View original document

The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.

Collective Bargaining
Agreements for State and
County Government
Employees
U. S. Department of Labor
Bureau of Labor Statistics
1976
Bulletin 1920







Library of Congress Cataloging in Publication Data
United States. Bureau of Labor Statistics.
Collective bargaining agreements for state and countygovernment employees.
(Bulletin - U. S. Bureau of Labor Statistics ; 1920)
Prepared by R. R. Nelson, assisted by R. J. Syrokowiak
and J. E. Mann.
Supt. of Docs, no.: L 2.3:1920
1. Collective labor agreements— Government employees
— United States. 2. State governments— Officials and
employees. 3* County officials and employees— United
States. I. Nelson, Richard R. II. Symkowiak,
Ronald J. III. Mann, Jacquelyn E. IV. Title.
V. Series: United States. Bureau of Labor Statistics.
Bulletin ; 1920.
KF3U09.P77A8U3
3^ * .7 3 ’ 01890^13539
76-608200

Collective Bargaining
Agreements for State and
County Government
Employees
U. S. Department of Labor
W. J. Usery, Jr., Secretary
Bureau of Labor Statistics
Julius Shiskin, Commissioner
1976
Bulletin 1920

For sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, GPO Bookstores, or
BLS Regional Offices listed on inside back cover. Price $1.50
Make checks payable to Superintendent of Documents
Stock Number 029-001-01935-1






Preface
This bulletin is one of a series of studies by the Bureau of Labor Statistics dealing
with collective bargaining and labor-management relations in the public sector. This study
provides information on the characteristics of negotiated agreements covering government
employees in State and county jurisdictions.
The bulletin was prepared in the Division of Industrial Relations by Richard R. Nelson,
assisted by Ronald J. Symkowiak and Jacquelyn E. Mann, under the direction of Leon E.
Lunden, Project Director. The study was carried out with funds made available by the LaborManagement Services Administration of the Department of Labor.
Material in this publication is in the public domain and may be reproduced without
permission of the Federal Government. Please credit the Bureau of Labor Statistics and cite
the name and number of the publication.




in




Contents
Page
Chapters:
1. Introduction .......................................................................................................................................................
Scope and method of s tu d y ........................................................................................................................
General characteristics of agreements ......................................................................................................

1
1
1

2.

Administrative provisions ............................................................................................................................... 5
Management rights ....................................................................................................................................... 5
Antidiscrimination clauses ......................................................................................................................... 6
Residency requirements ............................................................................................................................. 7
Political activity ............................................................................................................................................ 7
Job-related legal a i d ...................................................................................................................................... 7
Union s e c u rity ............................................................................................................................................... 8
Dues checkoff ..........................
9
Labor-management committees ................................................................................................................ 10
Union activities ............................................................................................................................................ 12

3.

Personnel actions ...........................................
Promotions .....................................................................................................................................................
Temporary transfers ....................................................................................................................................
Probationary period ......................................................................................................................................
Disciplinary p ro ce d u re s...............................................................................................................................
Demotions ......................................................................................................................................................
Reduction in f o r c e ........................................................................................................................................

20
20
22
23
24
25
26

4.

Hours and o v e rtim e ..........................................................................................................................................
Scheduled weekly hours ..............................................................................................................................
Scheduled days per week ...........................................................................................................................
Overtime ........................................................................................................................................................

31
31
32
33

5.

Wage-related provisions
..............................................................................................................................
Wage surveys ................................................................................................................................................
Longevity pay ...............................................................................................................................................
Work clothing and uniform allowances ...................................................................................................
Safety equipment ...............................................................................................................................
Automobile allowances ...............................................................................................................................
Shift differentials ..........................................................................................................................................
Wage adjustments ........................................................................................................................................

39
39
39
40
41
42
43
43

6.

Leave ..........................................................
Vacations .......................................................................................................................................................
Holidays ..........................................................................................................................................................
Other payments for time not worked .......................................................................................................
Unpaid leaves of absence ...........................................................................................................................

47
47
49
50
56

7.

Working conditions .......................................................................................................................................... 62
Work assignments ........................................................................................................................................ 62
Restrictions on subcontracting................................................................................................................... 63
Restrictions on work by supervisors ........................................................................................................ 63
Training ............................................................................................................................................................64




v

Contents—Continued
Page
Chapters—Continued
Moonlighting .................................................... >.......................................................................................... 67
8.

Grievance and impasse p ro ce d u re s.............................................................................................................
Scope of the grievance procedure ...........................................................................................................
Grievance settlement ..................................................................................................................................
No-strike provisions ...........................................
Negotiations ..........................................................
Impasse procedures .............................................
Approval by higher authority ...................................................................................................................
Savings c la u s e s .............................................................................................................................................

Tables: State and county collective bargaining agreements, 1972-73—
1. By region and level of government .............................................................................................................
2. By size of bargaining unit and level of government ................................................................................
3. By government activity and level of government ....................................................................................
4. By occupational group.....................................................................................................................................
5. By duration and level of government ..........................................................................................................
6. Management rights and antidiscrimination provisions by level of government ..................................
7. Union security provisions by level of government and government activity ......................................
8. Dues checkoff provisions by government activity ...................................................................................
9. Union security provisions by dues c h e ck o ff..............................................................................................
10. Labor-management and related committees by level of government ...................................................
11. Union activity provisions by level of government ...................................................................................
12. Paid time for union business by level of government ..............................................................................
13. Promotion procedures by occupational group ...........................................................................................
14. Seniority as a factor in promotion by occupational group ......................................................................
15. Disciplinary procedures by level of government ......................................................................................
16. Demotion procedures by level of government ..........................................................................................
17. Reduction-in-force provisions by level of government and occupational group ................................
18. Scheduled hours in the workweek by occupational group ......................................................................
19. Scheduled days in the workweek by level of government ......................................................................
20. Overtime provisions by occupational group ..............................................................................................
21. Overtime rates by daily and weekly overtime .....
22. Compensatory time by occupational group .........
23. Selected wage provisions by level of government ...................................................................................
24. Wage adjustments by duration of agreement .............................................................................................
25. Maximum paid vacations by level of governm ent.....................................................................................
26. Number of paid holidays by level of government .....................................................................................
27. Selected payments for time not worked by level of governm ent...........................................................
28. Leave of absence provisions by level of government ..............................................................................
29. Selection of work assignments and restrictions on subcontracting and work
by supervisors by occupational group .....................................................................................................
30. Training provisions by occupational g ro u p .................................................................................................
31. Grievance machinery by level of government ...........................................................................................
32. No-strike provisions by level of government ............................................................................................
33. Negotiation impasse procedures by level of government .......................................................................
Appendix:

70
70
71
72
73
73
74
75
3
3
3
4
4
16
17
18
18
18
19
19
29
29
30
30
30
37
37
38
38
38
46
46
60
60
61
61
69
69
76
76
76

Identification of clauses ........................................................................................................................... 77




vi

Chapter I.

Introduction
u n ilateral prom ulgations resulting from bilateral
negotiations, were included in this study. For con­
venience of exposition, all documents will be referred
to as agreements or contracts.
The reader should keep in mind that the data reflect
the Bureau’s understanding of the written provisions
and not necessarily that of the parties. C ontract
language is elusive and complicated, and often requires
interpretation through the arbitration process. What is
carried out in practice, furthermore, may differ from
formal contract provisions. Under these circumstan­
ces, the Bureau can only analyze the specific language
appearing in contracts and hope that it closely reflects
the rules under which the parties operate.

The extent of collective bargaining among State and
county governments and their employees cannot be
stated with certainty. It is clear, nevertheless, that
public sector bargaining has grown in recent years and
now represents an important factor in State and county
operations. Budgets, legislation, and politics are
influenced by, and in turn influence, negotiations with
employee organizations. The process is often carried
on with concerned citizens in the background who see
government workers, on the one hand, as employees
striving to maintain their economic position in the face
of inflation and recession, and on the other, as a cause
of tax increases for the general public.
This is the Bureau’s first analytical study primarily
concerned with collective bargaining agreem ents
covering State and county employees. It provides data
on a wide variety of contract provisions, describes
them , and p resents illustrative clauses. In great
measure, the tabulations appearing in this publication
can be linked to more current data appearing in the
Bureau’s new annual series, Characteristics o f Agree­
ments in State and Local Governments, much of which
is presented by level of governm ent.1

General characteristics of agreements
Region. More than three-fourths of the agreements
studied, covering more than four-fifths of the employ­
ees, were from three regions—the East North Central,
Pacific, and Middle A tlantic (table 1). These are
populous areas, with a history of both private and
public union activity. California had more agreements
in the study than any other State (58), primarily as the
result of 41 Los Angeles County agreements covering
61,312 workers. Specific reference will be made in
those sections of the bulletin where Los Angeles’ large
concentration strongly influences the findings. Other
States contributing significant numbers of agreements
to the study include New York (5l), Wisconsin (40),
Michigan (39), and M assachusetts (25).

Scope and method of study
For this study, the Bureau examined 318 collective
bargaining agreements and related documents covering
340,447 w orkers em ployed by State and county
government units. One-third were negotiated by State
agencies and the remainder by county governments.
The study is based on agreements on file with the
Bureau and is not necessarily representative of all State
and county agreements nationwide. All agreements
studied covered at least 50 employees and were in effect
during 1972-73 and later. To provide the most current
information possible, most of the clause illustrations
(over four-fifths) were drawn from contracts expiring in
1975 and later. The agreements from which the clauses
are taken are identified in the appendix.
As with previous Bureau studies of the public sector,
documents other than collective bargaining agree­
m ents, such as m em oranda of understanding and

Size o f bargaining unit. Most of the agreements studied
covered relatively small numbers of workers. Threefiftjis of the agreements, for example, involved fewer
than 500 employees each, but these accounted for only
11 percent of the workers in the study (table 2). On the
other hand, only one-quarter of the agreements covered
four-fifths of the employees. More than half of the con­
tracts covering 1,000 workers or more were negotiated
by counties. The largest single unit in the study covered
over 16,000 clerical and office services employees in
Los Angeles County.

T he first of these is Characteristics of Agreements in State and
Local Governments, Jan. 1, 1974, BLS Bulletin 1861 (Bureau of

Government activity. Nearly 23 percent of the agree­
ments, covering 40 percent of the employees in the

Labor Statistics, 1975).




1

of the agreements in this study had terms of that length.
In fact, over three-quarters of the agreements, covering
the same proportion of employees, had terms of 2 years
or less, and approximately one-third lasted 1 year or
less (table 5).

study, were jurisdictionwide in scope (table 3). That is,
they covered all government functions in the particular
State or county, or all functions except for those in a
limited number of specified agencies, such as police and
fire departments. The remainder covered 17 separate
government functions, most frequently public works,
health and medical activities, education, law enforce­
ment, and social welfare. For certain other government
activities, such as libraries, public transportation,
sanitation, and public utilities, agreements at the State
or county level were relatively uncommon because
th ese fu n ctio n s usu ally are carrie d out by city
governments.
Most of the bargaining units in education agencies
were comprised of employees working on university or
college campuses. Nearly 80 percent of these units
included workers in “ blue-collar” jobs, which explains
why clauses generally pertinent to blue-collar workers
appeared often in education agreements.

Organizational affiliation. More than 60 percent of the
agreements in the study were negotiated by unions affil­
iated with the AFL-CIO. The remainder were nego­
tiated by an independent union (the Teamsters) or by
various employee associations:
Agreements
All agreem ents....................

340,447

193

181,819

10

1,196

1
114

450
156,982

O n ly fo u r e m p lo y e e o r g a n iz a tio n s h a d m o r e th a n 10
c o l le c t i v e b a r g a in in g a g r e e m e n ts in th e stu d y :

Agreements
American Federation of State,
County and Municipal
Employees (AFL-CIO) .............
Service Employees International
Union (AFL-CIO) .....................
Civil Service Employees Associa­
tion (Ind.) ....................................
International Brotherhood of
Teamsters (Ind.) ........................

Workers

139

136,073

32

32,619

32

47,464

11

1,646

Agreements with these organizations accounted for
two-thirds of the total and covered 64 percent of the
employees. The union with by far the largest number of
agreements, 44 percent of all agreements studied, was
the American Federation of State, County and Muni­
cipal Employees (AFL-CIO).
Among associations, the Civil Service Employees
Association had the largest number of agreements;
there was scattered representation of other major
associations, including the American Nurses Associa­
tion, the American Association of University Pro­
fessors, the Fraternal Order of Police, and six different
State employee associations. However, over one-half
of the 114 employee associations were unaffiliated
associations which organized all government workers
within a jurisdiction or which concentrated on parti­
cular occupational groups.

Agreement duration. The duration of the State and
county agreements studied was generally shorter than
that of private sector labor contracts. According to a
Bureau study of private sector agreements, 64 percent
had a duration of 36 months or longer.2 Only 18 percent
Characteristics of Major Collective Bargaining Agreements, July
1,1974, Bulletin 1888 (Bureau of Labor Statistics, 1975), table 1.4, p.
7.




318

AFL-CIO unions ............................
International Brotherhood of
Teamsters (Ind.) ........................
Combination AFL-CIO and
Teamsters ....................................
Associations ....................................

Occupational coverage. More than 55 percent of the
agreements covered single occupational groups, most
frequently blue-collar or professional/technical em­
ployees (table 4). However, these involved only 40
percent of the workers. The majority of workers were
covered by agreements that applied to more than one
occupational group. These agreements were bargained
primarily by large State and county units. Although a
number of agreements specified those groups covered,
most did not clearly define the classifications involved.
Ordinarily such agreements stipulated that “ all,” “ all
classified,” or “ all civil service” employees were
covered. Others designated only those employees
specifically excluded from coverage, commonly police,
firefighters, or administrative employees; by inference,
employees not designated came under the agreement.
W here contracts clearly defined their occupational
scope, clerical employees were covered least often.
However, it may be assumed that coverage of clerical
employees was high among those contracts not clearly
defining occupational inclusions.

Workers

2

Table 1. State and county collective bargaining agreements by region and
level of government, 1972-73______________________________________
Level of government

All
agreements

Region

State

County

Agreements

Workers

Agreements

Workers

Agreements

Workers

Total ...............

318

340,447

106

151,257

212

189,190

New England ..............
M iddle A tlantic .........
East North Central ....
West North Central ....
South A t la n t ic ............
East South Central ....
West South Central ...
M o u n ta in ....................
P a c if ic ........................

26
69
99
16
19
3

33,325
124,828
55,536
9,797
15,517
1,490

21
18
36
7
11
1

32,124
62,500
29,205
8,463
2,705
169

5
51
63
9
8
2

1,201
62,328
26,331
1,334
12,812
1,321

-

-

-

1,759
98,195

5
81

-

3
9

-

1,549
14,542

—

2
72

210
83,653

Table 2. State and county collective bargaining agreements by size of bargaining
unit and level of government, 1972-73___________________________________

Number of employees in
bargaining unit

Level of government

All
agreements

County

State

Agreements

Workers

Agreements

Workers

Agreements

Workers

Total ...............

318

340,447

106

151,257

212

189,190

50-99 ..........................
100-299 ......................
300-499 ......................
500-999 ......................
1,000-4,999 ...............
5,000 and o v e r ...........

57
85
56
42
62
16

4,012
14,040
20,976
29,538
136,307
135,574

14
22
15
19
27
9

1,019
4,152
5,676
12,319
53,091
75,000

43
63
41
23
35
7

2,993
9,888
15,300
17,219
83,216
60,574

Table 3. State and county collective bargaining agreements by government activity and level of
government, 1972-73______________________________________________________________
Level of government

All
agreements

Government activity

County

State

Agreements

Workers

Agreements

Workers

Agreements

Workers

.............................................

318

340,447

106

151,257

212

189,190

Agricultural services ...............................
Central adm inistration .............................
Central services ........................................
Correctional in s t it u t io n s ..........................
C o u r ts ........................................................
E d u c a tio n ...................................................
Em ploym ent/com pensation.......................
Fire protection ..........................................
Health/medical .........................................
Law enforcement ......................................
Libraries and related services ................
Public tra n s p o rta tio n ................................
Public u tilitie s .........................................
Public works .............................................
Regulatory agencies/licenses ..................
Sanitation and related services ..............
Social welfare ..........................................
Jurisdictionw ide1 ......................................

3
15
4
9
14
36
4
8
45
29
1
3
2
46
4
1
21
73

984
18,209
3,272
2,475
8,494
38,832
10,600
7,474
42,473
18,137
117
12,200
252
15,065
4,516
850
18,728
137,769

3
6

984
7,784

-

Total

-

5
1
34
4
13
7
3
-

7
4
-

6
13

"•Included are all agreements covering all employees of the government jurisdiction without exception and those in a limited number of specified agencies such




-

1,860
4,000
36,682
10,600
21,940
5,261
—
12,200
8,100
4,516
-

8,986
28,344

9
4
4
13
2
-

8
32
22
1
-

2
39
-

1
15
60

as uniformed services or a parks and recreation department,

3

-

10,425
3,272
615
4,494
2,150
7,474
20,533
12,876
117
-

252
6,965
-

850
9,742
109,425

Table 4. State and county collective bargaining agreements by occupational
group, 1972-73___________________________________________________
All
agreements

Occupational group

Agreements

Workers

Total ...................................................................................................

318

340,447

Blue-collar or manual ..................................................................................
Professional or technical .............................................................................
C lerical ..........................................................................................................
Police and f i r e ...............................................................................................
Blue-collar and clerical ...............................................................................
Professional, technical, and c lerical ..........................................................
B lue-collar and professional .......................................................................
Police, fire, and clerical ..............................................................................
M ultiple occupations not defined or not listed above1 ..............................

73
67
4
31
10
6
14
5
108

30,021
68,974
2,739
31,750
5,830
21,032
10,051
12,911
157,139

1As a rule, agreements which do not define occupational coverage state that they cover “a ll," “all cla ssified,”
or “all civil service” employees. Some specify only employees

excluded from coverage, such as police, firefighters, or administrative personnel, and by inference include all others,

Table 5. State and county collective bargaining agreements by duration and
level of government, 1972-73
Level of government
Duration

All
agreements

State

County

Agreements

Workers

Agreements

Workers

Agreements

Workers

Total ...............

318

340,447

106

151,257

212

189,190

Less than 12 months .
12 months ..................
13 to 23 months ........
24 months ..................
25 to 35 m o n th s ........
36 months ..................
More than 36 months .
Not specified ..............

8
96
37
101
15
52
4
5

10,213
82,554
53,799
117,877
17,762
46,215
2,925
9,102

1
23
20
35
5
17
3
2

50
29,159
41,978
37,868
4,290
34,225
925
2,762

7
73
17
66
10
35
1
3

10,163
53,395
11,821
80,009
13,472
11,990
2,000
6,340




4

Chapter 2.

Administrative Provisions
Enumerated statements can be brief or lengthy in
listing the rights retained by management and the limita­
tions put on these rights by the collective bargaining
agreement:

Management rights
A management rights provision describes those func­
tions which are reserved in whole or in part to the
employer and sets forth in varying amounts of detail
those matters controlled by management and those li­
mited by the collective bargaining agreement. It is an
understanding between the parties for the term of the
contract on particular management rights issues which
have caused problems in the past, an understanding that
is subject to modification at any subsequent contract
negotiation. Typically, however, in the public sector,
management rights provisions restate the scope of bar­
gaining as permitted by law. Seventy-one percent of the
agreements studied contained a management rights
clause; they were found relatively more often in State
than in county contracts (table 6).
A management rights provision can take the form of a
broad, general statement of prerogatives only or it can
be an enumerated statement which further defines the
general statement by listing a variety of retained rights.
Advocates of the former believe that a general state­
ment is sufficient and avoids the possible loss of rights
through oversights which might occur in developing an
enumerated list. But advocates of enumerated state­
ments feel that the slight danger of overlooking a par­
ticular prerogative is more than offset by the advantage
of a precise and detailed list of retained rights.
General statements of management rights are written
in rather sweeping terms, making reference to statutes
and governmental powers, and are limited only by the
specific provisions of the contract that pertain to it:
(1)

Except as expressly limited by other provisions of
this agreement, all of the authority, rights and respon­
sibilities possessed by the County are retained by it,
including, but not limited to, the right to determine the
mission, purposes, objectives and policies of the
County; to determine the facilities, methods, means
and number of personnel for the conduct of the county
programs; to administer the merit system, including the
examination, selection, recruitment, hiring, appraisal,
training, retention, promotion, assignment or transfer
of employees pursuant to law; to direct, deploy and
utilize the work force; to establish specifications for
each class of positions, and to classify or re-classify,
and to allocate or re-allocate new or existing positions
in accordance with law; and to discipline or discharge
employees in accordance with law and the provisions of
this agreement.

(5)

It is understood and agreed by the parties that man­
agement possesses the sole right to operate the agency
so as to carry out the statutory mandate and goals
assigned to the agency, and that all management rights
repose in management. However, such rights must be
exercised consistently with the other provisions of this
agreement.
These management rights include but are not limited
to the following:
1. To utilize personnel, methods, and means in the
most appropriate and efficient manner possible;
2. To manage and direct the employees of the agency;
3. To hire, promote, transfer, assign or retain em­
ployees in positions within the agency;
4. To establish reasonable work rules of conduct;
5. To suspend, demote, discharge or take other ap­
propriate disciplinary action against employees for
just cause;
6. To determine the size and composition of the work
force and to lay off employees in the event of lack
of work or funds or under conditions where man­
agement believes that continuation of such work
would be inefficient or nonproductive;
7. To determine the mission of the agency and the
methods and means necessary to efficiently fulfill

The employer shall have and possess the exclusive
right to manage its agencies, departments and offices
and to direct its affairs, operations, and the services of
its employees, except where in conflict with or changed
by the provisions of this agreement.




The employer reserves and retains, solely and exclu­
sively, all rights to manage and direct its work forces,
except as expressly abridged by the provisions of this
agreement, including by way of illustration, but not
limitation, the determination of policies, operations,
assignments, schedules, discipline, layoffs, etc., for the
orderly and efficient operations of the University.

(4)

The State shall retain and may exercise all rights,
powers, duties, authority and responsibilities conferred
upon and vested therein by the laws and constitutions of
the State of New Jersey and of the United States of
America.
Except as specifically abridged, limited or modified
by the terms of this agreement between the State and
the Association and Chapter 303, L. 1968, all such
rights, powers, authority, prerogatives of management
and responsibility to enforce reasonable rules and regu­
lations governing the conduct and the activities of em­
ployees are retained by the State.

(2)

(3)

5

filiation of employees. Seventeen of the contracts, on
the other hand, limited the antidiscrimination clause to
union membership only:

that mission including the contracting out for or the
transfer, alteration, curtailment or discontinuance
of any goods or services, including the utilization
of part-time employees. However, the provisions
of this section shall not be used for the purpose of
undermining the union or discriminating against
any of its members.

(8)

It is agreed by the parties that none of the man­
agement rights noted above or any other manage­
ment rights shall be a subject of bargaining during
the term of this agreement. It is recognized by the
parties pursuant to Sec. 111.91 (2), Wis. Stats., that
the statutory and rule-provided prerogatives of
promotion, layoff, position classification, com­
pensation and fringe benefits, examinations, disci­
pline, merit salary determination policy, and other
actions provided for by law and rules governing
civil service are excluded front the collective bar­
gaining process and that none of the provisions of
the agreement are to be construed as bargaining
with respect to the aforementioned subjects.

In recent years, various groups have advocated protec­
tion for employees from all forms of discipline for con­
duct away from the job. One agreement took this into
account, extending the bar against discrimination to
behavior held to be legal:
(9)

The collective bargaining agreement can be viewed
by management as an incursion into its rights, since
some decisions which management made unilaterally
before the advent of collective bargaining are now
shared with the employee organization. Consequently
one goal of government employers is to insure that
those rights not specifically modified by the agreement
remain as management’s. This may be accomplished by
means of a residual rights provision written into the
management rights clause.
This statement of residual rights may take two forms.
The first has been presented above where the listing of
enumerated rights is carefully defined as illustrative
(“ . . .rig h ts . . . including by way of illustration, but
not limitation . . .” ) or as not inclusive (“ . . . rights
. . . including, but not limited to . .
The second is
a straightforward statement of residual rights:
(6)

(10)

The parties agree that in the administration of this
agreement, there will be no discrimination because of
race, creed, color, sex, national origin, handicap or age
as provided in applicable State or Federal law.

But in some instances there was no clause tying the
prohibition to the administration of the agreement, im­
plying thereby that any discriminatory behavior was
prohibited whether it was related to the contract or not:
(11)

The County retains and reserves unto itself all pow­
ers, rights, authority, duties and responsibilities con­
ferred upon and vested in it by the Commonwealth of
Pennsylvania and all matters not covered by this
agreement.

The State and the Association hereby agree that there
shall be no discrimination against any employee be­
cause of race, color, religion, creed, ancestry, sex, age,
national origin, or membership or nonmembership in
the Association.

In some agreements mention was made of specific
activities where discriminatory behavior was of con­
cern. For instance, discrimination in hiring or treatment
on the job, or discrimination because of union member­
ship was singled out as prohibited:

Antidiscrimination clauses

(12)

6

There will be no discrimination by either union or
employer with respect to any applicant or candidate for
employment or employee because of race, creed, color,
national origin, religion, sex or age.

(13)

Over three-fourths of the agreements, covering 85
percent of the employees, contained antidiscrimination
clauses (table 6). Usually these prohibited discrimina­
tion because of race, religion, or nationality; but some,
in addition, barred discrimination because of union
membership, sex, age, and marital status. Occasionally
clauses extended the bar against discriminatory be­
havior to ancestry, physical handicap, and political af­




The State and the union agree that the provisions of
this agreement shall apply equally to all employees and
that there shall be no intimidation, interference or dis­
crimination because of age, sex, marital status, race,
color, creed or national origin or political activity, pri­
vate conduct or union activity which is permissible
under law and which does not interfere with an
employee’s employment obligation.

