d e ...........................................................................
Mass. Nurses Assn. (Ind.)
Boston, Mass.; Police Dept.........................................................................
Boston Police Patrolmen’s Association, Inc. (Ind.)
Cleveland, Ohio; Board of E d u ca tio n ...................................................
Teachers (AFT)
Paducah, Ky.; city w i d e ...........................................................................
State, County and Municipal Employees (AFSCME)
Youngstown, Ohio; Police Dept................................................................
Fraternal Order of Police (FOP) (Ind.)
Buffalo, N.Y.; Board of E d u c a tio n .......................................................
State, County and Municipal Employees (AFSCME)
Los Angeles County, Calif.; Board of Supervisors...............................
Supervisory Professional Paramedical-Health Employees,
Service Employees (SEIU)
Battle Creek, Mich.; c it y w id e .................................................................
State, County and Municipal Employees (AFSCME)
District of Columbia; Dept, of General Services ...............................
Bureau of Repairs and Improvements, Government Employees
(AFGE)
Decatur, 111.; Board of E d u c a tio n ..........................................................
Service Employees (SEIU)
Hagerstown, Md.; city w i d e ................................................................. ...
State, County and Municipal Employees (AFSCME)
San Francisco, Calif.; Public Utilities Commission ........................ ...
Transport Workers (TWU)
Schenectady, N.Y.; School D is tr ic t................................................... ...
Teachers (AFT)
San Francisco, Calif.....................................................................................
Dept, of Public Health-Laguna Honda Hospital, Service
Employees (SEIU)
Casper, Wyo.; School D is tr ic t.................................................................
Service Employees (SEIU)
Waterbury, Conn.; city w i d e .....................................................................
State, County and Municipal Employees (AFSCME)
Oneida County, Wise.; Highway Committee .................................. ...
State, County and Municipal Employees (AFSCME)
Hartford, Conn.; Metropolitan D is tr ic t ................................................
State, County and Municipal Employees (AFSCME)
Pierce County, Wash.; County Commissioners ..................................
State, County and Municipal Employees (AFSCME)
Phoenix, Ariz.; Wilson School District No. 7 ......................................
National Education Association (NEA) (Ind.)
Massachusetts; Division of Employment S ecu rity ........................ =
State, County and Municipal Employees (AFSCME)
Detroit, Mich.; Dept, of Street Railways ......................................... ...
State, County and Municipal Employees (AFSCME)
Andover, Mass.; c it y w id e .................................................................... ...
State, County and Municipal Employees (AFSCME)
Fond du Lac, Wise.......................................................................................
Fond du Lac Professional Policemen’s Association (Ind.)

96
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98
99

100
101

102
103
104

105
106
107

108
109

110
111
112
113
114
115
116
117
118
119

120

Wilmington, Del.; Police Dept..................................................
Fraternal Order of Police (FOP) (Ind.)
Dade County, Fla.; co u n tyw id e.............................................
State, County and Municipal Employees (AFSCME)
Grand Rapids, Mich.; citywide .............................................
State, County and Municipal Employees (AFSCME)
Rochester, Mich.; Board of Education ...............................
National Education Association (NEA) (Ind.)
Adrian, Mich.; Dept, of Public W o rk s..................................
Steelworkers (USA)
Detroit, Mich.; Dept, of Street Railways ...........................
State, County and Municipal Employees (AFSCME)
West Hartford, Conn.; Police Dept..........................................
State, County and Municipal Employees (AFSCME)
East Detroit, Mich.; Multi-unit .............................................
State, County and Municipal Employees (AFSCME)
Los Angeles County, Calif.; Paramedical Technical and . .
Institutional Support Services Units
Service Employees (SEIU)
Buffalo, N.Y.; c ity w id e ..........................................................
State, County and Municipal Employees (AFSCME)
Anoka, Minn.; School District ............................................
Service Employees (SEIU)
District of Columbia; Dept, of Sanitary Engineering — . ,
Revenue Branch
Government Employees (AFGE)
New Britain, Conn.; Board of Education . . .................
Teachers (AFT)
Rockford, 111...............................................................................
Firefighters (IAFF)
Salt Lake City, Utah; Board of Education ........................
National Education Association (NEA) (Ind.)
Huntington, W. Va.; Dept, of Public W o rk s........................
State, County and Municipal Employees (AFSCME)
Waterloo, IA.; city w i d e ....................................................... ...
Laborers (LIUNA)
New York; Professional, Scientific and Technical Unit . .
Civil Service Employees Association (CSEA) (Ind.)
New York; Executive B r a n c h ................................................
Senate Professional Association (Ind.)
Trenton, Mich.; Dept, of Public Works ...............................
State, County and Municipal Employees (AFSCME)
Jersey City, N.J.; city hall ................................................
State, County and Municipal Employees (AFSCME)
Amsterdam, N.Y.; Dept, of Public W o rk s........................
State, County and Municipal Employees (AFSCME)
Dayton, Ohio; ........................................................................
Firefighters (IAFF)
Lewiston, Me.; c ity w id e .......................................................
State, county and Municipal Employees (AFSCME)
Tucson, Ariz.; Police Dept.....................................................
Fraternal Order of Police (FOP) (Ind.)