As a general rule, provisions barred discrimination in
the application of the agreement:

Except as expressly limited by other provisions of
this agreement, all of the authority, rights and respon­
sibilities possessed by the employer are retained by it.

(7)

No employee shall be discharged or discriminated
against by the employer for upholding union principles
or working under the instruction of the union, as long as
such activity does not interfere with the efficient opera­
tion of the department. The employer shall grant
reasonable leave of absence to employees whenever
required in the performance of duties as “duly au­
thorized representatives of the union.” “ Duly au­
thorized representative” means a member of regularly
constituted committees and/or officers of the union.

The Department will not interfere with or discrimi­
nate in respect to any terms or condition of employment
against any employee covered by this agreement be­
cause of membership in, or legitimate activity as de­
scribed in this agreement on behalf of the union, nor will
the Department encourage membership in another
union.

exceptions to these prohibitions. One of the three
clauses found in this study provided for leaves of ab­
sence for employees elected to public office. The other
two agreements permitted employees to serve as parttime office holders provided that their performance on
the job would not suffer:

Neither the Department nor the union shall practice
or tolerate the existence of any discriminatory practices
based on race, religion, color, sex, or national origin
with regard to any aspect of employment, union mem­
bership or office, treatment of employees and union
members, services rendered, or facilities supplied by
the Department or union.

(17)

(14)

Public employees, most notably police and fire­
fighters, hospital employees, and social welfare work­
ers, may face court actions brought against them as the
result of incidents arising during the performance of
their duties. Twenty-six agreements provided workers
with some measure of aid or insurance in such cases.
N early one-half of these provisions were in Los
Angeles County agreements:

Residency requirements

A greem ents

Clauses requiring employees to live within a specified
area are generally intended to keep emergency person­
nel or workers in essential services close to their place
of work, or to achieve a sense of community involve­
ment and responsibility. At their inception in the
1930’s, residency requirements were designed to limit
available jobs to unemployed citizens of the local juris­
diction. Only two agreements in this study contained
residency requirements; both were concerned with
keeping bargaining unit employees within a reasonable
distance of the worksite:

Total with job-related
legal aid.............................
Los Angeles County agreements..
County agreements other than
Los Angeles.................................
State agreements.............................

The District shall give the union two days notice of
any opportunity for employment in order that the union
may refer to the District members who may be qualified
for such employment. Preference shall be given resi­
dents of Clark County. Permanent electrical workers
working out of Camas Headquarters must live within
thirty minutes travel time of that headquarters.

38,933

12

19,151

11
3

8,300
11,482

(19)

As in the case of residency requirements, only a very
small number of agreements (3) had provisions covering
political activity of bargaining unit employees. Public
sector employees may be covered by legislation which
prohibits m ost forms of political activity. W here
clauses exist in agreements, they are negotiated to grant

Employees covered by this agreement shall be pro­
vided, by the employer, a policy of false arrest liability
insurance. The premiums for such insurance will be
paid by the County.

(20)

Political activity




26

Workers

Some agreements stipulated that law enforcement per­
sonnel were to be provided with insurance to avoid
possible financial injury resulting from suits involving
such issues as false arrest, wrongful entry, libel, and
slander. The insurance could cover both compensatory
and punitive damages:

Probation officers after permanent appointment may
reside anywhere in the State of New Jersey, as long as
such residence is within a reasonable distance of the
location of the probation department.

(16)

Any employee elected to part-time public office shall
not suffer any economic loss or other rights under this
contract, as long as his part-time public office does not
interfere with his regular hours of work.

Job-related legal aid

The University and the union agree that there will be
no discrimination in the application of this agreement
because of race, creed, color, national origin, or sex.
Nothing in this section shall be construed to prevent
an employee alleging discrimination from exercising
constitutional authority or statutory rights which may
be available.

(15)

. . . Any employee who is elected to public office shall
be granted a leave of absence as is necessary to fulfill
the duties of such office . . . .

(18)

The presence of an antidiscrimination provision im­
plies that any discriminatory practice is a violation of
the agreement and therefore subject to the grievance
procedure. Ordinarily, internal appeals systems should
be exhausted before a complainant may go to the courts
or an administrative agency for aid. With respect to
discrimination, laws and administrative rulings permit
em ployees to bypass internal procedures. In one
agreement, the right to go outside was spelled out:

The County shall provide insurance coverage for em­
ployees protecting them from legal actions against them
which shall include but not be limited to civil suits, false
arrest suits, detention or imprisonment, malicious
prosecution, libel, slander, defamation or violation of
right of privacy, wrongful entry or eviction or other
invasion of right of private occupancy, invasion of civil
rights, etc., and which shall cover both compensatory
and punitive damages on both the State and Federal
level. Such insurance coverage shall only be afforded to
employees acting within the scope of their authority and
in the proper performance of their duty.

Health and medical workers can be subject to charges
of malpractice in the exercise of their duties. In some

7

thereby is provided with the financial security needed
for smooth fiscal planning and contract administration
while employees who do not want to join the union do
not have to do so.
One arrangement provided for a charitable contribu­
tion equal to union dues in lieu of a service fee:

agreements employers were required to provide them
with insurance as p rotection should dam ages be
awarded against them in any civil action:
(21)

. . . Employer will continue to provide, at employer’s
expense, a malpractice protection program for each
employee.

(25)

Sometimes the employer also had to provide for the
defense of an accused employee and stand ready to pay
costs of any adverse judgment:
(22)

Upon request of an employee, the County in accor­
dance with the provisions of the California Government
Code, will provide for the defense of any civil action or
proceeding brought against him on account of an act or
omission in the scope of his employment as an em­
ployee of the County, and will pay any judgment ren­
dered against the employee.

Union shop. The union shop, the strongest form of
union security found, requires, as a condition of
em ploym ent, m em bership in the union w ithin a
specified time period after employment or the effective
date of the agreement. These provisions amounted to
over one-fourth of the union security clauses in this
study (table 8).
Union shop provisions were generally very explicit,
giving the exact requirements and setting specific time
limits:

Union security
Union security arrangements were found in 29 per­
cent of the agreements studied (table 7). This low pre­
valence can be explained in part by ordinances in some
States and counties that expressly prohibit such ar­
rangements. Union security provisions appeared in a
relatively high proportion of agreem ents in public
works, education, and health and medical agencies.
Four types of union security agreements were found,
most commonly the agency shop and less frequently the
union shop, maintenance of membership, and the mod­
ified union shop.

(26)

Any employee covered by this agreement who is a
member of the union at the time this agreement be­
comes effective shall as a condition of continued
employment, continue membership in the union for the
duration of this agreement by tendering the periodic
membership dues uniformly required as a condition of
acquiring or retaining membership in the union.
Employees in the bargaining unit not members of the
union at the signing of this agreement may or may not
become members of the union, at their election;
however, such employees not members of the union on
July thirty-first (31st), 1971, shall as a condition of con­
tinued employment become members of the union
within thirty days following the date set forth in this
paragraph. Any such employees joining the union shall
be subject to the terms set forth in paragraph (a) of this
section.
All future full-time employees placed in occupational
classifications in this bargaining unit hired on or after
the effective date of this agreement, must as a condition
of continued employment become members of the
union upon completion of the six month probationary
employment period and remain members in good stand­
ing for the duration of this agreement by tendering the
initiation fee and membership dues uniformly required
as a condition of acquiring and retaining membership in
the union.

(27)

It shall be a condition of employment that all em­
ployees of the employer covered by this agreement who
are members of the union in good standing on the effec­
tive date of this agreement shall remain members in
good standing. It shall also be a condition of employ­
ment that any and all employees covered by this agree­
ment and hired on or after its effective date shall, on the

Agency shop. Agency shop provisions generally re­
quire all employees in the bargaining unit who do not
join the union to pay a fixed amount weekly or monthly,
usually the equivalent of union dues:
(23)

All employees in the unit covered by this agreement
shall as a condition of continued employment by Wayne
County in a classification covered by this agreement (a)
be a member of the union or (b) pay to the union a
monthly service charge in an amount equal to the
monthly dues of the union, the latter as a contribution to
the administration of this agreement.

(24)

Pursuant to Chapter 335 of the Acts of 1969, to
assure that employees covered by this agreement shall
be adequately represented by the union in bargaining
collectively on questions of wages, hours and other
conditions of employment, the Collector-Treasurer of
the City of Boston shall deduct from each payment of
salary made to each such employee during the life of
this collective bargaining agreement and pay over to the
union, the exclusive bargaining agent of such em­
ployee, as an agency service fee, the sum of one dollar
and fifty cents ($1.50) per week, which amount is pro­
portionately commensurate with the cost of collective
bargaining and contract administration. . . .

The service fee is intended to help defray the union’s
cost of acting as the bargaining agent. The union



An employee who is a member of the union on the
effective date of this agreement shall continue his mem­
bership for the duration of this agreement.
An employee who becomes a member of the union
during the term of this agreement, and new employees
hired after the effective date of the agreement, are not
required to join the union. However, they shall, during
the duration of the agreement, contribute an amount
equal to the union’s dues to any charitable, religious or
educational organization of their choice.

8

(30)

M odified union shop. Provisions for a modified union
shop were found in 10 agreements. These clauses make
exceptions to the union shop rule and allow employees
hired before a certain date to refrain from joining the
union. The date specified may exclude only long senior­
ity employees or may exclude all employees who were
not union m em bers w hen the agreem ent was
negotiated. With the passage of time and the attrition of
older workers, the modified union shop would become
a full union shop:
(28)

(29)

All present employees covered by this agreement
hired after January 1, 1940, shall become and shall
remain members of the union in good standing thirty
days after the effective date of this agreement.
All future employees covered by this agreement who
are hired on or after the effective date shall, as a condi­
tion of continued employment, make application to join
the union, become members of the union, and remain
members of the union in good standing for the life of this
agreement. The parties agree that such employees will
be given a period not to exceed thirty calendar days
from the effective date of this agreement or from the
date of their hire, whichever shall last occur, in which to
join the union before the provisions of this article shall
apply.

Each employee who, on the effective date of this
agreement, is a member of the union, and each em­
ployee who becomes a member after that date shall
maintain his membership in the union, provided that
such employee may resign from the union during a
period of fifteen days prior to the expiration of this
agreement. The payment of dues and assessments while
a member shall be the only requisite employment condi­
tion.

State and county legislation can have a significant
impact on the prevalence of union security provisions.
Pennsylvania State law, for example, makes mainte­
nance of membership a negotiable issue and prohibits
compelling an employee to join a union.3 Thus, all eight
Pennsylvania agreements containing union security
provisions provided only for maintenance of member­
ship.
Los Angeles County law is more restrictive and none
of the agreements in that county provided for any form
of union security. A Los Angeles county ordinance on
employee rights states, “ Employees of the County also
shall have the right to refuse to join or participate in the
activities of employee organizations. . . . ”

All employees covered by this agreement who are
members of the association on the effective date of this
agreement must maintain membership in good standing
in the association subject to the limitations of any State
or Federal law as a condition of employment.
Employees who have not completed their probation­
ary period on the effective date of this agreement, as a
condition of employment, must join the association be­
ginning on the 60th day from their date of hire or within
60 days from the effective date of this agreement,
whichever is later. New employees hired on or after the
effective date of the agreement must join the associa­
tion 61 days from their date of hire as a condition of
employment. Employees transferred into the bargain­
ing unit must also join the association as of the 61st day
of their transfer date. Present employees who are not
members of the association shall not be required to join
the association as a condition of employment.

Dues checkoff
Unlike union security clauses, checkoff clauses were
included in a large proportion (over four-fifths) of the
agreements. These clauses stipulated that the em­
ployer, upon authorization, would withhold union dues
from employee paychecks and forward such amounts to
the union or association (table 8). These provisions help
ensure the collection of dues and thereby free union
representatives for other duties such as contract ad­
ministration.
As table 9 indicates, dues checkoff provisions ac­
companied union security clauses in nearly all in­
stances, as would be expected. Most often however,
dues checkoff occurred in the absence of union security
arrangements.
Checkoff provisions generally included three fea­
tures: (1) written authorization by the employee to de-

M aintenance o f membership. Twenty-one agreements
included maintenance-of-membership clauses. These
provide for continued membership of presently en­
rolled employees for the duration of the contract. Those
workers who were not members prior to the effective
date of the agreement are not required to join, nor are
any employees who are hired after that date. New em­
ployees who join the union, however, are required to
maintain their membership for the duration of the
agreement. Clauses could contain an escape period for
employees who wish to resign from the union and could
require that the resignation be in writing:




Each employee who, on the effective date of this
agreement, is a member of the union, and each em­
ployee who becomes a member after that date shall
maintain his membership in the union, provided that
such employee may resign from the union during a
period of fifteen days prior to the expiration of this
agreement.
The employee shall send a letter to the department
concerned, as well as a copy to the headquarters of [the
union].
The copy to the union shall also include the official
membership card of the union . . . .

(7)

thirtieth day following the beginning of such employ­
ment, become and remain members in good standing in
the union.

3
Summary o f State Policy Regulations for Public Sector Labor
Relations: Statutes, Attorney Generals’ Opinions and Selected Court
Decisions (U.S. Department of Labor, Labor-Management Services
Administration, Feb. 1973).

9

duct dues; (2) protection of employers from suits re­
sulting from illegal or" wrongful deductions; and
(3) remittance to the union of dues withheld:
(31)

(32)

(33)

other than that constituting actual deductions made
from employee wages earned. The union shall save the
employer harmless against any and all claims, de­
mands, suits, orders, judgments or other forms of liabil­
ity that may arise out of or by reason of action taken by
the employer under this article.

Employees shall tender monthly checkoff member­
ship dues by signing the Authorization for Checkoff
Dues Form. Dues to be deducted after six months pro­
bationary period.
During the life of this agreement and in accordance
with the terms of the form of Authorization for Check­
off of Dues Form, hereinafter set forth, the County
agrees to deduct union membership dues levied in ac­
cordance with the Constitution and By-laws of the
union from the pay of each employee who executes or
has executed the “ Authorization for Checkoff Dues
Form” attached hereto and made a part hereof as Ex­
hibit “ A ” .
Checkoff deductions under all properly executed Au­
thorization for Checkoff of Dues Form shall become
effective at the time the application is signed by the
employee and shall be deducted from the first pay of the
month and the first pay of each month thereafter.
Deductions for any calendar month shall be remitted
to the designated financial officer of the local union with
the list of those for whom dues have been deducted as
soon as possible after the fifteenth day of each month.
An employee shall cease to be subject to checkoff
deductions beginning with the month immediately fol­
lowing the month in which he is no longer a member of
the bargaining unit. The local union will be notified by
the employer of the names of the employees following
the end of the month in which the termination took
place.

In three instances, provisions were included for
reimbursing the employer for the cost of deducting
dues:
(34)

Labor-management committees
Twenty-three percent of the agreements studied con­
tain e d clauses w hich e sta b lish e d jo in t labormanagement committees to discuss issues relevant to
the employer-employee relationship (table 10). As a
rule, they dealt with issues of mutual concern that had
not yet been written into the collective bargaining
agreement. In all cases, issues involving grievances or
the terms of the contract were excluded. The commit­
tees were to meet at regular intervals during duty hours.
These committees assure continuing regular contact
between the parties in a nonadversary situation to help
build understanding and cooperation that might carry
over into the settlement of grievances and the conduct
of negotiations:

Employees shall tender the initiation fee and monthly
membership dues by signing the Authorization for
Checkoff of Dues Form.
Checkoff forms: During the life of this agreement and
in accordance with the terms of the Form . . ., the
employer agrees to deduct union membership dues
levied in accordance with the constitution and by-laws
of the union from the pay of each employee who exe­
cutes or has executed an Authorization . . . Form
which has been approved by the employer.
When deductions begin: Checkoff deductions under
all properly executed . . . forms shall become effective
at the time the application is signed by the employee and
shall be deducted from the last pay of the month and
each month thereafter.
The deductions shall be certified to the employer by
the treasurer of the union on authorization from payroll
deduction cards, in form acceptable to employer, and
signed by the employees. The aggregate deductions of
all em ployees shall be remitted together with an
itemized statement to the treasurer by the 15th of the
current month after such deductions are made.

(35)

. . . The employer agrees that it will deduct from the
earnings of all regular full-time employees and of all
regular part-time employees working 1,040 hours or
more per year in the collective bargaining unit covered
by this agreement the amount of money certified by the
union as being the monthly dues uniformly required of
all employees . . . .
The employer shall not be liable to the union, em­
ployees or any party by reason of the requirements of
this article for the remittance or payment of any sum




The County agrees to deduct the sum of 500 per
payroll period from the paycheck of each employee
who has signed a payroll deduction card and filed it with
the County Auditor. All such sums collected shall be
transmitted to the Treasurer of the Association
monthly. Checkoff may be terminated by written notice
from the employee, and shall take effect 90 days after
receipt of such notice.
The Association agrees to pay to the County for such
service a sum equal to 500 per average member per
year.

10

In order to encourage the exchange of information
and to propose and develop solutions to problems of
general interest, the following employee-management
relations committees shall be established: (1) Fairfax
County School Board/Local Union 1919 and;
(2) General County/Local Union 1924. The School
Board/Local 1919 committee shall consist of the Presi­
dent of Local 1919, two employees from the Support
Services Department, one employee each from the four
administrative areas as elected or designated by the
union; and School Board representatives designated by
the Division Superintendent of Schools. The General
County/Local 1924 committee shall consist of the Pres­
ident of Local 1924, two employees from E.M.T.A.,
and one employee each from the Department of General
Services, the Park Authority, Plant Operations, Solid
Waste, Maintenance and Construction, and Line
Maintenance Divisions, as elected or designated by the
union; and General County Representatives as desig­
nated by the County Executive.
Meetings of the Committees shall be scheduled by
mutual agreement of the County and the union but in no

ployees and the employer will make every effort to
improve conditions to promote health and safety among
the employer’s employees. The committee shall make
recommendations respecting conditions which in its
opinion require correction and the employer agrees that
it will use due diligence to avoid hazardous conditions
and make reasonable efforts to eliminate any condition
which might result in injury or illness to any employee.
No employee shall be required to work with any piece
of equipment or under any condition that has been
declared unsafe by the committee until such time as the
unsafe equipment or condition complained of has been
corrected.
The committee shall be composed of four members
designated by the union, one of whom shall be the
president, and four members designated by the em­
ployer, one of whom shall be the superintendent. All
recommendations with respect to safety shall be
adopted by a majority of the committee. If the commit­
tee is unable to reach a majority decision on any ques­
tion of safety, the question shall be referred to the
person or persons selected by a majority of the commit­
tee to decide the issue.
Minutes shall be kept of all meetings and shall be
distributed to the employer and the union to the end that
both the employer and the employees will have an un­
derstanding of the deliberations of the committee.

event will the Committees regularly meet more than
once in any calendar month. Meetings will normally be
scheduled to commence sometime between the hours of
8:00 a.m. and 5:00 p.m. Employee members of the
Committees shall suffer no loss of pay for attending
committee meetings during their regularly scheduled
work period.
(36)

There shall be a labor-management committee which
will consist of not more than five members who shall be
designated in writing in advance by the Association and
not more than four members designated by the Fire
Chief. This labor-management committee shall meet on
a monthly basis or less often, by mutual consent, and
such meetings will be to discuss problems and objec­
tives of mutual concern not involving grievances or the
terms and conditions of this agreement.
The Fire Chief will also furnish a secretary to take
minutes of the meetings and these minutes will be
mailed to each member of the committee and alternates
and all stations not later than 15 days after the meetings.

Eighteen percent of the agreements studied provided
for joint safety committees. These also were to meet
regularly and were made up of a fixed number of rep­
resentatives. The functions of safety committees varied
from periodic consultation to investigation of unsafe
conditions. As a rule, their powers extended only to
making recommendations to the parties having the
power to make changes in unsafe conditions:
(37)

(38)

(39)

Two contracts included provisions which established
affirmative action committees. These committees were
charged with making recommendations concerning the
status of minorities and women in the workplace. Both
clauses provided for establishing training programs,
one specifically stating that its purpose was to prepare
minorities for accelerated promotion. The other clause
set as objectives the establishment of career ladders for
minorities and the identification and correction of ine­
quities:

It is the expressed policy of the employer and the
union to cooperate in an effort to improve health and
safety matters. To aid in the furtherance of this expres­
sion, a Joint Union-Employer Health and Safety com­
mittee shall be established for the bargaining unit at the
Home at King, Wisconsin. The union shall select three
representatives to serve on the committee with three
representatives selected by the Commandant of the
Home.
The committee will meet monthly (unless mutually
agreed otherwise) at a mutually satisfactory time to
consider health and safety matters relating to bargain­
ing unit employees at the Home and will submit in
writing any recommendations it may have to the Com­
mandant of the Home.

(40)

(41)

The employer and representative shall designate a
safety committee member. It shall be their joint respon­
sibility to investigate and correct unsafe and unhealthful conditions. They shall meet periodically, as neces­
sary, to review conditions in general, and to make re­
commendations to either or both parties when appro­
priate. The safety committee member representing the
representative shall be permitted a reasonable oppor­
tunity to visit work locations throughout the employer’s
facilities where employees who are covered by this
agreement perform their duties, for the purpose of in­
vestigating safety and health conditions, during work­
ing hours, with no loss in pay, for periods not to exceed
one hour per day, unless additional time is authorized
by the superintendent, or the employer.
. . . The committee shall also be the means of handling
problems that may arise concerning safety of working
conditions. Each of the parties recognizes the impor­
tance of protecting the health, life and limb of em­




11

The committee shall make recommendations to the
department as are necessary to accomplish a meaning­
ful affirmative action program consistent with the pol­
icy positions set forth by the County Board of Super­
visors. Such recommendations shall, as soon as feasi­
ble, include an intra-department on-the-job training
program designed to prepare for accelerated promotion
to all levels of department operations, employees who
are identified as racial or ethnic minorities, as well as
women. Participation in such training programs shall
not, in any way, be abridged because of bargaining
union affiliation or the lack of same.
A Joint Affirmative Action Career Development
Committee shall be established for the purpose of con­
sidering and developing proposals aimed at improving
and enlarging the career opportunities of minorities and
women in the Commonwealth’s service. The Commit­
tee shall consist of eight members, four members ap­
pointed by the union and four by the Commonwealth.
The Committee shall develop recommendations and
submit them to appropriate Commonwealth officials for
consideration. Its proposals shall be consistent with the
following objectives:
To establish career ladders leading to higher level
positions for minorities, women, and other em­
ployees covered by this agreement.

quite detailed—some even indicated the size, type, and
number of bulletin boards that would be permitted. A
listing of what could be posted, including notices of
union elections, meetings, social affairs, appointments,
and committee reports, was often specified in the provi­
sion. In several instances, the provisions prohibited the
posting of material that was considered by the employer
to be either political, libelous, inflammatory, or denun­
ciatory in nature. The employer could be permitted to
post notices pertaining to transfer, job, and promotional
opportunities:

To identify and correct existing employment ine­
quities.
To develop training programs aimed at preparing em­
ployees for advancement to higher level positions.
Such programs may include in-service training,
utilizing the internal resources of the Common­
wealth, or out-service training that makes use of
educational and other community resources.
The Commonwealth shall, when compiling such in­
formation, inform the Joint Affirmative Action Career
Development Committee of management’s projections
of manpower requirements based on contemplated in­
creases in existing services, new programs, and normal
attrition of the work force.

(45)

The employer shall provide bulletins boards at loca­
tions mutually agreed upon for use by the union to
enable employees of the bargaining unit to see notices
posted thereon when reporting to or leaving their work
stations, or during their rest periods. All notices shall be
posted by an officer of the local and shall relate to the
matters listed below:
Union recreational and social affairs;
Union meetings;
Union appointments;
Union elections;
Results of union elections;
Reports of standing committees of the union;
Rulings or policies of the international union or other
labor organizations with which the union is af­
filiated;
Any other material authorized by the employer and
officer of the union.
Clipboards will be attached to the bulletin boards for the
posting by management of notices relating to:
Transfer opportunities available under the provision
of Article XI.
Promotional opportunities at UWM.
Other job opportunities at UWM.
The minimum size of a bulletin board shall be three feet
by four feet, unless both parties agree it should be
smaller. If any bulletin boards now being used by the
union are larger than the minimum size noted above,
they shall be retained at their present size.

(46)

In any building where there are three or more perma­
nently assigned employees represented by this bargain­
ing group, the employer shall assign a locked bulletin
board which shall be used by the union for posting
notices, bearing the written approval of the president of
the union local, which shall be restricted to:
Notices of union recreational and social affairs;
Notices of union elections;
Notices of union appointments and results of union
elections;
Notices of union meetings;
Other notices of bona fide union affairs which are not
political or libelous in nature.

(47)

The union and its authorized representatives shall be
permitted to use the bulletin boards for notices of an
informational nature. It is understood that it would be
improper to post material of an inflammatory or
denunciatory nature.

Union activities
Meeting facilities. Sixteen percent of the agreements,
covering nearly one-third of the workers in the study,
gave employee organizations the right to use govern­
ment facilities for meetings (table 11). However, the use
of facilities placed certain obligations on the union or
association. As a rule, meetings had to be during non­
duty hours, and the organization could be assessed
costs. The number of persons attending and frequency
of use could be limited; advance notice was required:
(42)

Association members or representatives may be
permitted to use suitable facilities on the employer’s
premises to conduct Association business during non­
work hours upon obtaining permission from the
employer’s personnel officer or his designated rep­
resentative. Any additional cost involved in such use
must be paid for by the association.

(43)

The County grants C.S.E.A. the right to use the
Board of Supervisor’s Room on the third floor of the
County Office Building for C.S.E.A. purposes. Ar­
rangements for the use of such space shall be scheduled
with the clerk of the Board of Supervisors, and no more
than forty persons shall be permitted to use the room at
any one time and the room shall not be used later than
10:00 P.M.

(4)

C.S.E.A. is accorded the privileges of use of meeting
space in county-owned or leased buildings with the
following restraints:
The meetings shall be limited to the C.S.E.A. execu­
tive committee of not to exceed 25 persons and to be
held not more than once a month; the meetings shall be
held one hour before or one hour after the normal work­
ing day or during the lunch period and shall be prear­
ranged with the Department Head.

(44)

On twenty-four hours’ notice to the appropriate au­
thority, the Faculty Federation shall have the right to
schedule a Federation meeting during normal operating
hours in the buildings of the campus. After a Federation
meeting has been scheduled, no other meetings involv­
ing faculty members shall be scheduled at the same
time.

Bulletin boards. Seventy percent of the agreements
provided for bulletin boards or for other means of pub­
licizing union business. Many of the provisions were




The employee organization could be required to submit
items to the employer for approval prior to posting. This
approval could extend to other means of distributing

12

cepted reasons for visiting the workplace. Other stipu­
lations permitted the employer to designate the work
areas the representative could visit or provided an es­
cort to accompany the representative where unlimited
access could not be allowed:

union literature, for example, the use of boxes adjacent
to employee time clocks:
(48)

The County will furnish the “ union” with sufficient
bulletin board space for up to four “ union” notices size
8V£” x 14” at each of the agreed locations. The union
shall submit items to the assistant to the County Man­
ager for Labor Relations prior to posting. Authorization
to post notices will not be unreasonably withheld.
It is intended, for purposes of interpretation, that the
bulletin boards indicated on the attached list shall be
those provided primarily for employee information and
internal communications and not for the primary pur­
pose of communicating with the general public.
The time clock boxes, as long as they are used by the
County, may be used for distribution of “union” litera­
ture as defined above. The County agrees not to destroy
or discard the “ union” literature contained in the time
clock boxes.

(51)

(52)

A dditional m eans of publicizing the em ployee
organization’s activities included the use of internal
mail systems and of some of the employer’s office
equipment. The union could, however, be required to
pay costs. One agreement permitting the use of the
employer’s mail system prohibited the inclusion of
union material in mail containing salary or expense
checks and also stated that the employer would not be
required to distribute any material considered to be
controversial:
(49)

(50)

AAUP shall have the right to make reasonable use of
the University facilities and equipment, including dup­
licating, computing and office equipment, and available
audiovisual equipment, all in accordance with Univer­
sity procedures. AAUP shall pay reasonable costs for
the use of facilities and equipment.

Authorized CAPE representatives may be given ac­
cess to work locations during working hours to conduct
grievance investigations and observe working condi­
tions. A CAPE representative desiring access to a work
location hereunder shall state the purpose of his visit
and request the Department Head’s authorization at
least twenty-four hours before the intended visit unless
the parties mutually agree to waive notice.
CAPE shall give the Department or District Head
affected a written list of all authorized representatives
which list shall be kept current by the Association.
Access to work locations will only be granted to rep­
resentatives on the current list . . . .

Union steward or representative functions. The duties
of the employee organization’s stewards and represen­
tatives were specified in four-fifths of the agreements
studied. Provisions did not usually include much detail
concerning the functions of stewards or representa­
tives, but rather referred to duties in general terms or
listed activities that would be permitted. More often
than not, statements on functions were included in
clauses providing paid time for such activity.
Participation in collective bargaining negotiations
and the processing of grievances were the activities
most frequently specified. Other duties included post­
ing notices, transmitting messages, and consulting with
the employer on working conditions and enforcement
of the agreement:

The union shall have reasonable use of the
employer’s mail distribution system to employees, pro­
vided that such use does not require additional mailing
expenditures by the employer. The employer, how­
ever, shall not be required to distribute any material
which the Director considers controversial; nor shall
union material be included in mail containing salary or
expense checks.

Visiting rights. Nearly one-half of the agreements
granted visiting rights to nonbargaining unit union or
association representatives for the purpose of conduct­
ing union business. The provisions could allow visits by
any officers or representatives who were not employees
or, less frequently, they could limit visits to those
whose names appeared on a list of authorized represen­
tatives. Visiting rights clauses generally stipulated that
prior approval by the employer had to be obtained
before the union official could enter the worksite. In
some instances, however, the parties could agree to
waive this notice requirement. Clauses also generally
placed limitations on the purpose of these visits. Con­
tract administration, adjustment of grievances, and ob­
servation of working conditions were commonly ac­




The employer agrees that non-employee officers and
representatives of the WSEU or of the international
union shall be admitted to the premises of the employer
during working hours upon 24 hour advance notice (if
possible) to the appropriate employer representative.
Such visitations shall be for the purpose of ascertaining
whether or not this agreement is being observed by the
parties and for the adjustment of grievances. The union
agrees that such activities shall not interfere with the
normal work duties of employees. The employer re­
serves the right to designate a meeting place or to pro­
vide a representative to accompany the union officer
where operational requirements do not permit unli­
mited access.

(43)

(53)

13

Absence from work assignments for union activities
will be permitted for those actively participating in (a)
collective bargaining negotiations with County rep­
resentatives; (b) grievance procedures to which refer­
ence is made hereinafter; and (c) other legitimate union
activities other than those set forth in (a) and (b) herein
upon request to, and the receipt of permission from, the
respective department head of such employee.
The public employer agrees that during working
hours, on the public employer’s premises, and without
loss of pay, union stewards and proper designated
union representatives shall be allowed to within reason:
Investigate and process grievances;

Post union notices within five minutes of quitting
time;
Attend negotiating meetings;
Transmit communications authorized by the union or
its officers to the public employer or his represen­
tatives; and
Consult with the public employer, his representa­
tives, local union officers, or other union represen­
tatives concerning the enforcement of any provi­
sions of this agreement.
(54)

transact such investigations or processing shall first
obtain permission from their immediate supervisor and
inform him of the nature of the business. Permission to
leave will be granted promptly unless such absence
would cause an undue interruption of work. Except,
however, denial of permission will automatically con­
stitute an extension of the time equal to the amount of
the delay. If such permission cannot be granted
promptly, the steward will be immediately informed
when time will be made available. Such time will not be
more than 24 hours, excluding Saturday, Sunday, and
holidays, after the time of the steward’s request, unless
otherwise mutually agreed to.
Upon entering a work location, the steward shall
inform the cognizant supervisor of the nature of his
business. Permission to leave the job will be granted
promptly to the employee involved unless such absence
would cause an undue interruption of work. Except,
however, denial of permission will automatically con­
stitute an extension of the time equal to the amount of
the delay. If the employee cannot be made available,
the steward will be immediately informed when the
employee will be made available. Such time will not be
more than 24 hours, excluding Saturday, Sunday, and
holidays after the time of the steward’s request, unless
otherwise mutually agreed to.
LACE A, Local 660, SEIU, agrees that a steward
shall not log compensatory time or premium pay time
for time spent performing any function of a steward.

The County recognizes the right of the employees to
designate three representatives of the C.S.E.A. to rep­
resent them in matters arising under this agreement,
such as salaries, wages, working conditions, disputes,
and grievances. Any one of such representatives may
make a reasonable number of visits to employees during
working hours for the purpose of discussing such mat­
ters, and any one of said representatives may also ap ­
pear before a department head, or the appropriate
committee of the County Legislature, or the County
Legislature itself, or the Arbitration Board when occa­
sion may reasonably require such an appearance.

Paid time o ff fo r union business. Provisions granting
employees who were union representatives time off
with pay to conduct union business were fairly com­
mon, appearing in 75 percent of the agreements studied
(table 12). The largest number provided time without
loss of pay or benefits for union representatives, gener­
ally stewards, to investigate, prepare, and process em­
ployee grievances. Provisions for paid time for negotia­
tions and for union conventions or training were each
included in one-third of the agreements providing paid
time off.
It is not surprising that time off for handling employee
grievances was mentioned most frequently, since this is
the principal function of the union steward and is of
fundamental importance in the day-to-day administra­
tion of the contract. Virtually all of the paid time provi­
sions placed limits on the circumstances under which
the time could be used or upon the amount of paid time
that would be permitted. Advance permission by the
stew ard’s immediate supervisor, the supervisor of the
work location the steward wished to visit, or both, was
required under most grievance procedures. Handling
grievances was usually not to be allowed to interfere
with a stew ard’s regularly assigned work and the log­
ging of any compensatory or overtime pay as a result of
union activity was prohibited:
(55)

(56)

(31)

In one unusual provision, paid time for participation in
the grievance procedure was specifically forbidden:
(7)

All employees attending conferences, meetings,
and/or hearings involving this grievance procedure will
do so on their own time.

In addition to paid time off for processing grievances,
stewards or representatives could be allowed time off to
attend contract negotiations, union conventions, or
training sessions. The clauses usually stated that
negotiations would be held during regular hours. There
were some exceptions to this rule, however, where
provisions indicated that negotiations would be held
outside of regular duty hours if possible. Representa­
tives could be given reasonable paid travel time if
negotiations were to be conducted away from the work
site, as often occurs, for example, with State or coun­
tywide agreements covering several activities:

The steward may investigate any alleged grievance
and assist in its presentation. He shall be allowed
reasonable time therefore during working hours with­
out loss of time or pay, upon notification and with the
approval of his immediate supervisor and such approval
shall not be unreasonably withheld.

(57)

Stewards may spend a reasonable amount of time to
promptly and expeditiously investigate and process
formal grievance without loss of pay or benefits of any
kind. Stewards, when leaving their work locations to




The bargaining unit shall be represented by one stew­
ard and one alternate who shall be a regular employee.
It will be the duty of the steward (or the alternate) to
present grievances of the employees to the Sheriff
without loss of time or pay. The alternate shall act in the
absence of the steward.

14

The County agrees that it will permit and pay rep­
resentatives of the association who are regular County
employees, time while on the job to resolve association
grievances and time to meet with County representa­
tives to resolve differences and discuss or interpret the
terms of this agreement. The County also agrees to
permit negotiators for the association who are regular
County employees time while on the job to negotiate
future agreements.

(58)

(34)

purposes. One provision allowed additional time with­
out pay, upon approval, should these limits be ex­
ceeded. Provisions could require that absences be
coordinated, state that the needs of the agency prevail
in case of any conflict, and consider time for training or
conventions as time worked for purposes of assigning
overtime:

A reasonable number of em ployees serving on
UUP’s negotiating team shall be granted reasonable
and necessary employee organization leave, including
travel time, for the purpose of negotiating with rep­
resentatives of the State.
Employees serving as members of the Association
bargaining committee shall be paid their normal base
rate for all hours spent in contract negotiations carried
on during their regular work day. Effort shall be made to
conduct negotiations during non-working hours to the
extent possible, and in no case shall such meetings be
unnecessarily protracted. Employees released from
duty for negotiations shall be allowed reasonable travel
time between their work site and meeting locations.

(61)

(11)

(59)

Persons who are officers, delegates or alternates of
the union may be granted leave with pay for the purpose
of attending the State and national convention of their
organizations. If a person is granted permission to at­
tend such a convention under this rule, the person shall
be granted leave of absence with pay and said absence
shall not be charged against available vacation leave
credits. If two or more officers, delegates or alternates
are from the same district and shift, arrangements must
be made to exchange days off so that adequate coverage
will be maintained. Such exchange of days off can only
be made with the approval of the commanding officer of
the district.
The number of delegates to the convention shall be
limited to the provisions in the current constitution of
the parent organization involved which shall be made
available to the employer.

Leaves of absence with pay will be granted to those
employees who are elected or selected by the union to
attend educational classes conducted by the union. The
number will not exceed four employees at any one time
for a combined total of eighteen working days per con­
tract year during the term of this contract. Such ab­
sences under this section shall be approved if not less
than five working d ays’ notice is given to the
em p loyee’s supervisor and provided that the
employee’s absence will not unreasonably interfere
with the University’s operations.

Persons who are officers, delegates or alternates of
the Association may be granted leave with pay for the
purpose of attending the State and National convention
of their organization. If a person is granted permission
to attend such a convention under this rule, the person
shall be granted leave of absence with pay and said
absence shall not be charged against available vacation
leave credits.

(60)

The State also agrees to grant up to five scheduled
workdays of time off with pay per calendar year to each
member of the Association’s Board of Trustees or other
designated Association members, the total members
not to exceed ten in number, to attend area, regional, or
national conferences, meetings, or seminars on union
or Association-related matters. Such time off shall not
be charged against the employee’s accrued annual leave
balance. The Department of Personnel shall be notified
in writing by the Association of the names of Associa­
tion members who are scheduled to attend any such
meetings and the dates thereof.
It is agreed that members of the management unit
shall coordinate their absences from work under these
provisions with their supervisors and/or appointing au­
thorities. If a conflict arises between the needs of the
employing agency and the Association for the time and
services of an employee during working hours, the
needs of the agency shall prevail and the employee shall
remain on duty rather than attend the Association meet­
ing or convention.
It is further agreed that such time off shall not be
considered “ hours of work” for purposes of determin­
ing eligibility for overtime compensation.

(62)

Selected members.of the employee organizations could
also be permitted official time to attend their State or
national conventions. Advance permission was nearly
always mandatory and the clause could require that
time away from the job be scheduled in such a way that
the absent employees’jobs were adequately covered. It
was also common to limit the number of employees
excused at one time for conventions:

No more than three members of the union elected to
attend a function of the Council and/or international
union, such as conventions or education conferences,
shall be allowed time off without loss of time or pay to
attend conferences and/or conventions for the local
union.
Such time off with pay shall be limited to seven days
for each two years for each member so elected. Any
additional time off will be allowed without pay upon
approval of the County employer.

Some contracts granted paid leave for union training
sessions. Again, limits were often placed on the number
of employees and the number of days allowed for these




15

Table 6. Management rights and antidiscrimination provisions in State and county
collective bargaining agreements by level of government, 1972-73____________

Provision

Level of government

All
agreements

County

State

Agreements

Workers

Agreements

Workers

Agreements

Workers

Total ...............

318

340,447

106

151,257

212

189,190

Management r ig h ts ....
A ntidiscrim ination pro­
vision .........................
Traditional a n tid is­
crim ination pro­
visio n1 ...................
Union membership
o n ly .......................

226

253,765

87

123,059

139

130,706

248

290,001

94

129,887

154

160,114

231

265,327

87

125,964

144

139,363

17

24,674

7

3,923

10

20,751

1 traditional antidiscrimination provision lists the kinds of
A
discrimination that are prohibited. Most frequently listed are
race, religion, and nationality; less often, age, sex, union




membership, and marital status.
NOTE: Nonadditive. An agreement may contain more than one
of the provisions listed.

16

Table 7. Union security provisions in State and county collective bargaining agreements by level of government
and government activity, 1972-73
Referring to type of union security

Item

All
agreements

Union
shop

Total

Agree­
ments
T o ta l...

Modified
union
shop

Workers

Agree­
ments

Workers

Agree­
ments

318

340,447

93

71,715

26

106

151,257

31

31,660

9

41

127,878

3

984

15

18,209

5

4,146

4

3,272

1

236

9
14
36

2,475
8,494
38,832

3
3
12

390
410
5,514

4

Agency
shop

61,312

171

No
reference
to
union
security

M ainte­
nance
of
member­
ship

Agree­
ments

Workers

5,673

10

1,920

36

27,344

2,239

6

1,359

8

4,076

Agree­
ments

Workers

Agree­
ments

21

36,778

225

268,732

8

23,986

75

119,597

41

61,312

109

87,823

3

984

10

14,063

3

3,036

6
11
24

2,085
8,084
33,318

10,600

4

10,600

8

7,474

8

7,474

45

42,473

16

9,457

6

951

1

244

1

87

8

8,175

29

33,016

29

18,137

9

2,240

1

450

1

50

5

770

2

970

20

15,897

1

117

1

117

3

12,200

3

12,200

2
46

252
15,065

2
22

252
4,072

4

4,516

2

2,575

1
21

850
18,728

5

572

2

151

73

137,769

13

41,851

4

2,115

Workers

Workers

Agree­
ments

Workers

LEVEL OF
GOVERNMENT
S ta te ...............
Los Angeles
County........
All other
c o u n ties.....

62

40,055

17

3,434

4

561

28

23,268

13

12,792

GOVERNMENT
ACTIVITY
Agricultural
s e rv ic e s .....
Central admin­
istra tio n .....
Central
s e rv ic e s .....
Correctional
in s titu tio n s .
C o u rts ............
E d u ca tio n .......
Employment/
compensa­
tion ............
Fire pro­
te ctio n ........
Health/
m edical.......
Law enforce­
m e n t...........
Libraries and
related
s e rv ic e s .....
Public trans­
p ortatio n ....
Public
u tilitie s .......
P u b lic w o rk s ...

Regulatory
agencies/
lic e n s e s .....
Sanitation and
related ser­
vices ...........
Social w elfare.
Ju risd ictio n­
w ide............




2

270

285

2

612

164

2
5

1
2

—

252
586

80
826

2

150

1

712
236

1
2
8

105
330
4,076

1

—

_

75

11

2,557

1

3,000

_
_

3

421

331

3

18,050

4

778

24

10,993

1

—

—

17

1
1

2
—

1

2,500

2

1,941

1
16

850
18,156

60

95,918

—

—

5

21,355

Table 8. Dues checkoff provisions in State and county collective bargaining
agreements by government activity, 1972-73__________ ________________
All
agreements

Government activity

Dues checkoff

Agreements

Workers

Agreements

Workers

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

318

340,447

266

286,148

Agricultural s e r v ic e s ....................................
Central adm inistration ................................
Central services ...........................................
Correctional institution s .............................
C o u r t s ...........................................................
Education ......................................................
Employment/compensation ..........................
Fire protection .............................................
Hea Ith/med i c a l .............................................
Law enforcement .........................................
Libraries and related services ...................
Public transportation ..................................
Public u t i li t ie s .............................................
Public works ................................................
Regulatory a g e n cie s/lice n se s......................
Sanitation and related s e rv ic e s ..................
Social w e lfa r e ..............................................
Jurisdictionw ide ..........................................

3
15
4
9
14
36
4
8
45
29
1
3
2
46
4
1

984
18,209
3,272
2,475
8,494
38,832
10,600
7,474
42,473
18,137
117
12,200
252
15,065
4,516
850
18,728
137,769

3
12
4
8
10
30
4
4
38
25
1
2
1
37
4
1

984
12,037
3,272
2,365
8,097
35,102
10,600
4,899
40,941
16,537
117
3,400
91
11,886
4,516
850
18,603
111,851

21
73

19
63

Table 9. Union security provisions in State and county collective bargaining
agreements by dues checkoff, 1972-73
Agreements
with dues check­
off provisions

All
agreements

Provision

No reference
to
dues checkoff

Agreements
Total ..........................
Total with union security ....
Union shop ...................
M odified union shop ....
Agency shop ................
Maintenance of member­
ship ............................
No reference to union
security .............................

Workers

Agreements

Workers

Agreements

Workers

318

340,447

266

286,148

52

54,299

93
26
10
36

71,715
5,673
1,920
27,344

87
22
8
36

70,861
5,240
1,499
27,344

6
4
2

854
433
421

—

—

21

36,778

21

36,778

—

—

225

268,732

179

215,287

46

53,445

Table 10. Labor-management and related committees in State and county
collective bargaining agreements by level of government, 1972-73

Provision

Level of government

All
agreements

State

County

Agreements

Workers

Agreements

Workers

Agreements

Workers

Total ........................... ............

318

340,447

106

151,257

212

189,190

Labor-management committee .........
Safety committee ................................
Equal employment opportunity
committee ......................................

74
58

130,723
62,468

44
32

89,427
41,825

30
26

41,296
20,643

2

16,752

1

14,500

1

2,252

NOTE: Nonadditive. An agreement may contain more than one
of the provisions listed.




18

Table 11. Union activity provisions in State and county collective bargaining
agreements by level of government, 1972-73__________________
All

Level of government

dgreemenib

County

State

Provision
Agreements

Workers

Agreements

Workers

Agreements

Workers

Total ........................................

318

340,447

106

151,257

212

189,190

Facilitie s for meetings ......................
P ublicity and bulletin boards ...........
V isitin g rights ....................................
Steward and representative
fu n c tio n s .........................................

50
223
151

111,394
271,336
190,998

29
91
68

81,227
121,172
79,591

21
132
83

30,167
150,164
111,407

256

295,174

94

130,705

162

164,469

NOTE: Nonadditive. An agreement may contain more than one
of the provisions listed.

Table 12. Paid time for union business in State and county collective bargaining
agreements by level of government, 1972-73
All

Level of government

dgieemenii
Provision

State

County

Agreements
Total ........................................
Total with paid time for
union b u s in e s s ...................
Grievance preparation and
processing ......................................
N e g o tia tio n s ........................................
Union conventions or training
s e s s io n s ..........................................
Grievances and negotiations ............
Grievances, negotiations, and
c o n v e n tio n s .....................................
Grievances and conventions ..............
Negotiations and conventions ...........
Addendum:
Grievance preparation and
processing ......................................
Negotiations ........................................
Union conventions or training
s e s s io n s ..........................................

Workers

Agreements

Workers

Agreements

Workers

318

340,447

106

151,257

212

189,190

237

290,976

91

129,404

146

161,572

98
12

118,156
9,545

21
4

19,464
1,980

77
8

98,692
7,565

14
50

31,067
57,500

6
25

20,325
35,677

8
25

10,742
21,823

14
46
3

35,213
34,580
4,915

9
23
3

30,336
16,707
4,915

5
23

4,877
17,873
—

208
79

245,449
107,173

78
41

102,184
72,908

130
38

143,265
34,265

77

105,775

41

72,283

36

33,492

NOTE.- The first part of the table presents the various combinations of paid time for union business; the addendum shows




—

the total for each type of union business,

19

Chapter 3.

Personnel Actions

Promotions

volved, first, the posting of job vacancy announce­
m ents in prom inent places, and second, the sub­
sequent bidding for them by interested employees
(table 13). If they w anted to be c o n sid ered for
prom otion, in other words, em ployees had to ini­
tiate action on each higher grade opening that was
announced. No one would be considered who did
not apply.
P ro v isio n s d ealt w ith sev eral a sp e c ts of this
posting-bidding p ro ce d u re , including specifying
whether the union was to receive notice of vacan­
cies, and w here postings were to be made. They
might stipulate time lim its on how long postings
w ould be open and on how m any days em ­
ployees would have to apply. How to settle dis­
pu tes on the tim eliness of a p p licatio n s, as well
as rules on to whom employees may apply, might
be set forth. Finally, clauses m ight require th at
postings show a job description, a listing of duties,
and the pay scale:

In the days before collective bargaining, deci­
sions to promote employees were, in many jurisdic­
tions, a function of civil service or merit prom o­
tion rules and regulations. These had been estab­
lished to insulate career employees from political
pressure, and were considered to be guarantees that
promotion opportunities would be applied equitably
to all qualified civil servants. However, employees
began to question the equity of these rules and regu­
lations, since they were controlled by management
alone. State and local civil service commissions, they
felt, could not truly represent the interests of em­
ployees except within the narrow range defined by
their original intent; namely, protection against the
worst aspects of the spoils system.
Once em ployee organizations were form ed and
began to grow , e m p lo y ees, for th e first tim e,
could seek a voice in how prom otion procedures
were written and administered. At the very least,
existing procedures could be incorporated into the
agreem ent where they might then become subject
to the grievance procedure and perhaps even to
modification through collective bargaining.
Approximately 64 percent of the contracts studied
contained references to promotion opportunities and
procedures, some brief and others detailed (table
13). The more extensive provisions dealt with such
questions as how em ployees were to be selected
for co n sid eratio n w hen prom otion opp o rtu n ities
opened and, when considered, what factors would
be applied in making the selection of the individ­
ual to be promoted.
In determining which employees would be con­
sidered for prom otion, two approaches could be
used. Under automatic consideration, any employee
who met minimum qualifications for the job would
be examined, with no positive action necessary by
the em ployee to initiate the process. In a varia­
tion of this approach, employees might be required
to make a general showing of interest to the person­
nel departm ent, after which they would be auto­
m atically considered for any job for which they
might qualify.
Over three-fourths of the agreements referring to
prom otions took another approach, one which in­




(63)

(64)

20

The employer agrees to post vacancies at appro­
priate work locations that are to be filled 15 days
prior to the filling of such vacancies unless an
emergency requires a lesser period of time.
When a new position is created or a vacancy
occurs in any existing position listed under Adden­
dum “ A ” , the employer shall forthwith prepare and
furnish the union secretary and post in places to
be agreed upon by the employer and the union
a bulletin stating among other things:
Location and title of position to be filled; a list­
ing of the principal duties of the position; minimum
qualifications; assigned hours of service; assigned
days of rest; salary range of the position; whether
the position is permanent or temporary; if temporary,
how long it is probable the position will continue;
the starting date of the assignment; last date when
applications will be received and accepted; and with
whom the applications shall be filed.
Standard classification and title forms for job
postings will be developed. Changes in the forms
will be by. mutual agreement between the employer
and the union.
The employer shall designate no less than five
working days in which positions will be posted for
bid and advertised, weekends excluded . . . . When­
ever a position is vacated in positions other than
listed under Addendum “ A ” , a notice of vacancy
will be placed in conspicuous areas such as bulle­
tin boards to advise present em ployees of the

and make transfers on a temporary basis pending
the selection of an employee (including completion of
the qualification period) for a job under these pro­
visions.

vacancy and qualified employees of the opportunity
to make application.
(65)

(66)

Whenever there is a position or job opening or
contemplated opening within the bargaining unit,
either as a result of a term ination, promotion,
transfer, or creation of a new position and the em­
ployer intends to fill such position . . . notice of such
opening shall be mailed by the employer to each
of the certified union stewards and such department
heads as the employer desires. The union stewards
shall post such notices on bulletin boards which
shall be located in each work area of the County.
Job opening notices shall indicate the job title,
the salary range, the minimum qualifications required
of applicants, the department in which the opening
exists, the geographic location of the job, and the
final date of acceptance of applicants. Such notices
shall be mailed not less than ten days before final
date of acceptance of applicants. Application blanks
shall be made available to each employee by the
employer at or near his place of employment or near
the job posting bulletin boards. Should a question
arise concerning the application deadline date for
filing a mailed application, the stamp cancellation time
shall be used as a determination of the time of
filing. Should the employer decide that a vacant
position is not to be filled, notice of that fact and
other relevant information shall be mailed to each
certified steward.