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125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146

Newark, N.J.; Fire Dept............................................................
Teamsters (IBT) (Ind.)
New York, N.Y.; Transit A u th ority.............................................
Transit Union (ATU)
Rochester, N.Y..................................................................................
Firefighters (IAFF)
New York, N.Y.; Social Services ................................................
State, County and Municipal Employees (AFSCME)
Milwaukee County, Wise.; c o u n ty w id e ......................................
State, County and Municipal Employees (AFSCME)
Milwaukee County, Wise.; Staff N u r s e s ......................................
Staff Nurses Council of Milwaukee (Ind.)
Port Washington, N.Y.; School D is tr ic t......................................
National Education Association (NEA) (Ind.)
Grand Rapids, Mich....................................................................... =
Firefighters (IAFF)
Newark, N.J.; Board of Education .............................................
Teachers (AFT)
Morgantown, W. Va.; West Virginia U n iv e r sity ........................
Laborers (LIUNA)
Missouri; Division of Mental H e a lth ..................................
State, County and Municipal Employees (AFSCME)
New Mexico; Dept, of Hospitals and In stitu tio n s.....................
Carpenters (C JA)
District of Columbia .....................................................................
Firefighters (IAFF)
Albany, N.Y.; School D istr ic t.......................................................
Faculty Association (Ind.)
St. Louis County, Mo.; Welfare Dept.
.
.....................
Service Employees (SEIU)
Littleton, Colo...................................................................................
Firefighters (IAFF)
Walla Walla, Wash..............................................................................
Firefighters (IAFF)
West Hartford, Conn.; c ity w id e ...................................................
West Hartford Municipal Employees Joint Council (Ind.)
Eugene, Ore.; Police Dept................................................................
Eugene Police Patrolman’s Association (Ind.)
Monroe County, N.Y.; Social Services ......................................
Monroe County Federation of Social Workers (Ind.)
Manitowoc County, Wise.; County C ourthouse........................
State, County and Municipal Employees (AFSCME)
Los Angeles County, Calif.; A ppraisers......................................
Marine Engineers (MEBA)
Tennessee; Dept, of Public Health ............................................
State, County and Municipal Employees (AFSCME)
Akron, Ohio; Board of Education ............................................
National Education Association (NEA) (Ind.)
Los Angeles County, Calif.; Central Services ...........................
State, County and Municipal Employees (AFSCME)
Schenectady, N.Y..............................................................................
Schenectady Patrolmen’s Benevolent Association (Ind.)

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150
151
152
153
154

155

156
157
158
159
160
161
162
163
164

165
166
167
168
169
170
171

Delaware; Dept, of Health and Social Services ..................................
Laborers (LIUNA)
New Castle, Pa.; Public Works Dept.........................................................
Laborers (LIUNA)
Michigan; University of Michigan-Maintenance E m p lo y e e s..............
Washtenaw County Building and Construction Trades Council
Milwaukee, Wise.; Health Dept..................................................................
Staff Nurses’ Council (Ind.)
Richmond, Ind............................................................................... ... Firefighters (IAFF)
Cortland County, N.Y.; countywide ............................................
Civil Service Employees Association (CSEA) (Ind.)
Decatur, 111.; c ity w id e ...........................................................................
State, County and Municipal Employees (AFSCME)
Allegany County, Md.; Board of E ducation .........................................
Allegany County Council of School Personnel Organizations
(Ind.)
Belleville, 111.; Belleville Township High School-custodial
and maintenance employees
Service Employees (SEIU)
Santa Monica, Calif.; Motor Coach Operators......................................
Transportation Union (UTU)
Bellingham, Wash.........................................................................................
Firefighters (IAFF)
Seattle, Wash.; Transit C om m ission................................................... ...
Transit Union (ATU)
East Providence, R.I.; Public Works Dept...............................................
Steelworkers (USA)
Delaware; Delaware Home and Hospital for the Chronically 11 . . .
1
State, County and Municipal Employees (AFSCME)
Groton, Conn.; citywide ........................................................................
Town of Groton Municipal Employees (Ind.)
Vermont; sta te w id e .................................. ...............................................
Vermont State Employees Association (Ind.)
District of Columbia, Dept, of Recreation .........................................
Government Employees (AFGE)
Cook County, 111.; Health and Hospitals G overning...........................
Committee
Teamsters (IBT) (Ind.)
Massachusetts; Commissioner of B a n k s ................................................
State, County and Municipal Employees (AFSCME)
Toledo, O h i o .............................................................................................
Firefighters (IAFF)
Berrien County, Mich.; Benton Harbor Area S c h o o ls ........................
State, County and Municipal Employees (AFSCME)
Kettering, Ohio; Police Dept..............................................................
Fraternal Order of Police (FOP) (Ind.)
Westport, Conn.; Board of E ducation................................................ ...
National Education Association (NEA) (Ind.)
Osseo, Minn.; Board of Education .......................................................
Service Employees (SEIU)
Framingham, Mass.; School C om m ittee................................................
Laborers (LIUNA)

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173

174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197

Dade County, Fla.; Board of County Commissioners-Port Authority . .
State, County and Municipal Employees (AFSCME)
Wisconsin; Blue Collar Non-building Trades-technical and ..............
.
Security Public Safety Bargaining units
State, County and Municipal Employees (AFSCME)
Massachusetts; Southern Mass. University ................................................
Teachers (AFT)
Marathon County, Wise.; Highway Dept........................................................
State, County and Municipal Employees (AFSCME)
New York; Central General Hospital ..........................................................
New York State Nurses Association (Ind.)
Illinois; University of I l l i n o i s ........................................................................
State, County and Municipal Employees (AFSCME)
California; Southern Calif. Rapid Transit D istrict................. ....................
Transit Union (ATU)
Oregon; Eastern Oregon Hospital and Training Center ................. ...
.
Oregon State Employees Association (Ind.)
Massachusetts; Dept, of Mental H e a l t h ................................................ , .
State, County and Municipal Employees (AFSCME)
Minnesota; Mankato State College ..............................................................
State, County and Municipal Employees (AFSCME)
New York, N.Y.; Transit A u th o rity ..............................................................
Transport Workers (TWU)
Detroit, Mich.; city wide-master a g r e e m e n t................................................
State, County and Municipal Employees (AFSCME)
Cleveland, Ohio; Highland View H o sp ita l...................................................
State, County and Municipal Employees (AFSCME)
King County, Wash.; Valley General H osp ital.............................................
Nurses Association (ANA) (Ind.)
Flint, Mich.; Hurley H o s p ita l........................................................................
State, County and Municipal Employees (AFSCME)
Pontiac, Mich.; Board of E d ucation..............................................................
State, County and Municipal Employees (AFSCME)
Oakland County, Mich.; Probate Court-Caseworker Employees . . . . .
State, County and Municipal Employees (AFSCME)
Portland, Me.; Police Dept................................................................................
Police Benevolent Association (PBA) (Ind.)
Syracuse, N.Y.; Police Dept.......................................................................
.
Syracuse Police Benevolent Association (Ind.)
Bergen County, N.J.; Sheriffs Dept.................................................................
Police Benevolent Association (PBA) (Ind.)
Erie County, N.Y.; Sheriffs Dept.....................................................................
Badge and Shield Employees Association (Ind.)
South Dakota; Board of Charities and C o rrectio n s..................................
State, County and Municipal Employees (AFSCME)
Oregon; Dept, o f A griculture.............................................................
Oregon State Employees Association
New York; Institutional Employees U n i t ...................................................
Civil Service Employees Association (CSEA) (Ind.)
Bristol, Conn.......................................................................................................
Firefighters (IAFF)
Pennsylvania; Dept, of Health and Public Welfare .
.................
Penn. Nurses Association (Ind.)