(55)

(68)

A job vacancy shall be defined as a position
not previously existing in the job classification plan
attached to and made a part of this agreement
or a vacancy in a position in the said job classi­
fication plan due to termination of employment,
promotion or transfer, death or disability of existing
personnel, and in the judgment of the County the
need to fill such job vacancy continues to exist.
The job requirements and salary range shall be a
part of the posting. Employees desiring to apply for
such vacancy position may either sign the posting
on the space provided thereon for that purpose,
or may contact within the posting period the Depart­
ment Head in whose Department the vacancy exists.
For the purposes of this article, the posting period
shall be deemed to be the time the posting is on
display on the bulletin board in the Courthouse lobby
but not less than five working days. The president
of the Association shall receive a copy of the posting
at the time it is posted.

(69)

When a vacancy occurs in a manager position in a
liquor store, preference will be given on a seniority
basis to managers in the same county in the same class
as the vacancy. Seniority for the purpose of this provi­
sion shall be the length of continuous service at the
applicable manager class or above.

Where seniority was combined with skill and ability
and other factors, it stood almost an equal chance
of being either the primary or the secondary basis
for selection (table 14). Although the employee select­
ed had to be qualified, he or she did not necessarily
have to be the one with the highest qualifications.
In most instances, the qualifications were determined
by the employer, but the union could “ grieve” the
selection:
(70)

. . . The vacancy shall be awarded to the senior em­
ployee so bidding who has the qualifications and other
attributes to satisfactorily perform all the work required
in the classification with a minimum of training . . . .

(71)

. . . At the end of the fifth day a notice will
be posted showing the name of the applicant select­
ed for the job, or indicate that no one was
selected. If no application is received, or none of the
applicants is qualified for the job, the hospital may
fill the job by hiring a new em ployee or trans­
ferring a qualified probationary em ployee or a
qualified junior employee. In order to provide con­
tinuity of service while filling a vacancy or a new
job, the hospital shall have the right to fill openings




. . . When a position is not filled after the first
posting, or the employer does not hire a new em­
ployee to fill the position, and it remains vacant
for a period of six months thereafter, it shall be
reposted one more time so interested employees will
have another opportunity to apply if they so desire.

Ninety-two percent of the agreements with promo­
tion procedures designated the basis upon which pro­
motions would be made (table 13). While a number
of factors governed this final selection, the two most
commonly found—with equal frequency—were length
of service and the em p lo y ee’s skill and ability.
These were most often found in combination. Rarely,
only one was designated, as, for example, where a
vacancy for a liquor store manager was to be filled
solely on the basis of seniority:

If the vacancy was not filled following posting,
several different actions could be taken. The vacancy
could be perm anently filled by hiring or by trans­
ferring in a qualified employee from outside the bar­
gaining unit; temporarily filled; or reposted:
(67)

Permanent vacancies in positions in the Labor
and Non-Competitive classes within the unit shall be
posted on the division bulletin boards for a period
of not less than five business days . . . .
If no bids are received or there are insufficient
bids to fill all vacancies,the appointing authority may
then fill any such vacancy with any qualified person.

. . . Senior employees shall have preferences of em­
ployment and promotional opportunities for non­
competitive jobs and to choose their work shifts and to
work at the job for which the pay is the highest, provid­
ing such employees are qualified for such work, the
qualifications to be determined by the employer. The
union reserves the right to exercise the grievance pro­
cedure set forth herein in connection with the
employer’s choice of employees.

As a secondary factor, seniority would operate only
where the skill and ability of candidates for pro­
motion were relatively equal. Conversely, if there was

21

a wide disparity in skill, then the m ost qualified
would be chosen without reference to seniority:

Temporary transfers

(72)

When two or more qualified applicants are, in the
opinion of the employer, considered approximately
equal, seniority within the collective bargaining unit
will determine which applicant shall be appointed.
This clause may be waived by mutual agreement.

(73)

. . . The vacancy shall be filled on the basis of
qualifications and ability. Where qualifications and
ability are relatively equal, seniority shall be the
determining factor. The Clerk or Justice shall be the
sole judge of qualifications and ability, provided that
such judgment shall not be exercised arbitrarily,
capriciously, or unreasonably. Any dispute hereunder
shall be subject to the grievance and arbitration
procedure.

Through tem porary assignment of employees to
other bargaining unit jobs, State and local officials
can cover short-term needs, such as the absence
of regular employees or the unexpected occurrence of
abnormal workloads. Incidental to this flexibility,
where the transfer involves moving employees to a
higher rated job, management is providing employees
with valuable experience that may later qualify them
for promotion. At the same time, management has
the benefit of a pool of trained personnel that can
readily move up when permanent vacancies occur.
But problem s can arise that move the issue of
tem porary promotional transfers into the scope of
collective bargaining. In the present study, more than
two-fifths of the agreements referred either to pay
for or time limits on temporary promotions:

In determ ining skill and ab ility, a num ber of
factors might be applied, including a review of the
applicant’s performance reports. Behavior on the job
might be checked and, w here it was particularly
pertinent to the work, the applicant’s physical con­
dition:
(1)

Agreements

(75)

(76)

340,447

Referring to temporary
prom otions......................................
Pay while on promotional
assignment .........................
Time limits on promotional
assignm ents........................
Both ........................................
No reference to temporary
prom otions...............................

The following factors are considered in promotion
to Trooper I and Trooper II:
(1) Total length of service in the State
Police . . . .
(2) Performance rating.
(3) Record of conduct.
(4) Medical condition.
(5) Ability to perform in the next higher rank or
grade.

139

150,579

83

79,993

25
31

40,830
29,756

179

189,868

These clauses could also deal with assignments to
low er rated jobs and describe how an em ployee
w as to be selected for higher or low er rated
tem porary duty. Seniority, for example, might be
required or specifically waived, or the employee might
be chosen on the basis of skills.
Usually the employee who was moved to a higher
rated job received increased pay, either the rate
of the new job or a percentage increase above pay
on the old job:

The employer shall post on the applicable em­
ploying unit bulletin boards notices of all promotional
examinations for bargaining unit positions within the
employing unit involved and shall furnish the appro­
priate local union with eight copies of such notices.
The parties agree the above notices are for informa­
tional purposes only.

(18)

The facility may make temporary promotions or
demotions:
a.

b.

All promotions within the bargaining unit shall
be made on the basis of competitive examination
as provided for in the Oakland County Merit System.
The employer will make his selection for promotion
from the three highest ranking candidates who have
passed the promotional examination.

If the temporary promotion or demotion is to a
more desirable position, the highest senior em­
ployee from among those qualified shall be given
the position.
If the temporary promotion or demotion is to a
less desirable position, the least senior employee
qualified shall be given the position.

An employee given a temporary promotion or demo­
tion shall be paid either at the rate of the position which
he held or at the first step of the rate of the position to
which he has been given a promotion or demotion,
whichever is higher. . . .

Promotional tests shall consist of a written and
oral examination, the scores from which will be
averaged with an additional point for each full year
of service to be added to this average to compute
the final grade.




318

All agreements studied ....

Another measure of skill and ability was the written
or oral test. Thirty percent of the promotion pro­
cedures specifically required candidates to pass exam­
inations, as a rule, civil service tests especially
designed for the job (table 13). Commonly, where
tests were required, length of service played no
role. Yet it might in some instances, as in the third
illustration, where examination points were awarded
for years of service:
(74)

Workers

(77)

22

In cases of prolonged absence from duty, or other
emergencies, a department head, with the consent

of the County Administrator, may, in writing, tem­
porarily promote an employee when such employee
is regularly required to perform the duties of a job
with a higher classification, for a period in excess of
ten days. In such cases,tfye employee shall be paid
an additional 5% of his present salary or the first
step of the salary range fixed for the job for
which he has received a temporary promotion,
whichever is higher. A temporary promotion shall
not endure for a period greater than thirty consecutive
days.

not rem ove from any such temporary job such
employee for the purpose of avoiding job posting.
(39)

Provisions could also define what was meant by
“ tem porary” in terms of number of days and what
the consequences would be for retaining an employee
beyond the limit. Usually, when the limit was reached,
the job had to be posted as a perm anent vacancy
or the employee had to return to the form er job.
The agency, however, might be prevented from re­
moving the employee if it would do so in order to
avoid making it a permanent assignment. The em­
p lo y ee’s occupancy of the jo b might not always
carry with it the right to retain the job permanently.
To have such a right might deny a more senior or
more qualified em ployee the right to bid on the
job:
(78)

(79)

Probationary period
Employees who are newly hired must serve a trial
or probationary period during which time they must
prove themselves capable of performing the duties
of the position for which they were selected. Nearly
55 percent of the agreements in the study contained
clauses referring to probationary periods:

It is the intent of management whenever possible
to avoid working an employee on an out-of-class
assignment for a prolonged period of time. Any
employee working on an out-of-class assignment for
more than 30 consecutive working days may request
appointment to the higher class. Upon review and con­
firmation of the out-of-class assignment and subject
to applicable Civil Service rules, management will
either initiate action to appoint the employee to the
position of the higher class or reassign him to a
position corresponding to his current Civil Service
class.
For the purpose of this article, an out-of-class
assignment is the full-time performance of all the
significant duties of an authorized, funded position
in one class by an employee on a position in another
class.

Agreements

Workers

All agreements studied ....

318

340,447

Referring to probationary period..
No reference to probationary
period .........................................

174

154,346

144

186,101

As a rule, probationary employees were subject to
discipline and discharge during the trial period without
any of the protections of the collective bargaining
agreement. Promoted employees might also have to
serve a probationary period but as regular employees
they were not subject to discharge. However, they
might be dem oted to a jo b for which they were
qualified if they did not do well on the jo b to
which they had been prom oted. Newly hired em­
ployees acquired seniority at the end of the pro­
bationary period, often retroactive to the first day
of hire.

Employees in any classification are expected to
perform any duties to which they may be assigned.
When an em ployee o f a higher classification is
transferred temporarily to a lower classification he
shall receive the higher rate of pay, and when an
em ployee of a lower classification is transferred
temporarily to a higher classification for longer than
five working days in a thirty calendar day period,
he shall receive the higher rate of pay commencing
with the sixth day while working in that classifi­
cation and for all hours thereafter . . . .
The employer reserves the right to make such
transfers as may be necessary to fill a temporary
vacancy caused by absence from the job or from
an employee’s trying out a vacant job . . . A tem­
porary vacancy is defined to mean a job to which an
employee is transferred for 30 consecutive calendar
days or less. After 30 days the job will be posted
as a permanent job opening . . . The employer will




The Board shall have the right to temporarily
transfer employees within the bargaining unit, irre­
spective of their seniority status, from one job classi­
fication to another to cover for employees who are
absent from work due to illness, accident, vacations
or leaves of absence for the period of such ab­
sen ces. The Board shall also have the right to
temporarily transfer employees within the bargaining
unit irrespective of their seniority status,, to fill jobs
or temporary vacancies and to take care of unusual
conditions or situations which may arise for a period
of not to exceed ninety regular scheduled working
days. It is understood and agreed that any Employee
within the unit temporarily transferred in accordance
with the provisions of this section shall not acquire
any permanent title or right to the job to which
he is temporarily transferred, but shall retain his
seniority in the permanent classification from which
he was transferred . . . .

(33)

23

All new employees shall serve a probationary period
of 1,040 hours of work. Any employee whose em­
ployment is continued after such probationary period
shall be considered to have satisfactorily completed
his probationary period and shall be advanced to the
next step in his classification and no other notice
shall be necessary. If a new full-time employee’s
probationary period exceeds six months and if such
employee satisfactorily completes such probationary
period, advancement to the next step in his classifi­
cation shall be made after six months of employ­
ment, on a retroactive basis. Only new employees

may be terminated during their probationary period
without recourse to the grievance procedure contained
herein. In the case of the promotion of any employee
in the county service to a position in a class with
a higher maximum salary, such employee shall receive
the rate of compensation in the entrance step of the
class to which he has been promoted. In cases where
the pay ranges overlap, a promotion shall be effected
at the next higher step in the range of the new class
above the rate being paid in the lower class. A
new anniversary date shall be established for the pur­
pose of eligibility for future step increases as of the
effective date of the promotion. Employees who are
promoted to a higher classification shall be required
to serve a probationary period of 1,040 hours of work
in the new position. If such promoted full-time em­
ployee’s probationary period exceeds six months and
if such employee satisfactorily completes such pro­
bationary period, advancement to the next step in
his classification shall be made after six months
of employment in the new position on a retroactive
basis. In the event the employee is promoted on his
anniversary date, he shall first receive any withinrange increase to which he is entitled in the lower
class, and then the promotional salary adjustment
provided in the above paragraph. Any employee who
is demoted to a lower classification shall remain
in the same pay step in the lower classification.
(61)

or perhaps promulgated by the State or local legis­
lature:
(80)

(71)

The employer agrees that no employee shall be
discharged or subject to disciplinary action without
bona fide and adequate cause. Proof of such cause
shall be presented to the employee and the union
prior to any disciplinary or discharge action except
in emergencies. All such disciplinary and discharge
action shall be subject to the terms of the grievance
procedure of this agreement and also in accordance
with provisions of the Civil Service Law of the State
of New York.

C lauses often stipulated that the union would be
notified if the disciplinary process was to be invoked,
and also stated that the employee had the right to
be represented during the proceedings:
(48)

N ew employees hired in the unit shall be con­
sidered as probationary employees for the first ninety
consecutive calendar days of their employment.
When an em ployee com pletes the probationary
period, he shall be entered on the seniority lists
of the unit and shall rank for seniority from the
day ninety calendar days prior to the day he com­
pleted the probationary period. There shall be no
seniority among probationary employees.
The union shall represent probationary employees
for the purpose of collective bargaining in respect
to rates of pay, wages, hours of employment and
other conditions of employment as set forth in Article
II, Section I of this agreement, except discharged and
disciplined employees for other than union activi­
ty . . . .

. . . The County agrees to promptly furnish the
union a copy of any disciplinary action notification
against an employee in the bargaining unit, if the
County has constructive knowledge that the employee
is a member of the union . . . .
The employee shall have the right to represen­
tation on any matter including discussions on dis­
ciplinary action.

Because discipline is a vital issue to employees,
various aspects are likely to be spelled out in pro­
visions, including causes for disciplinary action, disci­
plinary measures, such as oral or written reprimand,
hearings, and penalties, and, finally, reinstatement and
back pay, if discip lin ary action is successfully
challenged:
(81)

Disciplinary procedures
Almost one-half of the agreements in this study
referred to disciplinary procedures for State and local
governm ent em ployees (table 15). As with other
types of personnel actions, both parties have a stake
in this issue. Management wants to insure compliance
with its rules at the workplace, while the union wants
to protect its members from arbitrary treatment by
the employer.
In most contracts, the disciplinary procedures had
been arrived at through negotiations; only a few
referred to government rules and regulations instituted
before collective bargaining or to combinations of the
two. As with probationary and other personnel pro­
cedures, governm ent disciplinary regulations are
usually those administered by an independent agency




D ism issals, suspensions, dem otions and d is­
ciplinary 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.

24

Section 1: Exercise of rights
(a) Disciplinary action or measures shall include
only the following:
Oral reprimand;
Written reprimand;
Suspension or
Discharge.
(b) Each of the following constitutes possible cause
for disciplinary action:
Fraud in securing employment;
Incompetence;
Insubordination;
Dishonesty;
Drunkenness on duty;
Unlawful use of drugs or narcotics on duty;
Absence without official permission;
Conviction of a felony or misdemeanor in­
volving moral turpitude;
Immorality on the job;
Flagrant misuse of employer’s property.
(c) The disciplined employee upon request will be
allowed to discuss his discharge or discipline
with his steward or other authorized represen­

ployee verbally and the employee’s steward shall be
present.
If the condition continues to exist, the employee
shall then be given a letter of warning of the viola­
tion and the chairman of the grievance committee
shall receive a copy of same.
If the condition continues to exist, the employee shall
be given three days off. This too shall be in writing and
the chairman of the grievance committee shall receive a
copy of same.
If the condition continues to exist, then the em­
ployee shall be given six days off. This too shall be
in writing to the employee and the chairman of the
grievance committee shall receive a copy of same.
If the employee continues the violation, he shall be
dismissed.
In case of disciplinary suspension or discharge of
an employee, the employee shall be granted, if he so
requests, an interview with his steward before he is
required to leave his or her department. If any dis­
charge, suspension or other disciplinary action is not
upheld during the grievance and arbitration pro­
cedures the employee involved shall be reinstated to
his former job as of the date of such disciplinary
action and paid for all time lost less the following:
Any unemployment compensation received by the
employee which he is not obligated to repay as a
result of his claim against the County being allowed.
Back pay will also be reduced by any and all
earnings received on a disciplinary suspension.

tative of the union, and the employer will make
available an area where he may do so before he
is required to leave the premises.
(d) If the employer has reason to reprimand an em­
ployee, it shall be done in a manner that will not
embarrass the em ployee before other em­
ployees or the public; however,the employee
shall have a right to be represented by the union
steward upon request.
Section 2: Disputes as to discipline and discharge
(a) When any action or measure is imposed upon
or is pending against an employee, then the em­
ployer shall notify the employee, the union
president, and the union steward in writing of
the specific reasons for such disciplinary action
being imposed and the proposed penalty. The
written notification shall contain a detailed
description of the charges, which shall include
dates, times, and places. The written notifica­
tion shall indicate that one copy has been sent
to the appropriate union steward, and one copy
to the union president. Notification to the union
shall be done within twenty-four hours of notice
given to the employee. Any matter involving
discipline and/or discharge of any employee
covered by this agreement, shall be accom­
plished in the manner as set forth in Section 75
and 76 of the Civil Service Law. However, it is
agreed that the department head will not be the
hearing officer.
(b) Any matter concerning discipline and/or dis­
charge on any matter other than those listed in
Section 1 (b) shall be subject to the grievance
procedure as set forth in this agreement,
through the arbitration procedure with the cost
to be borne equally by the employer and the
union.
Section 3: Private hearings
Upon application by the union, an arbitrator in a
discipline case shall have the authority to direct
that the arbitration shall be held in private.
Section 4: Reinstatement
Any employee found to be unjustly suspended or
discharged, or whose penalty is reduced, shall be
reinstated and compensated for all lost time and
restoration of all other rights and conditions of
employment in accordance with the determina­
tion made by the arbitrator.
(82)

In a few instances, disputes over discipline could be
expedited by bypassing the early steps of the griev­
ance procedure:
(83)

Demotions

Without limitation upon any right of discharge or
discipline expressly provided for elsewhere in this
agreement, the County shall have the right to dis­
charge, suspend or otherwise discipline any em­
ployee only for just cause.
The County will notify the union in writing within
forty-eight hours of the discharge, suspension, or
written warnings to any employee covered by this
agreement. All notices dealing with discipline shall
state the type and amount of discipline imposed and
all the reasons for the disciplinary action taken.
An employee may be disciplined for inefficiency,
dishonesty, drunkenness, immoral conduct, abuse of
absenteeism, insubordination and established rules of
the Summit County Commissioners that have been
approved by both parties.
The supervisor, if he finds the employee in viola­
tion of the aforementioned, shall first warn the em­




The parties recognize the authority of the employer
to suspend, demote, discharge or take other appro­
priate disciplinary action against employee for just
cause. An employee who alleges that such action
was not based on just cause, may appeal a demo­
tion, suspension, discharge, or written reprimand
taken by the employer beginning with the third step
of the grievance procedure except that written
reprimands shall begin with the first step of the
grievance procedure.

Clauses referring to demotion procedures were in­
cluded in one-sixth of the agreem ents (table 16).
Demotions usually were included in agreements as
one possible disciplinary penalty. However, reasons
for dem otion might include such nondisciplinary
matters as unsatisfactory performance and physical
disability, which were mentioned with less frequency
than discipline. Provisions generally required advance
notice of the action, often in writing, and provided
the affected employee with the right to appeal the
demotion through the contract grievance machinery
or through other legal remedy :
(84)

25

Any employee covered by this agreement who is
to be disciplined by reassignment, transfer, suspen­
sion, termination or lowering in ranks or compen­

b. To positions occupied by educational officers
in their initial probationary period who are in the
same class and at the same salary range.
c. To positions occupied by educational officers
in their promotional probationary period who are in
the same class and at the same salary range.
d. To positions occupied by regular educational
officers with least retention points who are in the
same class and at the same salary range.
e. To positions occupied by temporary educa­
tional officers who are in another class and at the
same salary range.
f. To positions occupied by educational officers
in their initial probationary period who are in
another class and at the same salary range.
g. To positions ocupied by educational officers
in their promotional probationary period who are in
another class and at the same salary range.
h. To positions occupied by regular educational
officers with least retention points who are in
another class and at the same salary range.
i. To positions occupied by temporary educa­
tional officers who are in another class and at a
lower salary range.
j. To positions occupied by educational officers
in their initial probationary period who are in
another class and at a lower salary range.
k. To positions occupied by educational officers
in their promotional probationary period who are in
another class and at lower salary range.
l. To positions occupied by regular educational
officers with least retention points who are in
another class and at a lower salary range. . . .

sation shall be given three days notice in advance
wherever possible by a written statement of the
specific reason or reasons and any other material
pertaining thereto for such actions. (A copy shall be
provided to the union office also).
Said employee may pursue any available remedy
as provided by law, order or regulation as a result
of said action, and, if no adequate remedy is avail­
able to said em ployee, he may file a grievance
as provided in this agreement.
(85)

When a regular employee is reduced to a position
in a lower class for reasons of unsatisfactory per­
formance or physical disability, the department shall
make an order, in writing, stating specifically the
cause of the reduction. Such order of reduction shall
be served personally on the employee or sent by
registered or certified mail to the employee at his
last known mailing address.
The grievance procedure shall be used if a regular
employee wishes to appeal the decision of his de­
partment to reduce him to a position in a lower class
for reasons of unsatisfactory performance or physical
disability.

Twenty-eight of the 318 agreements in the study
contained a demotion procedure to be used during
periods of em ploym ent cutbacks. These clauses
granted em ployees the opportunity to voluntarily
choose a job in a low er classification in lieu of
layoff. An employee could move to a vacant, lower­
rated position, or, m ore com m only, m ore senior
employees could “ bum p” those with less seniority.
As a means of minimizing layoffs for regular workers,
some agreements provided for first terminating tem­
porary and probationary workers:
(86)

(35)

In the event it becomes necessary to lay off em­
ployees for any reason, employees shall be laid off
by class in inverse order of length of service within
the class. When an employee is laid off, he may
either transfer to any vacant position in the same
or a lower paying classification within the class
series, or he may “ bump” the employee in a lower
paying job classification within the same class series
who has the least length of service within the class
series . . . .

When the Board determines that layoffs are re­
quired because of lack of funds or other legitimate
reasons, the following procedures shall be applied:
1.
In the event that educational officers must be
laid off, retention points based on months of service
as an educational officer for the Board shall be used
to determine displacements. Retention points shall be
computed on the basis of one point for each full
Reduction in force
month of service. A fraction of a month of service
shall be used to break “ ties.” Service rendered up to
the day prior to the day on which layoff is to take
Fifty-six percent of the agreements studied included
place will be included in the computation. The follow­
a provision governing the layoff of employees (see
ing periods of leaves without pay are creditable for
table 17). This proportion is low compared to private
computing retention points:
industry, but understandably so since reduction in
a. Educational-professional improvement.
b. Employment at the State Legislature.
force in State and local government is often governed
c. Loan to other government agencies.
by civil service regulations. Nevertheless, layoffs have
d. Industrial injury.
become a growing area of concern to employees, once
e. United States military service.
considered to be in secure jobs for life, as fiscal
f. Child care.
problems of local governm ents have caused some
g. Union.
h. Illness.
severe cutbacks in services and employment.
2.
Educational officers shall have rights to positions
Layoff provisions covered a wide variety of related
held by other bargaining units educational officers in
actions including attempts to avoid or minimize lay­
the following order:
offs, the actual layoff procedure, and the order of
a. To positions occupied by temporary educa­
recall. Not all clauses covered all aspects, but some
tional officers who are in the same class and at the
same salary range.
did, in varying detail. Before the actual layoff of




26

(3)
When all displacement possibilities are ex­
hausted within the department, the employee shall
have the right to displace in other departments.
Permanent non-competitive and labor class em­
ployees shall have the right to displace non­
competitive and labor class employees with lesser
seniority in lower jobs previously held on a per­
manent basis in the department. When all displace­
ment possibilities are exhausted within the depart­
ment, the employee shall have the right to displace
in other departments . . . .

regular employees occurred, management might choose
to reduce hours of all employees, or, as noted above,
might decide first to lay off nonregular employees or
to transfer employees to vacancies not affected by the
reduction. Provisions might require advance notice to
the union and employee ana might outline the union’s
role in the procedure. The unit of layoff and the order
of layoff might be set forth, applying either straight
seniority or seniority in combination with skill and
ability. Bumping rules could be stipulated and those
union officials eligible for superseniority listed. Clauses
could also cover the retention of seniority during
layoff and the order of recall, which is not necessarily
the same as the order of layoff. The following illus­
trations treat these layoff-related activities briefly or
extensively:
(87)

In layoffs, the last employee hired shall be the first
to be laid off, and in re-hiring, the last employee laid
off shall be the first employee to be re-hired. On
re-hiring, the factors of skill, ability, and efficiency
are to be considered and a joint committee of the
employer and the union shall act as the judge on any
exception to the seniority provision of layoff and re­
hire. Employees who are laid off will retain their
seniority for a period of one (1) year.