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199
200
201
202

Norwalk, Conn.; Board of E d u ca tio n ..........................................................
State, County and Municipal Employees (AFSCME)
New Jersey; Turnpike A u th o r ity ....................................................... ...
Professional and Technical Engineers (AFTE)
Milwaukee, Wise.; c it y w id e ................................................................. ...
.
State, County and Municipal Employees (AFSCME)
Cuyahoga County, Ohio; JuvenileC o u r t .....................................................
State, County and Municipal Employees (AFSCME)
New Haven, Conn...............................................................................................
Firefighters (IAFF)

June 1973
June 1974
November 1972
January 1974
July 1973

Appendix B. Complete Grievance and
Arbitration Provisions
From the agreement between:
The City o f Toledo, Ohio; city wide agreement,
and the American Federation o f State, County and
Municipal Employees (AFSCME)

A R TICLE V

Grievance Procedure

Any grievance or dispute which may arise between
the parties, including the application, meaning or
interpretation of this Agreement, shall be settled in the
following manner.
Section 1. It is the mutual desire of the city and the
union to provide for the prompt adjustment of griev­
ances in a fair and reasonable manner, with a minimum
amount of interruption o f the work schedules. Every
reasonable effort shall be made by both the city and the
union to effect the resolution of grievances at the
earliest step possible. In the furtherance of this objec­
tive, the following procedure shall be followed.
First step. When an employee has a grievance, the
employee, with his steward or alternate steward, shall
verbally discuss the matter with the employee’s imme­
diate supervisor and attempt to resolve the problem. The
grievance must be brought to the attention of the
immediate supervisor within 7 calendar days of the
employees having, through the exercise of reasonable
diligence, gained knowledge that a grievance exists. If
the grievance can not be resolved through verbal
discussion, then it shall be reduced to writing and
presented to the immediate supervisor. The supervisor
shall indicate thereon, in writing, his response to the
grievance by the end o f the shift, on the second work
day following the day on which the written grievance
was presented. The written grievance containing the
response of the supervisor shall then be delivered to
Local 7 for further handling at the next step of this
procedure.
Second step. Grievances not settled in the first step
shall be delivered to the Personnel and Labor Relations
office on Thursday afternoon of each week, as early as is

practicable for the union. The personnel department will
promptly prepare and publish an agenda o f all griev­
ances. There shall be a weekly meeting held in the
personnel department at such day and time as may be
designated by the Director of Personnel and Labor
Relations and the President of Local 7, or their
designees, for the purpose of discussing and resolving
outstanding grievances. Either side may request that a
grievance be held over for the following weekly meeting,
in which case the grievance held over shall appear on the
following weekly agenda. After a grievance has been held
over once, at the request of either side, any additional
hold over shall only be by the mutual consent of both
the city and the union. In the event that the city fails to
answer a grievance at the time required in this step of
the grievance procedure, or if the union fails to appeal
the answer given at the weekly meeting to the next step
o f the grievance procedure, then the grievance will be
considered settled against the side which defaulted.
Grievances settled by default can not be the basis of
establishing precedent for the settlement of any future
grievances. Any grievance not settled at this step of the
grievance procedure shall be referred to the third step of
this procedure.
Third step. Grievances not settled at the second step
of this procedure shall be referred by letter to the Office
o f the City Manager and the Office of the Director of
District Council 46 of AFSCME. The Director of the
District Council and the City Manager or persons
designated by them shall arrange a meeting at a mutually
acceptable date and time within 15 calendar days after
the grievance has been referred to them for the purpose
o f attempting to resolve the matter. Within 7 calendar
days after such meeting the city shall advise the union as
to the decision of the city manager on the matter. In the
event that the grievance is still not satisfactorily settled,
then the union shall have the right to appeal the
grievance to the fourth step of this procedure.
Fourth step. If the decision of the city as given in the
third step of the grievance procedure is not satisfactory,
then the union shall notify the city in writing within 7
calendar days after the answer of the city manager that