(88)

If it becomes necessary for a layoff, the following
procedure will be mandatory:
Probationary, seasonal and temporary employees
will be laid off first. Seniority employees will be
laid off according to seniority . . . Seniority shall
prevail as long as the employee can perform the
work available.
For the purposes of layoff and recall, the local
officers (President, Vice President, Secretary-Trea­
surer, Chief Steward and Stewards) shall head the
seniority list in order of the officers as stated above,
and shall not be laid off as long as work is to be
performed.
Employees to be laid off for an indefinite period of
time will have at least seven calendar days’ notice of
layoff. The local union secretary shall receive a list
from the employer of the employees being laid off on
the same date notices are issued to the employees.
Recall shall be in inverse order of layoff.

(89)

(90)

. . . For layoff purposes, an employee’s seniority
shall determine the order to be followed. In a depart­
ment, the employee with the least seniority shall be
the first to be laid off until the total number of em­
ployees required to decrease forces shall be reached.
When all displacement possibilities are exhausted
within the department, the employee shall have the
right to displace in other departments.
Permanent competitive class employees shall have
right to displace:
(1) Employees with lesser seniority in lower jobs
in the direct line of promotion in the department,
or if this is not possible,
(2) Employees with lesser seniority in lower jobs
previously held on a permanent basis in the depart­
ment.




27

Section 1. Application of layoff.
The union recognizes the right of management to
lay off or to reduce the hours of employment. In
accordance with the procedures set forth in this
article, such procedures shall not apply to:
A. Temporary layoff of less than 20 consecutive
calendar days and/or
B. Seasonal layoff of seasonal employees and/or
C. School year em ployees at institutions and
schools, during recesses in the academic year
and/or summer.
Section 2. General layoff procedures.
When a layoff occurs, the following general rules
shall apply:
A. Layoff shall be by employing unit within the
bargaining unit.
B. Layoff shall be by class and subtitle as set
forth in job specifications.
C. Employees within the layoff unit within the
same class and subtitle shall be laid off by
seniority . . . with the least senior laid off first
except that 10 percent of the employees within
an employing unit within the same class and sub­
title may be exempt from the procedure by man­
agement. Such 10 percent shall be not less than
three persons.
D. Limited term employees in the same class and
subtitle within the layoff unit (other than stu­
dent employees), who are not in federally funded
positions shall be laid off prior to laying off
bargaining unit employees.
Section 3. Notice of layoff
A. Impending Layoff. In the event management be­
comes aware of an impending reduction in work
force, they will notify the union as soon as
practicable, but not less than 30 calendar days.
B. Actual Layoff. In the event of an actual lay­
off, management will notify the affected em­
ployee^) in writing not less than two weeks
in advance of the layoff date and will send a
copy of such notice to the union.
Where notices are sent by first class mail, the
time shall begin to run on the date of mailing
of the notice.
Section 4. Reduction in hours.
In the event that management determines to reduce
work hours, it may, at its option, reduce the weekly
scheduled hours of all employees by class and sub­
title within an employing unit to not less than 32
hours per week and such reduction shall not be con­
sidered a layoff. If management determines, at its
option, to reduce the weekly hours of a part of
the employees within the same class and subtitle
within an employing unit, the layoff procedure will
be followed in determining which employees shall
work the reduced hours.

Section 5. Transfers and bumping.
Within five calendar days of notification of layoff,
the employee shall elect to either transfer or bump in
accordance with this section, as follows:
A. Transfers.
1. Within the department-The employee shall
be afforded the opportunity to transfer later­
ally to vacant positions in the same class
and subtitle in any employing unit within
the department . . . .
2. Between departments—The employee who is
to be laid off may file a request for trans­
fer to any department in state service. Upon
approval of that department, such employee
may be appointed to any vacancy in the same
class and subtitle or any similar class for
which he might meet the necessary qualifica­
tions in the same or lower salary range as
the position from which he was laid off.
B. Bumping.
Within any employing unit within the bargaining
unit, any employee and any supervisor promoted
out of the bargaining unit and serving the probation­
ary period for the promotion from the bargaining
unit, may elect to bump downward to a position for
which they are capable of performing in a lower
class and subtitle in the same series or to a position
in a class and subtitle within the employing unit in
which they had previously obtained permanent
status in the classified service.
C. Order of bumping.
When an employee elects to bump, the bumping
will be by seniority . . . .
An employee bumping into a lower class shall be
given a position in the lower class and subtitle and
the employee with the least seniority occupying a
position in the lower class and subtitle will be laid
off and shall have the right to exercise transfer and
bumping rights as set forth in this section, except
that 10 percent of the employees within an employ­
ing unit within this lower class and subtitle may be
exempt from the procedure by management. Such
10 percent shall be not less than three persons.
D. Refusal to accept a position.
If a layoff occurs and an employee has been
afforded all of the opportunities of A, B, and C and




the employee refuses to accept such position within
the time set forth above, he shall forfeit all rights to
bump.
E. Salary.
Upon bumping, an employee shall retain his cur­
rent rate of pay except that if such rate of pay is higher
than the highest rate currently paid for the class and
subtitle to which the employee bumps, his pay shall
be reduced to that rate of pay.
Section 6. Recall.
When a vacancy occurs in an employing unit from
which an employee was laid off, or is demoted in
lieu of layoff, the employee shall be recalled ac­
cording to the inverse order of layoff . . . unless the
employee exercises his right to transfer. A laid off
employee who fails to respond within 10 work days
to the offer of re-employment or upon acceptance
fails to be available for work within five work days,
shall forfeit any further recall rights. If due to
extenuating circumstances an employee is unable to
report for duty within five work days or make other
arrangements with the employer, the employee shall
not forfeit the right to recall when other vacancies
occur.
Section 7. Reinstatement.
A. Within the department - The employee who is laid
off may file a request within the department for
which he worked to fill a vacancy in an employing
unit other than that from which he was laid off. Such
employee will be appointed to any vacancy within
any employing unit in the department in the same
class and subtitle providing he is capable of per­
forming the duties and providing no other employee
has recall rights to such vacancy. In the event the
employee is not selected to fill the vacancy, the em­
ployer shall notify the employee in writing of the
reason(s) if the employee so requests. Such notices
are for informational purposes only.
B . Other departments - The employee who is laid off
may file a request for em ploym ent with any
department in state service. Upon approval of that
department, such employee may be appointed to
any vacancy in the same class and subtitle or any
similar class for which he might meet the necessary
qualifications in the same or lower salary range as
the position from which he was laid off.

28

Table 13. Promotion procedures in State and county collective bargaining agreements by occupational
group, 1972-73
A ll ag reem ents

Occupational group

Agreements with
reference
to promotions

Referring to factors in promotion

With bidding
system

Total

Examination

S kill and a b ility

Seniority

Agree­
Agree­
Agree­
Agree­
Agree­
Agree­
Agree­
Workers
Workers
Workers
Workers
Workers
Workers
Workers
ments
ments
ments
ments
ments
ments
ments
T o ta l.............................

318

340,447

204

194,416

158

145,085

187

172,048

61

62,020

154

143,977

157

136,207

B lue-collar or m a n u a l............
Professional or te c h n ic a l.......
C le r ic a l....................................
Police and f ir e .........................
Blue-collar and c le r ic a l..........
Professional, technical, and
c le r ic a l.................................
Blue-collar and profes­
sional ..................................
Police, fire, and c le r ic a l........
M ultiple occupations not de­
fined or not listed above1...

73
67
4
31
10

30,021
68,974
2,739
31,750
5,830

56
28
4
12
6

22,321
24,079
2,739
13,450
5,300

49
19
4
5
6

17,284
19,585
2,739
8,950
5,300

53
22
4
10
5

22,084
19,508
2,739
5,649
4,476

11
8

7,582
5,752

6
1

3,681
1,300

47
18
4
5
5

20,542
17,231
2,739
2,450
4,476

51
12
4
5
5

19,407
12,699
2,739
2,077
4,476

6

21,032

3

3,317

3

3,317

3

3,317

1

226

3

3,317

3

3,317

14
5

10,051
12,911

12
3

9,692
6,855

12
2

9,692
4,055

12
3

9,692
6,855

2
1

2,974
4,000

11
2

9,218
2,855

9
2

2,095
2,855

108

157,139

80

106,663

58

74,163

75

97,728

36,505

59

81,149

66

86,542

1See footnote 1, table 4.

_

31

_

NOTE: Nonadditive. An agreement may contain more than one of the promotion
provisions listed.

Table 14. Seniority as a factor in promotion in State and county collective bargaining agreements by occupational
group, 1972-73
Referring to seniority as a factor
All agreements
Sole factor

Total

Primary factor

Occupational group

Reference to seniority
but no reference to
Secondary fa cto r1
role of seniority

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Total ....................

318

340,447

157

136,207

9

17,101

55

25,157

64

63,074

29

30,875

Blue-collar or m an ual.....
Professional or techni­
c a l.................................
C le r ic a l.............................
Police and f i r e ................
Blue-collar and
c le r ic a l........................
Professional, technical,
and c le r ic a l..................
Blue-collar and pro­
fessional ......................
Police, fire, and
c le r ic a l.........................
M u ltiple occupations
not defined or
not listed
above2 ..........................

73

30,021

51

19,407

2

550

25

5,229

16

7,188

8

6,440

67
4
31

68,974
2,739
31,750

12
4
5

12,699
2,739
2,077

—

—

4,250
2,575

—

—

7
2
2

6,717
164
668

1,732

—

1
2

4

—

3

1,409

10

5,830

5

4,476

—

—

2

660

2

2,516

1

1,300

6

21,032

3

3,317

—

—

1

226

2

3,091

—

—

14

10,051

9

2,095

1

151

4

481

4

1,463

—

—

5

12,911

2

2,855

1

2,800

1

55

108

157,139

66

86,542

5

13,600

19

11,681

29

41,267

in clu d e s 1 agreement, covering 2,466 employees, where seniority was a primary
factor in lower labor grades and a secondary factor in higher grades.




—

—

2See footnote 1, table 4.

29

—

—

13

19,994

Table 15. Disciplinary procedures in State and county collective bargaining
agreements by level of government, 1972-73
Level of government

All
agreements

Procedure

County

State

Agreements

Workers

Agreements

Workers

Agreements

Workers

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

318

349,446

106

151,257

212

189,190

Total with d iscip lin ary p ro ce d u res.....
Negotiated procedure.......................
Agency procedure..............................
B o t h ...................................................
Other1 ................................................
No reference to d iscip linary
procedures.........................................

153
128
6
14
5

177,451
153,961
2,488
11,802
9,200

66
51
3
10
2

87,571
77,200
830
8,641
900

87
77
3
4
3

89,880
76,761
1,658
3,161
8,300

165

162,996

40

63,686

125

99,310

d is c ip lin a ry procedures were regulated in 1 agreement covering 550 workers by a State personnel board, and in 4 agree-

ments covering 8,650 workers by a State law.

Table 16. Demotion procedures in State and county bargaining agreements by
level of government, 1972-73
Level of government

All
agreements

Procedure

Agreements

State

Workers

Agreements

County
Workers

Agreements

Workers
189,190

33,753
14,647
5,695
13,411
155,437

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

318

340,447

106

151,257

212

Total referring to demotion
procedures.........................................
D iscip lin a ry .......................................
Reduction-in-force............................
B o t h ...................................................
No reference to d e m o tio n .....................

53
25
17
11
265

80,254
27,494
15,933
36,827
260,193

26
10
8
8
80

46,501
12,847
10,238
23,416
104,756

27
15
9
3
185

Table 17. Reduction-in-force provisions in State and county collective bargaining agreements by level of
government and occupational group, 1972-73
Reduction-in-force provisions

Item

All
agreements

Reference to
reduction in force

Union role in
reduction in
force

Recall
rights

Agreements
Total ....................................................

Workers

Agreements

Workers

Agreements

Workers

Agreements

Workers

318

340,447

179

157,134

45

41,789

130

108,590

106
212

151,257
189,190

68
111

76,957
80,177

14
31

12,027
29,762

45
85

59,847
48,743

73
67
4
31
10
6
14
5

30,021
68,974
2,739
31,750
5,830
21,032
10,051
12,911

54
25
3
6
7
3
11
2

19,692
38,125
2,625
1,019
4,230
3,317
7,192
2,855

18
6
1

4,475
14,014
2,500

4
1

608
55

48
12
3
6
3
3
8

15,308
21,027
2,625
1,019
3,126
3,317
2,015

108

157,139

68

78,079

15

20,137

LEVEL OF GOVERNMENT
State .................................................................
C o u n ty ..............................................................
OCCUPATIONAL GROUP
Blue-collar or manual ....................................
Professional or t e c h n ic a l................................
C le r ic a l............................................................
Police and fire ................................................
B lue-collar and clerical .................................
Professional, technical,and clerical ............
Blue-collar and professional .........................
Police, fire and clerical .................................
M u ltiple occupations, not defined or not
listed above1 ................................................
d e e footnote 1, table 4.




_

—
—

_

—
—

—

47

—

60,153

NOTE: Nonadditive. An agreement may contain more than one of the provisions listed.

30

Chapter 4.

Hours and Overtime
employer at any institution, public health region or
employee health services unit without the prior agree­
ment of the association.

Scheduled weekly hours.
Three-fourths of the agreements studied specified the
weekly working hours for State and county employees,
almost always 40 hours (table 18). Shorter workweeks
were found largely in Delaware, Pennsylvania, New
York, and Massachusetts contracts, which most fre­
quently established 37Vi-hour schedules. L onger
workweeks were concentrated among blue-collar em­
ployees, working especially for State and county high­
way departments, and among agencies operating on a
continuous service basis such as hospitals and police
and fire departments.
A few agreements varied scheduled weekly hours by
occupation or department. Others varied weekly hours
in accordance with the length of daily shifts:
(91)

(92)

(42)

In a few instances, scheduled working hours varied
according to the season. Among some government
units, hours of work traditionally have been decreased
during the summer months, but in recent years this
practice has been less frequent as government em­
ployers have attempted to reduce costs:
(21)

In one agreement, involving a highway department,
warm weather signaled an increase in the workweek
—in this instance to allow the county’s road building
program to be carried out:

The workweek, based on annual salary, for all county
employees will be:
32.5 hours-Election Commissioners
37.5 hours-Hospital (line personnel); County Home
40.0 hours-Hospital (staff personnel): Highway (ex­
cept clerical); Airport (except clerical);
Sheriff
35.0 hours-A ll other departments; Highway and
Airport Clerical
An employee automatically accepts the standard
workweek of the department as a condition of employ­
ment.

(93)

For the purpose of this agreement, employees will be
classified as follows:
Regular Full Time O ffice and Mental Health
Departments—Employees scheduled to work 35 hours
per week, 7 hours per day for 5 consecutive days,
Monday through Friday.
Regular Full Time M aintenance and County
Employees—Employees scheduled to work 40 hours
per week, 8 hours per day, 5 consecutive days.
Regular Full Time Highway—Employees scheduled
to work
45 hours per week—May 1 through October 31
40 hours per week—November 1 through April 30
5
consecutive days, Monday through Friday each
week.
The workweek shall consist of five consecutive work
days in a pre-established work schedule except for emp­
loyees in 7-day operations . . . .
The work shift shall consist of IVi or 8 work hours
within a work day, and the number of hours in a shift on
the date of this agreement shall not be altered by the




Normal workweek. For the purpose of determining
application of an employee’s regular compensation
rate, the employee’s normal workweek will be (a) in the
hospital, ¥1Vi hours in five workdays and (b) in the
health service, 35 hours from September 1 to June 30,
inclusive, in five workdays (Monday through Friday)
and 30 hours from July 1 to August 31, inclusive, in five
workdays (Monday through Friday). An employee will
have two days off in each workweek.

In establishing the workweek in agreements, State
and county employers were not guaranteeing that all
designated hours would actually be worked nor were
they limiting work just to negotiated hours. So that
employees did not miscontrue scheduled workweeK
provisions in this manner, some contracts stipulated
that the provision was neither a guarantee of employ­
ment nor a limitation on the number of hours that could
be worked:
(94)

31

The year shall be divided into two work seasons: (1)
A construction season which shall start on the Monday
nearest April 1 and end on the Friday nearest
November 1, and (2) a non-construction season which
shall be the balance of the year.
During the construction season, the regular schedule
of hours for all employees except as provided in 7.03 of
this section shall be nine hours per day, Monday
through Friday, 45 hours per week. During the non­
construction season, the regular schedule of hours for
all employees, except as provided in 7.03 of this section
shall be eight hours per day, Monday through Friday, 40
hours per week . . . .

The normal work day shall consist of eight and onehalf hours and the normal workweek shall consist of
A2V2 hours, Monday through Friday, both inclusive;
however, nothing contained herein shall be construed

ployees worked 4 days and others 5. Another provided
for a trial of 4 days per week, but only upon mutual
agreement. A third provided for a study of the elimina­
tion of the 4-day week, but also presented detailed rules
to follow if it was not eliminated:

to constitute a guarantee of eight and one-half hours of
work or pay per day or 42V£ hours of work or pay per
week. However, it is understood and agreed that it is
not the intention of the Commission to use this section
to circumvent the payment of overtime.
(66)

. . . The provisions of this article shall in no way be
construed as a guarantee by the County of any amount
of work in any period, or as a limitation on hours of
work in any period.

(97)

Except as otherwise provided in this article, em­
ployees on a five-day schedule shall be paid at the rate
of time and one-half for all hours worked in excess of
eight in one day, exclusive of lunch period, or forty in
one week and employees on a four-day schedule shall
be paid at the rate of time and one-half for all hours
worked in excess of ten in one day, exclusive of lunch
period, or forty in one week . . . .
The working hours affected by this agreement shall
be the equivalent of 40 hours per week on an annualized
basis.

(98)

. . . By mutual agreement between the parties a trial
period, the length of which shall be agreed upon by the
parties, of a four-day workweek may be undertaken,
with hours worked per week to remain the same as
indicated (earlier in this clause).

(99)

Management agrees to make every reasonable effort
to reduce the per capita cost (at Las Colinas) and if by
August 1, 1975, a substantial reduction in cost has not
occurred, CEA agrees to meet with management for the
purpose of establishing an orderly elimination of the
ten-hour day (at Las Colinas.)
Further, management agrees to provide CEA
documented evidence of its efforts by August 1, 1975.
If it is determined by management that the four-day
week, ten-hour day will continue (at Las Colinas) then
the provisions listed below shall prevail, otherwise,
they shall be null and void.
1. All classes of employees represented by the CEA
shall be eligible for a four-day week schedule,
subject to the conditions described by this article.
2. Involvement in the four-day week schedule shall
be voluntary on the part of the individual.
3. An employee who wishes to exercise his option to
change his schedule to the ten-hour day or back to
an eight-hour day must give two weeks written
notice to the Service Director or his designated
representative, who may approve or deny the
application for good cause or administrative
necessity.
4. Insofar as possible the four-day week shall be
scheduled to consist of four consecutive work­
days and three consecutive days off.
5. New employees will normally be ineligible for
this option during their first six months of County
service. Upon completion of six months satisfac­
tory service, an employee may elect to partici­
pate.
6. Employees who participate in the four-day week
will suffer or incur no loss of wages, fringe ben­
efits, or other employee benefits that they would
be entitled to receive under the eight-hour day,
five-day work schedule.
7. Sick leave and holidays are to be governed by the
following administrative requirements:
a. Sick leave and vacation will be charged for a
10-hour period used on scheduled work days
by 10-hour day employees.

Scheduled days per week
Virtually all agreements specifying the number of
days in the workweek provided for 5 days (table 19);
they did so by one of two approaches. They either
stipulated that the 5-day w orkw eek was M onday
through Friday or stated that 5 days or 5 consecutive
days constituted the workweek. Under the former type
of clause, Saturdays and Sundays were clearly outside
the normal schedule; under the latter, the normal
workweek could include the weekend, a choice of con­
tract language especially fitted for continuous service
operations or for agencies whose activities might ex­
tend into the weekend:
(95)

. . . Employees of the Courthouse shall work 40
hours per week, eight hours per day, Monday through
Friday. The hours of work shall be from 8:00 a.m. to
5:00 p.m., with a one hour lunch break, without pay,
and two fifteen minute breaks, with pay, approximately
midway through each portion of the shift on each side of
the lunch period. The time of the breaks shall be subject
to the discretion of the department head. In the event
the employer desires to keep the offices in the Court­
house open from 12:00 noon to 1:00 p.m., the em­
ployees shall rotate on a mutually agreeable basis in
covering the above period . . . .

(96)

The basic workweek shall be forty hours and the
normal work day will be eight hours. The normal hours
of work shall consist of eight hours per day and eighty
hours in the pay period, and shall be so arranged that
two days off shall be consecutive except in case of
emergency or by mutual agreement between nurse and
the hospital. If a nurse is required to work more than
eighty hours in any two week pay period, or in excess of
eight hours in any work day, or more than seven con­
secutive days; she will be paid at the rate of time and
one-half her regular rate of pay for all excess time so
worked. For the purposes of computing overtime, the
twenty-four hour workday will begin at 6:45 a.m. . . .

(8)

The regular work day shall consist of eight continu­
ous hours, except time off for a normal meal period.
The workweek shall be forty hours, consisting of five
days of eight hours each, with two consecutive days off
in each seven days.

No agreement provided for the 4-day week for all
employees, but a few permitted the 4-day week for part
of the work force. For example, one agreement pro­
vided for 40 hours per week on an “ annualized basis”
and indicated in its overtime clause that some em­




32

Overtime

b. Holiday time will be credited on an eight-hour
basis for all employees. Ten-hour day em­
ployees will receive eight hours holiday credit
when holidays fall on their scheduled day off.
An additional two hours of compensatory time
or vacation will be used by 10-hour day em­
ployees when holidays fall on scheduled work
days.
8. Statistics will be maintained within units so that
the effectiveness of this modified service delivery
system can be evaluated.
9. Individual and cottage schedules under this ag­
reement are not intended to restrict management
from dealing with emergency situations. When
management must make a change in employee or
cottage schedules due to an emergency, the
changes necessary to meet the emergency will be
made. An “ emergency” will be defined as an
unforeseen circumstance requiring the prompt
implementation of proposed action. Further it is
agreed that the conditions of this article will be
subject to renegotiation at the request of either
party during the term of this agreement if major
reorganization of the (Las Colinas) program is put
into effect, or if management determines there is
any loss of effectiveness by 10-hour shifts. Man­
agement shall notify CEA of any proposed
changes and provide an opportunity to confer at
the earliest practicable time.

Over four-fifths of the State and county agreements
studied provided overtime pay for employees (table 20).
Of these, slightly under three quarters specified that
overtime applied to daily or weekly hours, in most cases
to both; the rest referred to overtime, but gave no
details, most likely because overtime was controlled by
governmentwide regulations.
To prevent employees from receiving double pay­
ments for working the same overtime hours, clauses
could stipulate that there would be no “ pyramiding.”
Sim ilarly, to p rev e n t m anagem ent from juggling
schedules to avoid overtime payments to the detriment
of employees, clauses might set forth rules limiting such
practices:
(102)

Overtime shall be paid at the rate of time and onehalf the employee’s regular base rate of pay only for all
duty hours performed in excess of eight in any con­
tinuous twenty-four hours period or for all duty hours
in excess of forty hours in the duty week, less all time
for which daily overtime has been earned.

(96)

The basic workweek shall be forty hours and the
normal work day will be eight hours. The normal
hours of work shall consist of eight hours per day and
eighty hours in the pay period, and shall be so ar­
ranged that two days off shall be consecutive except in
case of emergency or by mutual agreement between
nurse and the Hospital. If a nurse is required to work
more than eighty hours in any two week pay period, or
in excess of eight hours in any work day, or more than
seven consecutive days; she will be paid at the rate of
time and one-half her regular rate of pay for all excess
time so worked. For the purposes of computing over­
time, the twenty-four hour work day will begin at 6:45
a.m. Overtime payments shall not be duplicated for
the same hours worked under the terms of this con­
tract and to the extent that hours are compensated for
at overtime rates under one provision they shall not be
counted as hours worked in determining overtime
under the same or any other provision. Overtime shall
be paid only when recommended by the Director of
Nurses and approved by the Administrator. For the
purposes of overtime of this agreement, a holiday
shall be computed as time worked.

(103)

No member shall have his duty tour rescheduled for
the purpose of avoiding the payment of overtime,
unless he has been notified of such change one week in
advance of the time when the rescheduled duty tour is
to begin. However, in no case shall a member have his
duty tour rescheduled for the purpose of avoiding the
payment of overtime for an appearance in a local
criminal court as defined in the New York State Crim­
inal Procedure Law, Par. 10.10 (3).

Very few contracts varied days per week; these usu­
ally did so by occupation or department. In the case of
the protective services and their need to operate con­
tinuously, employees might be assigned lengthier daily
shifts than normal, and, consequently, they would be
scheduled with fewer days every other week in order to
average out the weekly hours worked:
(100)

(101)

All Probation Officers shall work forty hours per
week. The shift and time shall be determined by the
Director of Probation.
All Fire Control Operators shall work six days eight
hours per day with forty-eight hours off at the end of
each six day period.
All Sheriff s Department personnel, except clerical,
shall work forty hours per week on shifts determined
by the sheriff.
All employees within the Highway Department, ex­
cept clerical, shall work forty-four hours per week.
The work day shall be from 7:00 a.m. to 12:00 noon
and from 12:30 p.m. to 4:30 p.m. Monday through
Thursday and from 7:00 a.m. to 12:00 noon and from
12:30 p.m. to 3:30 p.m. on Friday.
The hours of work for all other County employees
shall be thirty-five hours per week; the work day shall
be from 9:00 a.m. to 5:00 p.m. with one hour for lunch;
except during the months of June, July and August
when the hours shall be thirty hours per week with the
work day being 9:00 a.m. to 4:00 p.m. with one hour
for lunch. Those offices which are required to remain
open during the noon hour will make intra-office ar­
rangements to accomplish this requirement.

Equal distribution o f overtime. Provisions which stated
that overtime was to be distributed equally among em­
ployees were found in one-half of the agreements con­
taining overtime provisions (table 20). Clauses could be
quite complex, including items such as the basis for

The normal work schedule shall be four days on and
two days off and then five days on and two days off, on
a rotating schedule . . . .




33

making overtime assignments and the methods of keep­
ing overtime records.
Seniority could be a factor in assignment, or the
allocation of overtime opportunities could go strictly to
the employee who had worked the least amount of
overtime. Job classification, work station, or depart­
ment could serve as a basis on which assignments were
made; however, employees outside the units where
overtime opportunities existed could be called upon if
there were no volunteers. For the purpose of assign­
ment, overtime work refused by an employee was gen­
erally recorded as overtime worked. Records of over­
time worked by each employee were to be kept by the
employer and either posted or made available to the
union and employees for inspection. Agreements, in
some instances, provided for a regular review of re­
cords to see that overtime was, in fact, being distributed
equitably. The review could also serve as a basis for
carrying over excess overtime hours to the following
year:
(5)

(105)

(106)

A rotating seniority list, within classification, will
be used by the employer to distribute overtime on an
equitable and impartial basis. This list will be kept up
to date at all times and shall be reviewed by the de­
partment head and union representative every three
months. If the review shows that the overtime is not
being distributed on an equitable and impartial basis
the personnel in the classification affected will be
reassigned so that the employees will be within forty
hours of each other at the completion of a half year.

(107)

The University will rotate overtime opportunities
among qualified employees in a department who nor­
mally perform the work that is being assigned for
overtime. The University agrees to post and maintain
overtime rosters, which shall be made available to the
district steward upon request. Said rosters shall be
posted in the departments and kitchens and will in­
clude a list of overtime hours worked and refused with
overtime awarded to the employee within the depart­
ment who on the roster has the fewest aggregate hours
worked and refused. If an employee on a shift is of­
fered overtime on another shift solely for the purpose
of equalizing overtime, the “ call-in pay” provision
does not apply with respect to this article.
An employee who is offered but refuses overtime
assignments shall be credited with the amount of over­
time (not less than 2 hours) for purposes of this sec­
tion.
If it is determined that an employee has not been
given his overtime opportunity, it will be the sole
obligation of the University to give preference to such
employee in future overtime assignments to correct
the imbalance of opportunity.
Normally, overtime assignments will be made in the
department to qualified volunteers. If qualified volun­
teers are not available in the required numbers, then
overtime assignments will be made to qualified em­

Overtime shall be distributed as equally as feasible
among qualified employees customarily performing
the kind of work required, and currently assigned to
the work section in which the overtime is to be
worked.
The employer shall maintain a record of all overtime
worked, and upon reasonable request shall make the
record available to any employee in the work section
where the overtime was worked.

Overtime hours shall be divided as equally as possi­
ble among employees in the same classifications in
their district. An up-to-date list showing overtime
hours will be posted daily in a prominent place in each
district.
Whenever overtime is required, the person with the
least number of overtime hours in that classification
within their district will be called first and so on down
the list in an attempt to equalize the overtime hours.
Employees in other classifications may be called if
there is a shortage of employees in the classification
needed. In such cases they would be called on the
basis of least hours of overtime in their classification
provided they are capable of doing the work.
For the purpose of this clause, time not worked
because the employee was unavailable, or did not
choose to work, will be charged the average number of
overtime hours of the employees working during that
callout period (3 hour minimum).
Overtime hours will be computed from December 1
thru April 15 and from April 16 thru April 15 each year
thereafter. Excess overtime hours will be carried over
each year and is subject to review at the end of each
period.
Employees that have changed classifications will be
charged with the highest number of overtime hours
that exist in the new classification on the day he was
reclassified.

When the employer determines that overtime is
necessary, the employer will, whenever practicable,
assign such overtime work in accordance with senior­
ity among those employees assigned to the work sta­
tion who normally perform the work involved on a
rotating basis. A record of overtime opportunities
shall be maintained and shall be available for review
by employees or the union.
In the overtime distribution process, employees
shall be permitted to decline overtime work; however,
the employer shall have the right to require the least
senior available employee to perform the overtime
work, including requiring employees to remain at
work after conclusion of their shift until relief is avail­
able.

(104)

ployees following the “juniority” principle, i.e., to
the least senior qualified employees.




Equal distribution clauses could be waived when em­
ployees with specific skills or qualifications were re­
quired for a job. Other clauses allowed the employer to
extend the shift of an employee already at work rather
than call in another employee:
(108)

34

. . . The parties agree that management may make
specialized assignments as required when specific
technical skills and/or qualifications are needed, and
may require employees to work overtime to meet the
needs of the facility. Employees who are called in to
work overtime shall be given a reasonable time to
report for duty with due consideration to the special
circumstances of any such employee.

(14)

(109)

Overtime within a unit of distribution shall be dis­
tributed as equitably as practicable among employees
assigned to the same classification who are within the
same unit of distribution and who are qualified to
perform the overtime assignment before an employee
from another classification or another unit of distribu­
tion is assigned the work on an overtime basis. In this
connection the University need not call in an em­
ployee to work rather than extend the shift of an
employee already at work nor assign or call in an
employee to work who has provided the University
with a written statement that he does not wish to work
overtime. Such a statement will be effective until
withdrawn in writing by the employee. Nothing
herein, however, shall prohibit the University from
assigning or calling in such an employee to work if
sufficient other employees capable of doing the work
are not available.

(105)

The employee could exchange overtime assignments
with another employee or could refuse nonscheduled
overtime, but if too many refused scheduled overtime,
then employees might be required to work. For pur­
poses of equal distribution of overtime, refusal would
be charged to overtime worked:
(60)

(115)

An employee may refuse overtime as long as his
refusal does not work a hardship on the department
concerned.

Any time work is performed in excess of eight hours
in any one day and forty hours in any one week, it shall
be considered as overtime and shall be paid at the rate
of 1Vi times the regular rate of pay.

(35)

No employee shall be censured for refusing to work
overtime, except in emergency . . . .




Rutgers will make every reasonable effort to pro­
vide for an equitable distribution of overtime work
among employees in a work unit in each seniority unit,
after taking into consideration the nature of the work
to be performed during overtime hours and the qual­
ifications and abilities of the employees in the senior­
ity unit. Any refusal of overtime work shall be re­
corded as overtime worked by the employee . . . .

Overtime rates. Seventy-two percent of the 262 agree­
ments with overtime provisions set forth the overtime
rate of pay (table 21). Most specified rates for both daily
and weekly overtime, generally specifying that it was
time and one-half the regular rate of pay:

But overwhelmingly, contract provisions reached a
compromise between the needs of employer and em­
ployee. Employees could refuse overtime, but not in an
emergency and not if it made it difficult for the unit to
function effectively:

(112)

The hospital shall be the sole judge of the necessity
for overtime.
(a) Non-scheduled overtime must be worked when
assigned.
(b) Scheduled overtime will be offered to qualified
employees in accordance with departmental (or
departmental classification) seniority.
Scheduled overtime may initially be refused,
but if sufficient qualified employees do not vol­
untarily accept, the hospital shall assign the
overtime work to qualified employees within
the classification involved in the inverse order
of seniority and employees must work such
overtime when assigned.

(114)

There shall be no discrimination against any em­
ployee who refuses overtime.

(111)

Overtime work required by the Commissioner is
mandatory and cannot be refused. An employee as­
signed to such overtime will be allowed to swap or
arrange for another employee to replace him on said
overtime. If an employee cannot make said arrange­
ments, he must work the overtime as assigned. Once a
substitute accepts said overtime, he becomes respon­
sible for working same.

(113)

. . . The Appointing Authority shall not be required
to cut in on work in progress in order to maintain an
equitable balance of overtime. A record of the over­
time hours worked and declined by each employee
shall be posted on the employee bulletin board
monthly.

Right to refuse overtime. The em ployer’s right to
schedule hours of work has been modified through col­
lective bargaining in both the private and public sectors.
The length of the workday and the workweek have long
been subjects of joint determination, as has the rate of
overtime pay. In recent years, management’s right to
schedule overtime also has become a collective bargain­
ing issue. Management is seeking the work force flexi­
bility needed to guarantee that operations will not be
hampered or interrupted, particularly in continuous
government operations such as protective services,
water services, and hospitals. Employees, on the other
hand, may be seeking time off from work to rest, to be
with family, or to pursue their own interests.
The issue of compulsory versus voluntary overtime
has, in some cases, been resolved in negotiations. In the
present study, 68 agreements referred to the right to
refuse overtime (table 20). At one extreme was the rare
provision in which overtime was voluntary and em­
ployees were protected from disciplinary action if they
refused overtime work:
(110)

In assigning overtime work, the employer agrees to
consider any circumstances that might cause such an
assignment to be an unusual burden upon the em­
ployee. When such circumstances do exist, the em­
ployee shall not be required to work unless his ab­
sence in the judgment of his supervisor would cause
the employer to be unable to meet its responsibilities.

One and one-half times an employee’s regular
hourly rate shall be paid for all hours worked in excess
of 8 hours in any day or in excess of 40 hours in any
work week or after the completion of a task route in
the Solid Waste Division . . . .

In determining the number of hours worked in the
week for overtime purposes, provisions permitted cer­

35

tain time off with pay to be counted as hours worked,
including holidays, vacations, personal leave, sick
leave, and compensatory time off:
(3)

(6)

The following provisions apply to all areas of work
in the bargaining units except those specifically cov­
ered by the original letters of agreement, the con­
tents of which are contained in this agreement.
(A) Time and one-half the regular straight time rate
will be paid for all time worked in excess of eight
hours in an employee’s work day.
(B) Time and one-half the regular straight time rate
will be paid for all hours worked in excess of
forty hours in an employee’s workweek.
For the purpose of computing overtime pay for over
forty hours in an employee’s workweek, a holiday for
which he receives holiday pay will be counted as a day
worked.
Time during which an employee is excused from
work because of vacation, holidays, personal leave,
sick leave at full pay, compensatory time off or other
leave at full pay shall be considered as time worked for
the purpose of computing overtime.

Compensatory time off only shall accrue to em­
ployees in group 16 and above for hours worked in
excess of his normal bi-weekly pay period . . . .
All time worked between 35 and 40 hours per week
shall be compensatory time off only.

Half the provisions did not specify whether compensa­
tory time would be provided at premium or straighttime rates. The remainder did distinguish in this man­
ner, and were about evenly divided between the two
(table 22).
In some instances, a limit was placed upon the
amount of compensatory time that could be accumu­
lated. If employees worked additional overtime, cash
payments had to be made. If employees had not used
their compensatory time by the end of the year, they
had to accept money for unused hours. In some in­
stances, compensatory time could be carried over into
the next year:
(20)

(119)

Compensatory time. Thirty-two percent of the over­
time provisions offered compensatory time in lieu of
cash compensation. Compensatory time would seem to
be an advantage to government administrators faced
with budget constraints, since overtime work could be
traded for time off. Some clauses, however, required
money payments for certain activities, such as work
during riots, emergencies, or civil disturbances, or they
gave the employee a choice between compensatory
time or cash payment. This option might be available
only to certain groups of employees:
(116)

If it shall be necessary for an employee to work
more than the regular working hours, compensatory
time off or cash payment shall be allowed. Employees
shall choose compensatory time or cash payment in
writing to department head by December 1 and May
31 of each year, as to the manner of payment for that
six month period.

It is agreed that employees who accrue compensa­
tory time shall be entitled to take that time off, and that
accrued compensatory time shall be taken as soon as
possible after it is earned.
. . . Compensatory time credits accrued by em­
ployees during the accrual year shall be liquidated no
later than midnight, March 31, of each year, except
that employees shall be entitled to carry over up to 24
hours of accrued compensatory time into the new
accrued year.

The present practice of compensatory time off for
overtime work shall be continued; provided, how­
ever, that one and one-half times the straight time
hourly rate will be paid for all hours worked beyond
the employee’s regular schedule for work performed
during riots, strikes, civil disturbances, major con­
flagrations or other duly authorized emergencies.

(117)

In lieu of cash payment for overtime work, regular
full-time employees may elect to take compensatory
time off at the rate of one and one-half for each one
hour of overtime worked.
Regular full-time employees may accumulate not
more than twenty-four overtime hours to be taken off
at the rate of one and one-half hours off for each
accumulated overtime hour.
All compensatory time accumulated but not used in
a calendar year will be paid in cash in the last pay
period of the year.
Compensatory time may be used at the employee’s
discretion with the approval of the department head.

(11)

A few overtime rate clauses provided for straighttime pay only. In each case, except for one agreement
covering professional employees, they also included an
arrangement for compensatory time off.

An employee may accumulate 64 hours at straight
time or 96 hours at overtime rate of compensatory
time during any calendar year after which accumula­
tion the County must give and the employee must
accept cash payment.

(118)

The employer, as a rule, had to allow employees to
take their compensatory time when they wanted to use
it. However, the choice of time off was not to interfere
with normal operations. If it did, the government ad­
ministrator could deny employees the time they had
chosen. But this power was not to be abused. Conse­
quently, some contracts made denial a grievable issue
or required the employer to give an explanation for the
action:

Effective January 1, 1975, overtime shall be paid at
the rate of time and one-half for all hours worked over
40 hours per week for all employees in bracket 11 and
below.
Straight time pay or compensatory time off (at the
option of the employee) shall be paid to all employees
in pay groups 12 through 15, for all hours worked in
excess of 40 hours per week.




(120)

36

With the prior approval of departmental manage­
ment, accumulated compensatory time off may be
taken by an employee. Management will not un-

reasonably withhold approval for such compensatory
time off . . .
(121)

at employee’s convenience, consistent with the effi­
cient operation of his (her) agency. Such time off
requires prior approval by supervisor. Denial of
compensatory time must be explained.

Compensatory time - equal time off. This is taken

Table 18. Scheduled hours in the workweek in State and county collective bargaining agreements by
occupational group, 1972-73
Referrin to workweek
All agreements
Occupational group

Less than
40 hours1

Total

More than
40 hours2

40 hours

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Total........................................

318

340,447

275

300,244

26

27,125

177

203,214

Blue-collar or manual........................
Professional or technical.....................
Cle rical..............................................
Police and fire....................................
Blue-collar and clerical.......................
Professional, technical, and
clerical............................................
Blue-collar and professional................
Police, fire, and clerical......................
Multiple occupations not defined
or not listed above4.........................

73
67
4
31
10

30,021
68,974
2,739
31,750
5,830

69
52
4
22
10

29,556
52,500
2,739
26,472
5,830

4
2
1
2

3,000
2,550
130
1,460

52
34
1
14
5

25,935
34,307
75
23,721
4,020

6
14
5

21,032
10,051
12,911

6
14
2

21,032
10,051
2,855

1

_
__

158
__
__

5
11
1

108

157,139

96

149,209

16

19,827

54

11ncludes 1 agreement which provided for a 38-hour workweek, 17 agreements which pro­
vided for a 37V2-hour workweek, and 8 agreements which provided for a 35-hour workweek.
includes 1 agreement which provided for a 411
/4-hour workweek, 1 a 42-hour workweek, 3 a
42V2-hour workweek, 1 a 43-hour workweek, 1 a 44-hour workweek, 5 a 45-hour workweek,

Reference to
workweek; no
reference to
weekly hours

Varies3

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

14

7,880

20

10,463

38

51,562

43

40,203

9
__
__
3
__

1,424

4
3

609
2,961
50
350

_

1,588
12,232
114
2,282

4
15
__
9

465
16,474

1
3

4
11
1
3

20,874
8,518
2,800

_

_
55

_
_

_
_

3

1

_

1,533
__

82,964

1

6,112

9

6,493

16

33,813

_

__
289

_

_

Level of government
Mil d g l C C I I I C I I l i

County

State

Provision

Agreements Workers Agreements Workers Agreements Workers
.............................................

Total referring to scheduled days
in the workweek .......................
5 days ..................................
Days vary1 .............................
Protective service schedul­
ing2 ..................................
Reference to days in work­
week; no reference to number
of d a y s ..............................
No reference to scheduled days in
workweek ..................................

318

340,447

106

151,257

212

189,190

272
198
5

298,939
206,466
7,902

95
71

122,849
88,758

177
127
5

176,090
117,708
7,902

3

271

3

271

66

84,300

24

34,091

42

50,209

41,508

11

28,408

35

13,100

46

in c lu d e s 4 agreements in which the days of the work­
week varied by occupation or department, and 1 agree­
ment in which the days varied with the work schedule.
2 Protective service scheduling refers to the complex arrange­




_

5,278

_

_

_

3

10,056

12

7,930

1 a 48-hour workweek, and 1 firefighter agreement which provided for a 55-hour workweek.
inclu d es 10 agreements in which the workweek varied by occupation or department, 5
by shift, 3 by the time of the year, and 2 by occupation and time of the year.
4See footnote 1, table 4.

Table 19. Scheduled days in the workweek in State and county collective
bargaining agreements by level of government, 1972-73

Total

No reference
to workweek

—

—

ments necessary to maintain continuous
and fire departments. Lengthier than
of 10, 14, or 24 hours often resulted
of 4 days in one week and 5 days in the

operations by police
normal daily shifts
in weekly schedules
next.

Table 20.
1972-73

Overtime provisions in State and county collective bargaining agreements by occupational group,
Overtime provisions
All agreements

Occupational group

Daily overtime

Total

Daily and weekly
overtime

Weekly overtime

Equal
distribution of
overtime

Right to refuse
overtime

Reference to
overtime-,
no details given

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Agree­
ments

Workers

Total........................................

318

340,447

262

284,726

14

22,336

38

45,360

137

130,166

73

86,864

68

77,422

130

147,561

Blue-collar or manual.........................
Professional or technical.....................
C le rical..............................................
Police and fire....................................
Blue-collar and clerical.......................
Professional, technical, and
clerical............................................
Blue-collar and professional................
Police, fire, and clerical......................
Multiple occupations not defined or
or not listed above1.........................

73
67
4
31
10

30,021
68,974
2,739
31,750
5,830

66
45
4
22
10

29,305
43,949
2,739
25,647
5,830

1
1

77
68

9
8

7,059
9,976

___

2
2

745
650

10
19
1
8
3

7,650
17,407
114
13,110
1,430

9,681
5,792

___

14,519
16,498
2,625
8,472
3,750

22
6

___

46
17
3
10
5

44
10
2
7
4

22,482
11,878
125
9,143
4,416

6
14
5

21,032
10,051
12,911

6
13
3

21,032
9,751
6,855

1

263

108

157,139

93

139,618

—

2

3,320
—

—

1
1

20,533

1See footnote 1, table 4.

4,623
55

2
8
1

317
3,332
2,800

4
3
1

20,327

45

77,853

24

—

—

8,782
3,766

3
2

_

_

5
1

20,905

4,153
4,000

1
7
—

91
4,474
—

29

20,715
1,533
4,000

17

—

7

—

41,248

55

94,952

NOTE: Nonadditive. An agreement may contain more than one of the provisions listed.

Table 21. Overtime rates in State and county collective bargaining agreements
by daily and weekly overtime, 1972-73
Referring to overtime rates
Overtime rate

Total

Daily overtime

Weekly overtime

Agreements Workers Agreements Workers Agreements Workers
Total

.............................................

189

197,862

151

152,502

175

175,526

Premium rate1 ...........................................
Straight-tim e rate ....................................
Reference to overtime rate; no d etails
given ......................................................

175
8

184,556
8,956

141
4

143,812
4,340

163
7

162,620
8,806

6

4,350

6

4,350

5

4,100

in clu d e s 1 agreement covering 13,000 workers which provided premium pay for daily overtime for employees whose
salary level was below a given amount.

Table 22.

NOTE: Nonadditive. An agreement may contain more than
one of the provisions listed,

Compensatory time in State and county collective bargaining agreements by occupational group, 1972-73
Referring to compensatory tim e
All agreements

Occupational group

Total

Straight time

Reference to
compensatory time;
no d etails given

Premium time

Agreements Workers Agreements Workers Agreements Workers Agreements Workers Agreements

Workers

T o tal............................................

318

340,447

83

144,742

19

28,497

22

58,085

42

58,160

Blue-collar or m a n u a l...........................
Professional or te c h n ic a l......................
C le r ic a l...................................................
Police and f ir e .......................................
Blue-collar and c le r ic a l........................
Professional, technical, and c le ric a l...
Blue-collar and p ro fe ssio n a l................
Police, fire, and c le r ic a l.......................
M ultiple occupations not defined or
not listed above1 ...............................

73
67
4
31
10
6
14
5

30,021
68,974
2,739
31,750
5,830
21,032
10,051
12,911

14
19
—

12,824
20,474
—

2
4
—

2,398
2,918

3

1,700

9
15

8,726
17,556

12
2
3
—
—

12,657
2,546
20,557
—
—

1
2
1
—
—

130
2,546
3,000
—
—

6

5

5,989
__

__
__
__

6,538
__
__
__
__

2
__

17,557

108

157,139

33

75,684

9

17,505

13

49,847

1See footnote 1, table 4.




38

_

_
_
_

_
_

_
_

_

_

_
_

11

8,332

Chapter 5.

Wage-Related Provisions
(123)

This chapter describes selected wage and allowance
provisions in State and county collective bargaining
agreements. Economic provisions such as these are
important to government employees because they af­
fect take-home pay, and are no less important to gov­
ernment employers who must weigh the cost of person­
nel against available sources of revenue in those State
and county operations which are significantly labor in­
tensive.
None of the provisions discussed here were found in
as many as half of the contracts. To some degree, their
relative lack of frequency stems from the power of
executive and legislative branches of government over
financial and budgetary matters. In some cases, provi­
sions may exist in personnel manuals or other docu­
ments outside the collective bargaining agreement. But
some of these matters, as noted below, are becoming
subjects for joint labor-management determination.

Longevity pay
Over one-quarter of the agreements studied pro­
vided an extra payment to employees in recognition
of their length of service (table 23). The payment
could be a monthly addition to salary, or a semi­
annual or annual payment. The amount was usually
graduated by years of service and could be calcula­
ted either as a dollar amount per year of service or
as a percent of annual earnings:
(10)

Longevity Plan
Effective 1/1/75
$5.00 per month after 5 years of continuous service.
$10.00 per month after 10 years of continuous service.
$15.00 per month after 15 years of continuous service.
$20.00 per month after 20 years of continuous service.

(32)

Longevity. One hundred dollars for each 5 years of
service to be paid semi-annually, qualifying dates
shall be June 1 and December of each year.

(124)

All employees covered by this agreement shall re­
ceive during the month of December a longevity pay­
ment in accordance with the following schedule. The
percentages set forth herein shall be applied to the
employee’s total wages earned between December 1st
and November 30th of each year.
After 2 years — 1 percent
After 5 years - 2 percent
After 10 years - 3 percent

Wage surveys
With the coming of collective bargaining, employee
organizations have gained a voice in the wage survey
process by which some State and local governments
determine the level of wages for their employees.
Forty-five of the agreements studied contained provi­
sions referring to wage surveys, all but six of which
were negotiated by Los Angeles County with a variety
of employee organizations (table 23). In other studies of
governm ent agreem ents, clauses have been found
which provide elaborate rules for the conduct of wage
surveys.4 However, clauses in the present study uni­
formly limited the role of the union to a review of
results, in effect certifying that the wages developed are
in fact those prevailing in the area:
(122)

Some longevity payment provisions stipulated that the
bonus would not be used in computing other payments,
such as overtime, holiday, sick leave, or vacation pay.
A prorated payment might be made if the employee
retired or died before the normal payment period. Cal­
culations usually used an employee’s continuous ser­
vice, which might be broken by quit, discharge, or
layoff. On the other hand, college staff hired for 10
months did not break service if they returned for the
next academic year:

The parties, having jointly reviewed and considered
all available salary and wage information and data,
agree that the recommended salary levels set forth
hereinabove comply with the requirements of Section
47 of the Charter of the County of Los Angeles, and
will in each instance provide a salary or wage at least
equal to the prevailing salary or wage for the same
quality of service rendered in private industry under
similar employment where such prevailing salary or
wage can be ascertained.

(125)

4See, for instance, Collective Bargaining Agreements for Police
and Firefighters, Bulletin 1885 (Bureau of Labor Statistics, 1976).




Prior to the formation of suggestions and policy on
salary survey results, the employer shall discuss them
with WSEA for the purpose of making a joint state­
ment to the Department of Personnel, if and when
agreement is reached.