the grievance is to be submitted to arbitration. When a
grievance is submitted to arbitration, the union shall
notify the City as to the name of their arbitrator and the
city shall notify the Union as to the name of their
arbitrator within 7 calendar days after the notice of the
city o f the desire of the union to arbitrate the matter.
The two arbitrators so named shall then meet at a date
and time mutually agreeable, within 7 calendar days to
select a third arbitrator. Upon the failure of the 2
arbitrators to be able to agree upon a third arbitrator,
both parties agree to ask the Toledo Labor-Manage­
ment-Citizens Committee to submit a list of 5 names of
citizen members o f the committee who are available for
service as arbitrators. The city and the union represent­
atives shall alternately strike 1 name from the list. The
side to strike the first name shall be chosen by lot. The
person whose name has been chosen shall become the
third member and shall serve as chairman of the panel.
The panel shall meet as promptly as possible. The fees
and expenses o f the third arbitrator shall be paid by the
party against whom the arbitrator renders an adverse
decision. In the event more than one grievance is
referred to the same hearing, the costs of the arbitration
shall be divided proportionately, the loser bearing the
proportionate share of the costs for the cases lost. All
other expense for witnesses or otherwise shall be borne
by the party incurring the cost. However, any city
employee called as a witness by either side will continue
to receive his regular rate of pay while attending such
hearing, not to exceed the normal 8 hours he would have
worked.

From the agreement between:
The City of Bangor, Maine; Public Services Dept.,
Operation and Maintenance Division, and the
American Federation of State, County and Munici­
pal Employees (AFSCME)

A R T I C L E 22 Grievance Procedure

The purpose o f the grievance procedure shall be to
settle employee grievances on as low an administrative
level as possible, so as to insure efficiency and maintain
morale.
A grievance shall be considered to be a union complaint
concerned with:
1. Discharge, suspension, or other disciplinary
action.
2. Interpretation and application o f Public Ser­
vices Department rules and regulations.

3. Alleged violation of any of the terms of this
agreement.
The union member shall within 7 calendar days after
the occurrence of the alleged grievance present his
grievance in writing to the shop steward and/or president
of the local union, who in turn shall settle same with the
foreman and/or other supervisors if possible. If the
grievance is not settled at the supervisor’s level within 7
calendar days then the grievance shall be submitted to
the Public Services Director in writing.
The Public Services Director shall deal with the
grievance submitted and shall render his decision to the
union and to the city manager in writing, not later than
the seventh calendar day following the day the grievance
was received by him.
If the decision of the Public Services Director is not
satisfactory to the President of the Local Union, an
appeal shall be lodged with the Personnel Director
and/or the City Manager within 10 calendar days. The
Personnel Director and/or the City Manager shall, within
10 calendar days of receipt of the grievance, submit his
decision in writing to the President of the Local Union
and the Public Services Director.
In the event that the union feels that further review is
desired, the City Manager shall be requested within 10
calendar days in writing to bring the matter before the
City Council or a committee thereof. The council or a
committee thereof may call a hearing and shall, within
21 calendar days of receipt of grievance, or 10 calendar
days after hearing, whichever period is longer, submit
their decision in writing to the President of the Local
Union and the City Manager.
If the grievance is still unsettled, either party may,
within 15 calendar days after the reply of the council or
a committee thereof is due, by written notice to the
other request advisory arbitration.
Nothing in this article shall diminish the right of any
employee covered hereunder to present his own griev­
ance, as set forth in Title 26, Sec. 967, MRSA.
From the agreement between:
Decatur, Illinois; Board of Education, custodians
and matrons, and The Service Employees Inter­
national Union (SEIU)

A R T I C L E II Grievance Procedure

1.

When differences arise between the school
board and Local #344, the school board agrees

to meet and bargain with duly accredited
officers o f Local #344, together with commit­
tees o f Local #344 who are employees of the
school board. The union and/or employees
agree not to strike but rather to follow the
procedure outlined in Article II, Section 2 of
this agreement for the settlement of differ­
ences.
2.