39

The following longevity pay plan shall be effective
for the term of the contract:
$75 after 2 full calendar years of service
$150 after 4 full calendar years of service
$225 after 6 full calendar years of service

$275 after 8 full calendar years of service
$325 after 11 full calendar years of service
$375 after 14 full calendar years of service
$425 after 18 full calendar years of service
$475 after 22 full calendar years of service
$525 after 26 full calendar years of service
$575 after 30 full calendar years of service
Longevity pay shall be considered a wage bonus
and shall not be part of the basic hourly wage rate for
purposes of computing overtime, holiday pay, sick
leave pay, or vacation pay.
The longevity bonus to . . . County employees en­
titled thereto, shall be paid annually with the pay
period ending November 30th. In the event of retire­
ment due to age or physical disability, or death, of any
employee qualifying for longevity bonus in the year of
such retirement due to age or physical disability, or
death, the amount of the total longevity bonus to
which such employee would be entitled at the end of
the calendar year shall be prorated from January 1st of
the year of retirement due to age or physical disability,
or death, to the date of the happening of such event.
Employees who quit or are discharged for cause shall
not be entitled to receipt of longevity pay.
(126)

(127)

hiring date in accordance with the following provi­
sion:
a) Continuous service shall be broken by
1) Quit
2) Discharge
3) Termination due to a reduction of employees
or other reason
b) Ten month employees shall not suffer a break in
continuous service by reason of their employ­
ment only during the employer’s academic year
provided they return to work upon commence­
ment of the immediately following academic
year . . . .
Longevity pay shall be based on the following
schedules:
Continuous Service

6 or more and less than
10 years..................................... 2 % of annual wage
10 or more and less than
14 years.......................................3% of annual wage
14 or more and less than
18 years.......................................4% of annual wage
18 or more and less than
22 years.......................................5% of annual wage
22 or more and less than
26 years.......................................6% of annual wage
26 or more years...........................8% of annual wage

All full time employees hired prior to January 1,
1974, will be paid longevity service adjustments as
follows:
Upon completion of 10 years continuous service,
$300 to be adde,d to his annual salary.
Upon completion of 20 years continuous service,
another $300 to be added to his annual salary.
Upon completion of 30 years of continuous service,
another $300 to be added to his annual salary.
All full time employees hired subsequent to January
1, 1974 will be paid longevity payments as follows:
Upon completion of 10 years continuous service, an
employee will receive a $500 cash payment.
Upon completion of 20 years continuous service, an
employee will receive a $750 cash payment.
Upon completion of 30 years continuous service, an
employee will receive a $1,000 cash payment.
An unauthorized absence of one year or less or
authorized absence without pay shall not result in an
interruption of said years of continuous service but
shall in no event be used in computation of the said
years of continuous service as set forth above.
The longevity increments provided for in this article
shall be in addition to negotiated salary increases due
the employee pursuant to the then existing salary
schedule or any increase due said employee as a result
of a promotion. Such increase shall become payable
commencing with the first full pay period following
the completion of the years of service required.

Work clothing and uniform allowances
Two-fifths of the agreem ents contained clauses
which required the employer to provide or maintain
uniforms or other clothing worn on the job (table 23).
Although provisions were found in all but one govern­
ment activity, most were in contracts in law enforce­
ment, education, health and medical units, and public
works. Together, these four categories accounted for
over one-half of the contracts with uniform or clothing
allowances. Blue-collar contracts contained more of
these allowances than agreements covering any other
occupational group. Uniforms were frequently pro­
vided for police officers, firefighters, and workers in
health and medical facilities; work clothing, for em­
ployees of public works departments and blue-collar
employees in educational institutions.
A number of contracts provided annual monetary
allowances so that employees could purchase their own
uniforms or work clothing. If uniforms changed, some
agreements guaranteed special payments to cover costs
of the change. Other contracts stipulated that the gov­
ernment would issue clothing annually:

All employees covered by this agreement who are
on the employer’s active payroll as of July 1 of any
year shall be entitled to receive longevity pay for
length of continuous service with the employer ac­
cording to the following rules and schedule of pay­
ment.
Longevity pay shall be based on an employee’s
continuous service with the employer as herein de­
fined. Longevity pay shall be computed as a percen­
tage of an employee’s annual wage for the preceding
calendar year as stated in the employee’s W-2 form.
For purposes of this section, continuous service
means service calculated from the employee’s last




Annual Longevity Pay

(76)

(128)

40

The employer agrees to provide a uniform allow­
ance of two hundred dollars per year per employee to
be paid directly to employees in two semiannual in­
stallments. In the event there is a general change in the
uniform, or any part thereof, the County shall pay the
reasonable cost of all such changes.
The parties agree to jointly recommend to the Board
of Supervisors an amendment to the County Ad­

Health and medical workers and education, public
works, and law enforcement personnel were those most
frequently supplied with safety equipment. Among
these clauses were general policy statements which
stipulated that all necessary safety equipment would be
furnished employees, sometimes citing a few specific
examples such as safety glasses or shoes. On occasion,
clauses also obligated the State or county to care for and
maintain the equipment. In most instances, the gov­
ernment retained ownership, except where the safety
equipment was custom fitted, such as safety glasses and
shoes:

ministration Code to provide for the issuance of two
shirts and two trousers, as prescribed by manage­
ment, to each person employed as a Fireman and
Fireman Specialist. Such issuance to take place once
each fiscal year for the term of this memorandum of
understanding.

Imsome instances, uniforms or work clothing were
provided, maintained, and replaced by the employer:
(129)

If uniforms are required by the employer, it is
agreed that the expense of furnishings, laundering,
cleaning, maintaining and replacing of such uniforms
be at the expense of the employer.

C ontracts covering law enforcem ent employees
might provide compensation for “ plain clothesmen”
whose personal apparel underwent extra wear or was
damaged when worn on duty. Workers in health and
medical occupations, especially in State mental hospi­
tals, could receive replacement clothing for those dam­
aged by patients or could be guaranteed replacement
funds. Occasionally agreements listed procedures to be
followed in processing a claim:
(130)

(132)

(133)

Any employee assigned to perform duty in plain
clothes by order of the Commissioner of Police for a
continuous period of not less than three months, shall
receive additional compensation in lieu of clothes
pro-rated bi-weekly on the basis of three hundred fifty
dollars per calendar year.

(25)

The employer shall reimburse employees for uni­
forms, clothing, or other personal property which is
destroyed by patients as provided in Chapter 30, Sec­
tion 9c . . . .
Outlined below is the procedure to be followed in
processing claims of personnel for repair or replace­
ment of damaged clothes or property.
1. Notarized statement must be obtained from
employee detailing the incident during which
damage occurred, and an estimate of the cost.
2. Notarized statement must be obtained from
witnesses, if any, to the incident.
3. Claim must be review ed by qualified
personnel . . . who will recommend, in writing,
to the superintendent acceptance or disallow­
ance of claims. If claim is for replacement, the
age and condition of the item at the time it was
damage must be considered. . . . If the claim is
disallowed, reasons must be given . . . . The
superintendent will notify the employee and
also advise him why the claim was not
allowed . . . .
4. Employee must submit a receipt or paid bill for
the repair or replacement, if . . . made by out­
side agencies . . . .

If any employee is required by the Department to
wear or use any protective clothing or device, such
clothing or device shall be furnished and maintained
without cost to the employee by the Department. This
is intended to include outer clothing, gloves, prescrip­
tion and regular safety glasses, safety shoes, and hard
hats. Ownership of these devices remains with the
Department and should an employee leave, all items
are to be returned in serviceable condition with the
exception of prescription safety glasses and individu­
ally fitted safety shoes.

Management will replace clothing or prosthetic ap­
pliances (eyeglasses, dentures, etc.) if they are torn or
damaged by a patient.

(131)

If any employee is required to wear protective clo­
thing, or any type of protective device as a condition
of employment, such protective clothing, or protec­
tive device shall be furnished without cost to the em­
ployee by the County; the cost of maintaining the
protective clothing in proper working condition (in­
cluding tailoring, dry cleaning, and laundering) shall
be paid by the County.
Employees required by the County to wear safety
glass prescription lenses as established by the De­
partment Safety Committee and the Department Di­
rector due to recognized eye hazards normal to their
work, will have such glasses furnished by the County
to a prescription furnished by the employee.

Clauses could list equipment that would be provided,
specify those workers who would use it, and detail
when the equipment would be used. Inclement weather
for many public workers and police emergencies were
cited as conditions requiring the use of special safety
equipment. Clauses also provided for such items as
respiratory masks if essential to the safety of certain
employees:
(53)

(60)

Twenty-two percent of the agreements in the study
provided employees with safety equipment (table 23).




41

. . . Before an employee covered by this agree­
ment is required to participate in a relief capacity
for a member of the tactical force, he shall be issued
the necessary protective equipment.

(55)

Safety equipment

The employer shall provide hard hats to all em­
ployees and shall also provide rain gear, when emer­
gency conditions necessitate, to properly protect the
employees from inclement weather. It shall be the
responsibility of the employee to have such protective
gear and devices with him at the job site.

The employer will furnish special work clothing
or safety equipment as follows . . .
Pants and Shirt. During oiling season for men on
oil trucks and men handling tar paper

(110)

Hard hats — maintenance and construction crews
Respiratory masks - Men in paint shop, on oil
trucks
Safety glasses — as required
Safety vests - flagmen
Reflectory gloves for helpers on snow plows

A few contracts permitted employees to choose be­
tw een a cents-per-m ile allow ance or a flat daily,
weekly, or monthly payment. A survey of local gasoline
prices could be required as part of the procedure for
determining reimbursement rates:

Employees could face disciplinary action, even dis­
missal, for failure to make use of the safety equipment
provided:
(134)

Effective January 1,1973 the mileage allowance will
be $. 12 a mile or a minimum of $1 per day whichever is
greater if authorized. Toll charges also will be reim­
bursed if supported by appropriate receipts.

Employees who work at jobs or in areas deemed by
the County Office of Insurance and Safety to be
dangerous, shall be required to wear safety devices
and/or equipment designated by that office as neces­
sary for their protection. Such devices and equipment
will be provided by the County. Refusal or failure of
an employee to use or wear such devices or equipment
shall be grounds for appropriate disciplinary action,
up to and including dismissal.

(135)

Employees who, by virtue of the nature of their
jobs, are required to drive their own automobiles in
connection with the performance of their work, shall
be entitled to reimbursement therefore in the amount
of 10 cents per mile necessarily driven for such pur­
pose, provided they fill out a daily report on forms
provided by the employer. In lieu thereof, such em­
ployees may elect to be reimbursed on the basis of
twenty-five dollars per month (without a daily mileage
report) for such usage. In either event, reimbursement
will be made quarterly.

(99)

Any person in the service of the County who is
required to travel on business for the County and who
has been duly authorized to use and uses a privately
owned automobile or truck shall be allowed and paid
as traveling expense in lieu of the cost of carrier ser­
vice, for each mile so traveled or for each hour of use
going and coming, reimbursement at the following
rate:
Privately owned automobile or truck:
Claimant may at his option select either of the
following rates as stated on his claim for reim­
bursement:
Option A
To and including 750 miles
in any month
160
In excess of 750 miles in
any month
100
Option B
Each day or part thereof an
automobile or truck is used $1.90 a day plus
5.20 a mile
Payment under Option B shall be claimed for
each calendar month during which any travel
under this option is performed and no pay­
ment under Option B shall exceed 350 per
mile per calendar month.
Option C
$2.50 per day for each day the motor vehicle
is available for use and such person is on duty
and, in addition and if approved by the Chief
Administrative Officer, for each day the
motor vehicle is available and such person is
required to be available for immediate recall
to duty.

Automobile allowances
Allowances for authorized use of an employee’s au­
tomobile for official business were granted in more than
one-fifth of the agreements, covering nearly one-third
of the workers in the study (table 23). Among workers
to whom car allowances applied were parole officers
and social workers who visit homes, teachers and edu­
cational administrators who must split their day among
several schools, road department supervisors who must
visit various job sites, and police officers who use their
own cars on duty.
Allowances are designed to defray the costs of vehi­
cle operation including gasoline, depreciation and, in
some instances, insurance. By far the greatest number
of these clauses provided for a specific payment per
mile traveled. In some clauses, travel in excess of a
specified number of miles was paid for at a lower rate
per mile, since, as a rule, cost decreases as mileage
increases. Advance approval of travel was a common
requirement for reimbursement:
(119)

All employees required to use their own automobile
in County business and approved by the department
head shall be reimbursed at 15 cents per mile for the
first 200 miles per month, and 10 cents per mile there­
after.

(85)

Subject to vehicle rules and regulations established
by the board, an employee who is authorized to use a
private automobile in the performance of his duties
shall be paid for the mileage driven during each
monthly period on the following basis:
1. Seventeen cents per mile for the first 150 miles.
2. Fifteen cents per mile for each additional mile
above 150 miles.

The County will survey the gasoline prices paid in
local retail service stations on June 1, 1974 to establish
average gasoline prices. If during fiscal year 1974-75,
by use of the same sample, the average cost of
gasoline per gallon increases 150 or more, the county
agrees to meet and confer on automobile mileage
reimbursement rates at that time.

Some contracts guaranteed a minimum payment
where use of a private vehicle was authorized. Em­
ployees could also be reimbursed for extra expenses
such as parking fees or toll charges:




Recognizing that work-related use of an employee’s

42

shall receive, in addition to their base rate of pay, 10(2!
per hour and 20# per hour respectively, additional
compensation. Such differential is to be added to the
total wages and does not increase the base rate of pay
and will be paid for all hours worked on a shift. A
person shall be deemed to be working on the shift in
which the majority of his hours worked fall on that
day.

car can increase insurance costs, one clause stated that
authorization to pay the resulting difference in insur­
ance rates would be sought:
(84)

State owned vehicles will be placed under the con­
trol for assignment by the Regional Administrator. He
shall endeavor to assign such vehicles so as to reduce
the number of instances in which employees cus­
tomarily must transport clients in privately owned
automobiles in the course of their duties. Where em­
ployees must still transport clients in private vehicles,
the department shall seek the authorizations to re­
imburse the employees for the difference in the in­
surance rates.

(138)

(139)

Shift differentials
Two-fifths of the agreements in this study provided
for an extra payment to employees to compensate them
for working the inconvenient hours of an evening or
night shift (table 23). Unlike private industry, where
time differentials or time plus money differentials are
often found, all contracts in this study provided for
money differentials. Payments were either a specific
amount of money per hour or week or a specified per­
centage added to the employees’ regular rate of pay.
(Percentage payments maintain relative differences in
the wages of different categories of employees.) In one
instance, a provision for a percentage differential in­
cluded a guarantee of a minimum cents-per-hour pay­
ment:
(114)

In a few instances, the differential varied by occupa­
tion:
(140)

A shift premium of 13 cents per hour shall be paid to
any employee who is regularly scheduled to start work
on or after 10:00 p.m. and before 4:00 a.m.

(136)

An employee, except physicians and dentists, med­
ical and dental interns, resident physicians and
surgeons, dental residents and employees paid on a 24
hour basis, who works an assigned night shift shall, in
addition to his regular salary, be paid a night shift
differential for each hour actually worked on the as­
signed night shift.
For purposes of this section, night shift shall mean
an assigned work shift of seven consecutive hours or
more which includes at least 4 hours of work between
the hours of 4:00 p.m. and 8:00 a.m. Overtime which is
worked as an extension of an assigned day shift shall
not qualify an employee for night shift differential.
The rate of night shift differential shall be 5% of the
employee’s basic hourly rate with a minimum of 14
cents per hour.

Wage adjustments
Provisions permitting adjustments in wages during
the life of a contract could take the form of deferred
increases, escalator clauses, or contract reopeners
(table 24). Wage-adjustment provisions are found in
longer term contracts, making them feasible in that
employees are partially protected from changes in
economic conditions. In turn, long-term contracts in­
sure longer periods of labor peace and allow the parties
to plan activities and prepare budgets with some degree
of certainty. Provisions on deferred wage increases
were found in 37 percent of the agreements, escalator
clauses in 12 percent, and contract reopeners in 41
percent.

Where there is more than one shift, clauses often
provided a higher differential for the third than for the
second shift:
(137)

Employees who work on the second or third shift




. . . any employee employed in the unit, who is
assigned to a regularly established evening or night
shift as defined in Section 91 of said Salary Ordinance
shall receive a per hour bonus for each hour worked
during such shift as listed below:
a. For the following classes, a 30 cents per hour
bonus . . .
b. All other classes in this unit, a 25 cents per hour
bonus.

Agreements providing differentials were not found in
all government activities, since shift premiums are, of
course, limited to multishift activities such as those
carried out by hospitals, utilities, and police and fire
departments. Firefighters typically rotate from one
shift to another and the equivalent of a differential may
appear in their regular salary—hence the absence of
shift premiums in their contracts.

An institutional shift differential premium of ten
percent of the employee’s regular compensation rate
as defined herein shall be paid for all regularly
scheduled full shifts worked between the hours of 3:00
p.m. and 7:00 a.m.

(85)

Shift differential relative to health related facility
and infirmary employees and laboratory employees:
Those employees working an afternoon shift (3:00
p.m. to 11:00 p.m.) will be paid an additional V/i% of
their base rate. Those employees working a night shift
(11:00 p.m. to 7:00 a.m.) will receive an additional 7%
of their base rates.
County em ployees working other than the
scheduled daytime hours shall receive a shift differen­
tial as follows:
1. afternoon shift, 4:00 p.m. to 12:00 midnight, or
3:00 p.m. to 11:00 p.m., whichever is applica­
ble, 5% additional to hourly rate.
2. night shift, 12:00 midnight to 8:00 a.m., or from
11:00 p.m. to 7:00 a.m., whichever is applica­
ble, 10% additional to hourly rate.

43

Deferred wage increases. Deferred wage increases
provide one automatic wage adjustment or more during
the term of the agreement, usually effective on the
contract’s anniversary dates. A deferred increase can
be a flat-sum (cents-per-hour) addition to wages or a
percentage adjustment. The clause may specify that the
increase will be applied uniformly to all wage rates or
that it will be on a graduated scale, with the amount of
the increase varying according to the employee’s wage
rate, job classification, or other consideration.
Deferred wage increases in State and county con­
tracts were most often made on a percentage basis; this
arrangement maintained existing relative pay differen­
tials betw een workers in various occupations and
categories. Most provisions granted a uniform percen­
tage increase to all employees. However, the amount of
the increase was graduated in a few provisions:
(141)

(145)

Effective July 1, 1975
The following rates reflect a general increase of 4Vi
percent or $450.00, whichever is greater . . . .
Effective July 1, 1976
The following rates reflect a general increase of 4Vi
percent or $450.00, whichever is greater . . . .

Still other agreements provided for a flat cents-perhour increase, which tended to narrow relative pay
differentials:

6121/75

$4.51
4.51
4.47
4.46
4.36
4.36
4.34
4.33
4.30
4.23

$4.71
4.71
4.67
4.66
4.56
4.55
4.54
4.53
4.50
4.43

$4.76
4.76
4.72
4.71
4.61
4.61
4.59
4.58
4.55
4.48

4.17

4.37

4.42

4.14
4.07

4.34
4.27

4.39
4.32

A cost-of-living allowance will be determined in
accordance with changes in the Consumer Price
Index (all cities) published by the Bureau of La­
bor Statistics, U .S. Department of Labor (19571959=100) and hereinafter referred to as the BLS
Consumer Price Index, as revised 1967 = 100 base.
Beginning with the Index for July 1974, as basic,
the rates will be adjusted up or down as shown by
the Index each three months (January, April,
July and October). The amount of cost-of-living
allowance that shall be effective for any quarterly
period shall be determined in accordance with the
following table, allowing one cent (.010) adjustment
for each 0.4 change in the Index.
BLS-CPI
122.9
123.7
124.1
124.5
124.9

44

-

Cost-of-Living Allowance

123.6
124.0
124.4
124.8
125.2

.010
.020
.030
.040
.050

130.9 - 131.2

Effective July 1, 1974, 150 per hour increase will be
added to the above rates, which includes all em­
ployees other than office and supervisory.
Effective July 1, 1975, 150 per hour increase will be
added to the rate of all employees other than office and
supervisory.




1/4175

Escalator clauses. An escalator clause automatically
links wage changes to changes in the consumer price
index (CPI). It is designed to protect the purchasing
power of wages during the term of the agreement.
Cost-of-living adjustments, which are made quarter­
ly, semiannually, or annually, could be based on an
index prepared for all U.S. cities or one for a spe­
cific metropolitan area. Most provisions adjusted wage
rates through a formula which provided an additional
cents-per-hour payment related to a given rise in the
index, usually 1 cent per hour for each 0.5, 0.4, or
0.3 rise in the CPI. Maximums or “ caps” could be
placed on the total amount of one or several adjust­
ments. Some clauses stipulated that the escalator in­
crease would be used in computing overtime, holiday,
vacation, and other payments. Agreements might also
state that any changes in the method of determining
the index or revisions of published figures would
have no effect on the negotiated formula or adjust­
ments that had been made:

Among deferred wage provisions were those which
established a cents-per-hour floor for percentage in­
creases. The floor assured lower paid employees a
minimum increase:

(143)

HI 174

Mechanic........................ .
Survey Crew................. .
Alternate Operator....... .
Crane Operator.............
Bulldozer........................ .
Tractor Trailer..............
Crew Leader.................
Grader Operator...........
Semi-truck.....................
Heavy Truck................. .
Light Truck & Equip­
ment ............................
Alternate Operator
Trainee......................
Laborer...........................

Effective January 4, 1975, all salaries from the
minimum through the fifth step in the steps of the
1973-74 wage schedule shall be increased 6 V percent.
2
Effective January 1, 1976, all salaries from the
minimum through the fifth step in the steps of the 1975
wage schedule shall be increased 6 percent.
All employees in the wage schedule who are above
step 5, and all employees not in the step system, shall
receive an 8 percent increase in yearly salary effective
January 4,1975. Said employees shall receive an addi­
tional 7 percent increase in yearly salary effective
January 1, 1976.

(23)

Effective Dates o f Below Rates:
Job Classifications:

Effective December 1, 1973, a 4.5% general in­
crease shall be applied to each step within the salary
range for the represented classes.
Effective December 1, 1974, a 4.5% general in­
crease shall be applied to each step within the salary
range for the represented classes.
Effective December 1, 1975, a 2.5% general in­
crease shall be applied to each step within the salary
range for the represented classes.

(142)

(144)

.200

The change in rates will become effective at the
beginning of the first pay period following receipt of
official report of the Consumer Price Index by the
U.S. Department of Labor.
The amount of any cost-of-living allowance in effect
shall be included in computing overtime in premium,
vacation and holiday pay.
No adjustments, retroactive or otherwise, shall be
made due to any revision which may later be made in
the published figures for the BLS Consumer Price
Index for any base month.
(36)

(147)

(148)

(141)

Cost-of-living -1974. If the New York - Northeast­
ern New Jersey Consumer Price Index issued by the
U.S. Department of Labor, Bureau of Labor Statistics
during December 1973 has increased over the corres­
ponding index of 133.3 for the previous year, the 1973
salary schedule will be increased by such percentage
as is determined by dividing the difference between
the respective indices by 133.3.

If before the termination of this agreement either
party wishes to reopen regular negotiations by means
other than special conference on “ wages and fringe
benefits” as defined below, the party wishing to
reopen shall give written notice of reopening to the
other party not less than 67 and not more than 97
consecutive calendar days immediately preceding
June 30. If such notice is given, the other party shall
enter into negotiations on “ wages and fringe
benefits” . . . “ Wages and fringe benefits” for the
purposes of reopening are: salary, sick leave, funeral
leave, necessity leave, military leave, leave for court
required service, life insurance, vacations, disability
income benefit, retirement, retirement service award,
early retirement, fee remission, hospital and surgical
insurance, dental insurance, and accident insurance.
Nothing in this entire agreement between the parties
shall prevent them from negotiating any other topic by
their mutual agreement to do so.

Employees under the jurisdiction of the Board of
County Road Commissioners shall have their cost-ofliving computed on the following basis:
1. The base index figure used for computing fu­
ture cost-of-living payments for the term of this
agreement shall be 138.0.
2. Cost-of-living payments shall be made on the
quarter based on the quarterly average rise of the
Consumer Price Index (Metropolitan Detroit Area).
Each 0.4 rise in the BLS Index shall be equal to one
cent. Any fractional rise after computing such pay­
ment shall be dropped.
3. The first quarter shall consist of December
1973, January 1974, and February 1974, and each
quarter thereafter for the term of this agreement.

(146)

Classification and wages, attached hereto and made
a part hereof, shall be the minimum in effect for the life
of this agreement. Wage increases throughout the de­
partment may be considered by special negotiations at
any time during the life of this agreement. The general
wage schedule, Appendix A, attached hereto, may be
altered by special negotiations at any time during the
life of this agreement upon 30 days notice from either
party.

(150)

If the method of computing the Index is changed the
parties shall apply the Index as presently calculated.

Reopener: During 1975 negotiations may take place
on wages and vacations to be effective after December
31, 1975. The union will present their proposals, if
any, for changes in wages and vacations not later
than September 1, 1975 and negotiations on such
proposals will begin during September 1975.

(149)

The cost of living increase, if applied, shall be in the
amount of one cent per hour for each five-tenths of
one percent increase in the Consumer Price Index
times 2,080 hours;
The cost of living increase shall be determined by
the percentage change between July 1974 and July
1975, in the Consumer Price Index, U.S. City Aver­
age, All Items (1967 = 100) issued by the U.S. Bureau
of Labor Statistics . . . .
At no time shall the amount of the cost of living
increase, if any, under this formula exceed IV2 percent
of the individual wage rate of any employee to whom it
shall apply;

Notwithstanding the provisions of Section 1 of this
article, the union may, as of December 5,1972, reopen
this agreement only as to union membership, rates of
pay, fringe benefits (shift differential, holidays, vaca­
tions, insurance and uniforms) and any future reopen­
ers during the remaining term of this agreement. Such
reopening must be made by written notice to the
Commission at least 60 calendar days, but not more
than 90 calendar days, prior to such date.

Reopening only for nonwage items was provided for
in a few agreements. The subjects of these reopeners
could range from general topics such as working condi­
tions to specific items such as negotiation of a pension
plan:
(151)




45

The union has bargaining rights for its members by
virtue of this memorandum on the following subjects:
A. Wages
B. Hours
C. Fringe Benefits
D. Working Conditions
Either party to this agreement shall have the right to
reopen negotiations as to Item D above at any time by
giving a 60 day written notice to the other party.
During the negotiations and until final agreement, all
provisions of this memorandum shall remain in full
force and effect.