In case o f grievances the following procedure
will be followed:
Step 1: Employee shall first take his case up
with the foreman.
Step 2: Failing to reach a satisfactory agree­
ment, the employee shall call and
discuss the grievance with the Chief
Steward or his designated representa­
tive. The Chief Steward may designate
an assistant steward for each shift to
handle the grievance in his absence.
Step 3: If the matter is not resolved the Chief
Steward will meet with the Director of
Buildings and Grounds or his desig­
nated representative. At this step the
grievance shall be submitted in writing
to the Director of Buildings and
Grounds.
Step 4: Failing to reach a satisfactory agree­
ment, the employee, Director of Build­
ings and Grounds, Chief Steward, and
Union Business Agent shall meet with
the Superintendent o f Schools and his
staff.
Step 5: If the grievant wishes to appeal the
decision of the Superintendent of
Schools, he must request within 5
calendar days of receipt o f the deci­
sion o f the Superintendent of Schools
that the grievance be referred to either
advisory factfinding or to the Board of
Education.

Advisory Factfinding

Upon request of the grievant and the union, the
unresolved grievance will be referred to advis­
ory factfinding. A single factfinder will be used.
If the Board and the union are unable to agree
upon a factfinder within 7 days, a panel of 5 or
7 names will be obtained from the American
Arbitration Association, and starting with the
grievant the parties shall alternately strike
names until a single name is left. If the
individual selected as the factfinder is not
available, other individuals will be contacted in
reverse order o f their names having been stricken
from the list.
It will be the responsibility of the factfinder to
review the grievance, investigate the facts of the
situation, study the terms of this agreement,
determine the legitimacy of the grievance, and
recommend to the board o f education terms of
settlement in those instances when the griev­
ance is determined as being valid. The fact­
finder’s report shall be a written report to the
board of education with one copy to the
grievant. The recommendations of the fact­
finder will be binding upon both parties unless
rejected by the board of education within 20
school days from the postmark of the decision.
The board, and the individual shall share
equally the factfinder’s fee and expenses.

Board Review

If the grievant does not wish to incur the
expenses of a factfinder but wishes to continue
the appeal, he must request, within four school
attendance days of receipt o f the decision of
the Superintendent o f Schools, a meeting with
the board in personnel session. In addition to
the staff member,- this session may be attended
by a designated representative. The session shall
be held within a 4 week period of receipt of the
request. A decision shall be made within seven
calendar days of the session, and copies of the
written decision shall be sent immediately to
the grievant and the Director of Personnel.

A p p en d ix C.

G rievance Form *

From the agreement between:
The Board o f Education, Independent School District
No. 535, Rochester, Minn., and the American
Federation o f State, County and Municipal Employees (AFSCME)

Date of Filing

1. Grievant___________________________________________________
2. Position___________________________________________________
Building
3.

Contract provision alleged violated:

4.

Time, Date, Place o f Occurrence:

5.

Statement o f the grievance (include events and conditions of the grievance and persons responsible.)

6.

Redress Sought:

Signature of Grievant
♦Copy to Superintendent and to person being grieved.

A ppendix C.

G rievan ce Form Level I Response

1. Date issued
2. Response:

Signature of Board Designee
3.

Initial Applicable Statements:
I hereby accept the above determination.
I hereby decline the above determination.
I intend to process the grievance to the next stage.

Signature of Grievant

Date

BUREAU OF LABOR STATISTICS
REGIONAL OFFICES

Region I
1603 JFK Federal Building
Government Center
Boston, Mass. 02203
Phone: 223-6762 (Area Code 617)

Region V
9th Floor, 230 South Dearborn S t
Chicago, III. 60604
Phone: 353-1880 (Area Code 312)

Region II
Suite 3400
1515 Broadway
New York, N.Y. 10036
Phone: 971-5405 (Area Code 212)

Region VI
1100 Commerce St., Rm. 6B7
Dallas, Tex. 75202
Phone: 749-3516 (Area Code 214)

Region III
P.O. Box 13309
Philadelphia, Pa. 19101
Phone: 597-1154 (Area Code 215)

Regions VII and VIII *
Federal Office Building
911 Walnut St., 15th Floor
Kansas City, Mo. 64106
Phone: 374-2481 (Area Code 816)

Region IV
Suite 540
1371 Peachtree St., NE.
Atlanta, Ga. 30309
Phone: 526-5418 (Area Code 404)

Regions IX and X **
450 Golden Gate Ave.
Box 36017
San Francisco, Calif. 94102
Phone: 556-4678 (Area Code 415)

Regions VII and VIII are serviced by Kansas City
Regions IX and X are serviced by San Francisco


Federal Reserve Bank of St. Louis, One Federal Reserve Bank Plaza, St. Louis, MO 63102