(96)

Contract reopeners. Contract reopening provisions
permit the further negotiation of wages and specified
contractual matters at designated times during the con­
tract term. Reopeners give the parties more flexibility
than deferred increases since changing conditions may
be considered during negotiations.
Most reopeners in this study involved wages, but at
times they also included other contractual matters such
as vacations, holidays, shift differentials, and union
se cu rity . As a ru le, ag reem en t reo p en ers w ere
scheduled for given dates following notice by one party
to the other. A few allowed reopenings at any time
during the life of the contract:

Pension Reopening:
It is recognized that the hospital may consider dif­
ferent plans for employee pensions before the expira-

enter into collective negotiation agreements providing
for employee organization security of a type com­
monly known as “ agency shop” or in the event the
New York Court of Appeals removes the legal imped­
iments to such form of employee organization security
and in the event a substantially sized political subdivi­
sion of New York State enters into such an agreement,
then CSEA shall have the right, prior to June 1,1974 to
reopen contract negotiations with the State solely to
seek establishment of an agency shop provision per­
missible in accordance with law. All other provisions
of this agreement will remain in full force and effect
during the course of any such reopened contract
negotiations.

tion date of this agreement. Therefore, it is hereby
agreed that the hospital will provide adequate written
notice to Minnesota Nurses Association to represent
the professional nurses and to negotiate on their be­
half before any formal action by the hospital establish­
ing the terms of the pension affecting the professional
nurses. Upon receipt of such notice, this agreement
shall be reopened for the sole purpose of negotiating
the terms and conditions of a pension for the profes­
sional nurse.
(152)

In the event that legislation is enacted which per­
mits public employers and employee organizations to

Table 23. Selected wage provisions in State and county collective bargaining
agreements by level of government, 1972-73
Level of government
All agreements
Provision

State

County

Agreements Workers Agreements Workers Agreements Workers
T o ta l................................................

318

340,447

106

151,257

212

189,190

Wage surveys...............................................
Longevity pay...............................................
Work clothing and uniform allowances ....
Safety equipm ent........................................
Automobile a llo w a n c e s ..............................
Sh ift d iffe r e n tia ls ......................................
Deferred wage in c re a s e s ...........................
Escalator c la u s e s ........................................
Contract reopeners.....................................

45
90
130
70
69
130
118
39
129

59,497
82,646
177,531
99,140
108,587
169,383
108,920
30,067
183,326

3
12
53
37
16
28
26
6
52

1,918
8,539
75,868
51,584
23,512
32,603
36,471
3,451
93,267

42
78
77
33
53
102
92
33
77

57,579
74,107
101,663
47,556
85,075
136,780
72,449
26,616
90,059

NOTE: Nonadditive. An agreement may contain more than
one of the provisions listed.

Table 24.
1972-73

Wage adjustments in State and county collective bargaining agreements by duration of agreement,

Wage adjustm ents
All agreements
Duration

Escalator
clauses

Deferred wage
increases

Agreements
Total ................................................
Less than 12 m onths..................................
12 m onths....................................................
13-23 m onths...............................................
24 m onths....................................................
25-35 m onths...............................................
36 m onths....................................................
More than 36 m o n th s .................................
Not s p e c ifie d ...............................................

Workers

Agreements

Workers

318

340,447

118

108,920

8
96
37
101
15
52
4
5

10,213
82,554
53,799
117,877
17,762
46,215
2,925
9,102

____

____

11
24
46
9
27

4,935
36,948
40,904
9,488
10,533

—

NOTE: Nonadditive. An agreement may contain more than
one of the provisions listed.




—

1

46

6,112

Contract
reopeners

Agreements

Workers

Agreements

Workers

39

30,067

129

183,326

___

___

2
23
14
52
8
24
4
2

2,050
20,944
27,178
70,597
14,120
39,242
2,925
6,270

2
4
16
6
10
—

155
1,361
12,106
7,123
3,210
—

1

6,112

Chapter 6.

Leave

Vacations

year) shall be granted, accumulating at the rate of Wx
working days per each full month of employment to
employees serving one to 5 years. Employees with 5
to 15 years of service shall be entitled to annual leave
with full pay (18 working days per year) accumulating
at the rate of iVi working days per each full month of
employment. Employees with 15 or more years of
service shall be entitled to annual leave with full pay
(21 working days per year) accumulating at the rate of
1-3/4 working days per each full month of employ­
ment. Such leave must be taken within each twelve
months unless unavoidable conditions arise making it
impossible. Such leave as is not used shall accumu­
late, except that such accumulation shall not exceed
30 days. Employees must complete six calendar
months of continuous employment to be entitled to
annual leave.

Nearly four-fifths of the contracts studied contained
provisions granting vacations to State and county em­
ployees, and two-thirds of these set forth the maximum
length of vacation permitted (table 25). As a rule, the
amount of vacation time was graduated relative to the
w orker’s length of service, most commonly providing
maximum annual leave of 4 weeks. In some instances,
the graduated plan contained a ratio-to-work feature;
that is, the rate at which a vacation could be earned was
set by years of service while the actual vacation time
accumulated during the year would depend upon the
number of months worked:
(153)

Permanent employees with more than 1 year, but
less than 3 years continuous service for the County
shall be entitled to 1 week of 40 hours of vacation with
pay.
Permanent employees with more than 3 years, but
less than 8 years continuous service for the County
shall be entitled to 2 weeks or a total of 80 hours
vacation with pay.
Permanent employees with more than 8 years, but
less than 15 years continuous service for the County
shall be entitled to 3 weeks or a total of 120 hours of
vacation with pay.
Permanent employees with over 15 years continu­
ous service for the County shall be entitled to 4 weeks
or a total of 160 hours of vacation with pay.
Permanent employees with over 20 years continu­
ous service for the County shall be entitled to 5 weeks
or a total of 200 hours vacation with pay.
Permanent employees with 25 years of service for
the County shall be entitled to 6 weeks or a total of 240
hours of vacation with pay.

(154)

Employees shall earn leave credits as of their date
of hire.
Leave shall be earned according to the following
schedule:

(156)

Leave Entitlements
Service
Per year Per month
Less than 1 year........................ 2 weeks 5/6 day
1 year to less than 15 years.... 3 weeks 1-1/4 days
15 years or more........................ 4 weeks 1-2/3 days

Beginning
I through 5 years of service - 104 hours annual vaca­
tion.
6 through 10 years of service - 104 hours annual vaca­
tion plus 8 hours vaca­
tion credit for each
three months of con­
tinuous service during
the calendar year with
a maximum of 136
hours.
II through 19 years of service -104 hours annual vaca­
tion plus 8 hours vaca­
tion credit for each
two months of con­
tinuous service during
the calendar year with
a maximum of 152
hours.
20 or more years of service —104 hours annual vaca­
tion plus 8 hours vaca­
tion credit for each
month of continuous
service during the
calendar year with a
maximum of 200 hours.

A substantial number of agreements gave no details
but instead referred to local ordinances or civil service
and personnel regulations:
(123)

(106)

In addition to this schedule, upon passage of ap­
propriate legislation employees shall be entitled to 25
days of vacation after 25 years or 300 months of ser­
vice.
(155)

Annual leave with full pay (15 working days per




47

Each employee shall earn vacation benefits as pre­
scribed in RCW 43.01.040 and RCW 43.01.043 as now
or hereafter amended, and the rules of the Personnel
Board promulgated thereunder.
Vacation leave shall be granted in accordance with
the pertinent rules and regulations of the Director of
Personnel and Standardization . . . .

In determining an employee’s eligibility for vacation
pay, as a general rule clauses instructed State and
county administrators to consider paid time away from
the job as time worked. On the other hand, a leave of
absence for a substantial period (for example, 30 days
or more) could result in a reduced vacation allowance:
(110)

(67)

yearly vacation entitlem ents as accrued, if no
emergency situation exists. In the event of recall
under these circumstances, he shall be paid at straight
time for vacation time lost, not in excess of his ac­
crued maximum yearly vacation entitlements, and in
addition, regular pay for the time worked. Payment
received for each such day worked shall extinguish a
day of accrued vacation.

. . . An employee on paid sick leave, jury duty, paid
military duty, time on paid vacation or full pay status
will be considered as time worked in determining va­
cation credits.

(161)

Where job demands resulted in a denial of leave, the
employee was permitted to carry forward vacation cre­
dits, subject to a limit on accumulation. In other cases,
vacation was considered waived where employees
failed to take it:

An employee’s paid vacation leave shall be adjusted
(or prorated) to reflect time spent on unpaid leave(s) of
absence totaling 30 days or more (i.e., for each 30 days
spent on unpaid leave of absence an employee shall
lose 1/12 of his regular paid vacation leave).

V acation pay was usually calculated using the
employee’s straight-time rate of pay. For those em­
ployees working shifts, the differential paid for shift
work could be included in the computation:
(125)

(157)

(162)

Vacation pay shall include shift differential pay for
employees who have been regularly assigned to even­
ing or night shift for a period of at least four months
prior to the time the vacation is taken. Employees so
assigned to evening or night shifts for only a portion of
their regular work week shall receive pro-rata inclu­
sion of shift premium in their vacation pay. Tempo­
rary assignments of such employees to the day shift
shall not affect their right to receive such shift differ­
ential as part of their vacation pay.

Agreements
Total with vacation pro­
visions ................................
Reference to vacation scheduling..
No reference to vacation sched­
uling................................................

If a holiday falls during an employee’s annual leave
period, such holiday shall not be charged against the
annual leave.
When a holiday falls within an employee’s vacation
period, one additional day’s vacation shall be granted.
If an employee becomes ill while on vacation, the time
of actual illness may be charged against accumulated
sick leave, subject to sick leave requirements.

(160)

Should any employee be called in during his vaca­
tion, he will not be required to report. If such em­
ployee elects to terminate his vacation and return to
work, he will be credited with the vacation time re­
maining on his scheduled vacation record, beginning
with the time he returns to work.

(163)

An employee who has accumulated the maximum
vacation leave of 50 days will be granted his maximum




252
195
57

Workers
266,657
198,483
68,174

Vacations generally could be taken by employees at
any time as long as the employer’s operation was not
impaired as a result. Should the workload or other
circumstances make it impossible for employees to take
leave when they desired, the parties were to try to find
another acceptable time. Agreements also permitted
the employer to limit the length of any vacation (in
effect causing an employee’s vacation to be split), to
restrict the number of employees on vacation at any one
time, and to govern the time periods during which vaca­
tions could be scheduled:

Should vacationing employees be called back to
work, they retained their vacation credit for later use or
they could receive vacation pay and pay for time
worked. This option, however, was not available to the
employee in some instances:
(81)

All employees shall be encouraged to make use of
earned vacation time in accordance with the provi­
sions of this agreement. In exceptional circum­
stances, the Countryside Home Administrator may
allow an employee to carry over his vacation into the
next ensuing year. Any employee who is given a
reasonable opportunity to take his earned vacation
and who does not do so, shall be deemed to have
waived said vacation and shall not be entitled to com­
pensation therefore. The use of vacation time in small
units shall be discouraged.

Seventy-seven percent of the agreements referring to
vacations contained provisions governing the choice of
time off:

If a holiday occurred during the employee’s vacation,
either the employee would not be charged for that day
as vacation or an additional day of vacation would be
added to the beginning or the end of the leave period:

(159)

The parties agree that when requested by the em­
ployee and authorized by the Department Head vaca­
tion time may be deferred for more than one year.
Provided, however, an employee’s maximum current
and deferred vacation accrual shall not exceed 40 days
at any time.

(33)

. . . Vacation pay shall be at an employee’s straight
time hourly rate in effect at the time of taking such
vacation.

(158)

A vacation may not be waived by an employee and
extra pay received for work during that period.

48

Vacation leave will be scheduled in accordance
with individual employee’s requests. In the event
workload or other similar circumstances result in a
conflict or for any other reason an adjustment is re­
quired, every effort will be made to approve an alter­
native date acceptable to both the Department Head
and the employee . . . .

(164)

(151)

there were provisions stipulating that additional holi­
days declared by public officials would be observed:

It is understood that the Sheriff may limit to two
weeks the length of vacation any employee takes at
one time; that he may limit the number of employees
on vacation at any one time; that he may designate
certain dates as periods during which no vacations
may be scheduled and that he may alter or change
vacation assignments when special circumstances
arise.

(2)

Full time employees shall be entitled to time off with
pay for the following holidays:
New Year’s Day
Martin Luther King’s Birthday
Lincoln’s Birthday
Washington’s Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran’s Day
Day before Christmas
Christmas Day
Day before New Year’s Day
All State and National General Election Days
The day appointed by the Governor or President
as Thanksgiving Day
The Employee’s Birthday

(29)

Subject to conditions hereinafter set forth, the Col­
lege agrees to pay its employees 8 hours pay at their
straight time rate exclusive of overtime premiums for
the following holidays: New Year’s Day, Memorial
Day, July 4, Labor Day, Thanksgiving and the day
following, Christmas Day and the day before or the
day following Christmas and New Year’s Days (to be
designated by the President) and Vi day in the after­
noon of Good Friday.

(165)

Holidays are defined as:
New Year’s Day
Washington and Lincoln’
Birthday
Memorial Day

Vacation will be taken in a period of consecutive
days. Vacations may be split into one or more weeks,
provided such scheduling will not interfere with oper­
ations.

When several employees applied to take time off at
the same time and only a few could be excused, selec­
tion was made on the basis of seniority:
(102)

(53)

The scheduling of vacation periods shall be subject
to the approval of the Department Director and in an
emergency, may be subject to change. In case of con­
flicting requests for a vacation period, preference
shall be given to the police officer with greater senior­
ity.
Vacation shall be granted only at such time as work
of the department will permit. Vacation schedules for
each department shall be arranged by May of each
year. If the nature of the work makes it necessary to
limit the number of employees on vacation at the same
time, or the time of the year when such vacation may
be taken, then employees with the greatest seniority,
within a classification, shall be given periods, with the
exception that in the Highway Division, employees
with the greatest seniority within a classification shall
be rotated each year. Said rotation plan to be submit­
ted by the union prior to March 15 each year.

Some contracts, on the other hand, left scheduling
completely under the employer’s control:

Independence Day
Labor Day

(117)

Christopher Columbus
Day
Veterans’ Day

Vacation time shall be taken only at a time fixed by
the Department Head under whom such employee
works.

Thanksgiving Day

Holidays

Christmas Day
Floating Holidays

More than three-fifths of the contracts in the study
contained paid holiday provisions (table 26). However,
this proportion understates the prevalence of paid holi­
days since holidays for government employees can be
legislated or determined administratively.
Of the 199 agreements which had holiday provisions,
over three-quarters provided for 9 or more paid holi­
days. These included traditional holidays such as
Christmas and Independence Day and also reflected
recent trends in holiday clauses negotiated in private
contracts. Thus, agreements provided half-holidays,
like Good Friday, and longer weekends by allowing
additional time off on the day before or after a holiday.
State and county agreements also contained flexible
holidays, either the employee’s birthday or a floating
personal holiday, which permitted the unit to stay open
while the individual employee had time off. Finally,



January 1
The third Monday in
February
The last Monday in
May
July 4
The first Monday in
September
The second Monday in
October
The fourth Monday in
October
The fourth Thursday in
November
December 25
Two days each year

Every employee . . . shall be eligible for “floating
holidays” on the following basis:
(1) One-half day after full-time employment for at
least 2 months but less than 6 months.
(2) One day after full-time employment for at least 6
months but less than 12 months.
(3) Two days after full-time employment for one
year or more.
. . . Floating holidays shall be taken during the
calendar year earned at a time mutually agreeable to
the employee and his department head.
(159)

49

Employees shall be entitled to the following holi­
days with pay: The first day of January; . . . and
every day appointed by the President of the United
States or the Governor of the State of California for a
public fast, thanksgiving or holiday . . .
December 24 and December 31 shall be observed as
half day (4 hours) holidays if those dates fall on Mon­
day, Tuesday, Wednesday, Thursday or Friday and

providing that those days are not deemed holidays in
accordance with the section above.
(20)

(1) The employee must be in active employment
when the holiday occurs, that is to say, he is currently
working or has worked at some time during the seven
(7) calendar days immediately preceding or im­
mediately following the holiday, unless on sick leave.
(2) The employee performed the required work on
his last scheduled shift for him prior to the holiday and
the first scheduled shift for him after the holiday.
(3) If the employee was scheduled to work on the
holiday and refused to do so, no payment will be made
for the holiday.

. . . Employees shall receive as an additional holi­
day or holidays for any special days or days declared
by the President of the United States, the Governor of
the State of New York, or the Executive of the County
of Suffolk to be a non-working day for the majority of
other county employees. Employees shall celebrate
and receive holiday benefits for these additional holi­
days in the same manner as other holidays specifically
named herein.

Premium pay for work performed on holidays was
provided for in 65 percent of the agreements with holi­
day provisions. Holiday premium pay provisions were
most common in contracts covering blue-collar em­
ployees and in those activities involving continuous
operations:

Although election days were included as holidays in a
majority of the agreements, for the purposes of this
study they were not counted since elections are not
annual occurrences as are the other holidays.
Should a scheduled holiday fall on a weekend,
agreements generally provided that the preceding Fri­
day would be observed for holidays falling on Saturday
and the following Monday for those falling on Sunday.
Provision could also be made for substituting days off
where a holiday occurred on an employee’s scheduled
day off:
(166)

(62)

Agreements
All agreements............... .......
With paid holiday pro­
visions ....................................
Premium pay for work on
holidays...........................................
No reference to premium
pay........................................... ........
No reference to paid
holidays...........................................

Monday shall be recognized as a holiday for all
holidays occurring on a Sunday and Friday for all
holidays occurring on a Saturday for those employees
on a normal Monday through Friday work week. For
other than these employees, the holiday shall be
deemed to fall on the day on which the holiday occurs.

(39)

Whenever one of these holidays falls on Saturday,
the preceding Friday will be observed. When the holi­
day falls on Sunday, the following Monday will be
observed.
When the designated holiday occurs on a scheduled
day off in the employee’s workweek, the employee
will receive an additional day off with pay, the time to
be arranged with his supervisor who will make an
effort to grant the additional day off as near as practi­
cal to the designated holiday.

340,477

199

228,579

129

128,035

70

100,544

119

111,868

(127)

Time and one-half the regular straight time rate will
be paid for all time worked on a designated holiday in
addition to holiday pay.

(167)

. . . Employees required to work on a holiday will
be paid for that time at time and one-half their regu­
lar rate in addition to the holiday pay or be given
compensatory time off at time and one-half within the
pay period following the holiday, such compensatory
time off date to be mutually agreed upon by the em­
ployee and supervisor.

(168)

If an employee is absent on the working day im­
mediately preceding or immediately following the
holiday he will not be paid for the holiday unless his
absence is excused. However, if an employee is laid
off for the period between the end of fall term and the
beginning of winter term because of lack of work, he
will receive the same holiday pay given to the rest of
the employees.
If an employee terminates his employment he will
not receive pay for holidays occurring after the last
day worked even though the holidays may fall within
the period of his projected terminal vacation leave.

All nurses required to work on a holiday shall be
paid at double their regular rate, or shall receive their
regular rate plus a compensatory day off with regular
pay within a thirty-day period.

Other payments for time not worked
Reporting pay. Forty-four agreements provided for
payments to employees who reported for work as
scheduled only to find that no work was available (table
27). Reporting pay provisions serve to penalize man­
agement for not properly planning work or not giving
workers adequate notice that their services would not

To be eligible for a holiday, the following qualifica­
tions must be met:




318

Holiday premium rates could be expressed as the
total rate achieved by combining into one scale the
holiday pay and the pay for the day worked at straight
time or overtime. In most instances, however, the pre­
mium rate was expressed as an amount paid in addition
to holiday pay. Payments could be in cash or in com­
pensatory time:

Clauses invariably specified eligibility requirements
for holiday pay. Most commonly, to receive holiday
pay employees had to work both the day before and the
day after the holiday, unless excused. The employee
had to be currently employed, not retired or on leave of
absence, and had to work on the holiday if scheduled to
do so:
(3)

Workers

50

usually guaranteed 3 or 4 hours, generally at a premium
rate:

be required, and to compensate workers who, through
no fault of their own, lose a day’s work.
Reporting pay clauses generally provided a guarantee
of a specified number of hours of work or pay for those
reporting to work:
(67)

(169)

(170)

(124)

An employee who is scheduled for work and reports
to work, and there is not work available for him, may
be excused from duty but shall be paid at his regular
rate for the shift of work scheduled.

The report pay requirement could be waived if no
work was available because of an act of God, if the
employer sent advance notice but the employee could
not be reached, or if the employee refused alternative
work offered. Should the employee actually start work
before being excused, the guarantee might be extended
to a full shift’s pay. In one instance, the obligation to
pay could be waived by giving the employee notice,
early in the shift, that work would be curtailed:
(94)

(105)

An employee reporting for emergency duty at the
employer’s request for work which he had not been
notified in advance and which is outside of and not
continuous with his regular work period, shall be
guaranteed at least three hours pay at the rate of time
and one-half . . . .

In one instance, limited to emergency duty, em­
ployees were granted travel time in addition to a guaran­
teed minimum time at a premium rate:
(115)

An employee who reports for work at the start of his
regularly scheduled shift and is sent home because
there is no work available for him shall receive four
hours of pay for so reporting at the rate he would have
received on his own job. If such employee is put to
work he shall be guaranteed a minimum of four hours
of work or four hours of pay in lieu thereof. This
reporting pay provision shall not apply when the em­
ployee was advised in advance that there would be no
work, was not reasonably available to receive such
notice, has no telephone, or when offered work for
such four hour period refuses to perform the same.

If an employee is called back for emergency duty
after the close of his regular shift, this emergency duty
not being a continuance of his shift and not following
immediately after the close of the shift, such employee
will be paid for a minimum of two hours of work at the
overtime rate. Employees called for such work will be
paid for time to reach the University and for time to
return home in addition to the two hours minimum
overtime with no more than a maximum of one hour
travel time each way.

As with reporting pay clauses, call-in/call-back pay
provisions were most numerous in agreements for
blue-collar employees.
Rest periods. Paid rest periods were provided for in
more than one-third of the agreements. However, the
practice is probably more widespread than this figure
indicates. Rest period provisions generally permitted
10- or 15- minute breaks, twice a day, and were de­
signed to provide scheduled periods of relaxation away
from the strains of the job. The time allowed could not
be used to shorten the work shift nor could it be post­
poned or accumulated except by specific authorization.
Management, in addition, could reserve the right to
schedule rest periods and could also require that qual­
ified relief personnel be available for employees on
break:

An employee who is scheduled for work and reports
to work will be paid for a minimum of four hours on his
scheduled shift whichever is lesser. However, unless
an employee is notified during the first two hours of
his work period that his shift is being curtailed, he will
be paid for the remainder of his scheduled shift. This
obligation to pay will not apply when interruptions of
work caused by an act of God. Nothing herein con­
tained is intended to deny the employer the right to
require the employee to work during the period for
which he is being paid.

Call-in/call-back pay. More than half the contracts in
the study, covering over three-fifths of the employees
involved, guaranteed a minimum number of hours of
pay when employees were called back to work out­
side of regularly scheduled work periods (table 27).
Clauses only applied to time worked which was not
continuous with the employee’s normal hours of work.
The minimum hours requirement insured those em­
ployees called back that they would receive at least
the specified amount of work, or pay in lieu thereof,
in situations where little or no work actually de­
veloped during the call-back period. The agreement




Employees called in to work in the Maintenance
Department outside their regular shift shall be guaran­
teed four hours pay based on their regular rate at time
and one-half.

(62)

An employee who reports to work on a regularly
scheduled work day without previous notice not to
report shall receive a minimum of four hours’ work (or
four hours’ pay in lieu thereof) at his applicable hourly
rate.

An employee reporting for duty at the employer’s
request for work which is outside of and not continu­
ous with the employee’s scheduled work period, shall
be guaranteed three hours’ pay at the rate of time and
one-half.

(171)

(172)

51

All employees in the bargaining unit shall receive a
fifteen minute rest period every four hours working
time to be taken insofar as practicable in the middle of
such working period.
All employees shall receive one fifteen minute rest
period during each one-half shift except that those
employees in positions which require the uninter­
rupted presence of an employee shall receive such rest
period only when qualified relief is available and prac­
ticable. The employer retains the right to schedule
employees’ rest periods to fulfill the operational needs

ticipation as jurors or witnesses (table 27). Of the total,
76 contracts provided for jury-duty pay, 6 for courtwitness pay, and 58 for both. One additional agreement
made reference to a local regulation covering jury duty.
Selection for jury duty is usually made from voter
registration lists and is considered a civic duty. The call
as a court witness, on the other hand, may result from
actions taken as a government employee. Agreements
providing for jury-duty pay generally compensated em­
ployees for the difference between pay received as a
juror and the amount they would receive if working full
time. This could be achieved by paying the employee
the cash difference or by paying the normal salary and
requiring the employee to turn over any jury service
fees to the employer. Payments for costs of travel,
meals, and lodging could be retained by the employee:

of the various work units. Rest periods may not be
postponed or accumulated—if an employee does not
receive a rest period because of operational require­
ments, such rest period may not be taken during a
subsequent work period.
(138)

Coffee breaks and/or rest periods shall be allowed
to continue but said coffee breaks and/or rest periods
shall not exceed two per day and no period shall
exceed ten minutes duration. The Department Head
shall schedule coffee breaks and/or rest periods for all
employees.

Wash-up/clean-up time. Clauses setting aside time for
washing up were present in 43 of the agreements studied
(table 27), and were most often found among those
involving blue-collar occupations. Paid time could
apply to personal clean-up only, to cleaning of tools, or
to both. Most provisions allowed employees a reasona­
ble amount of time to wash prior to the meal period and
at the end of the shift. Time limits could be placed on
such paid activity, and, in some instances, the employer
determined those employees entitled to use the time.
One provision stated that should clean-up time extend
into a meal period or beyond the end of the shift, it
would be counted as time worked and accordingly paid
for at the employee’s overtime rate:
(105)

(35)

(90)

(169)

(21)

(58)

Employees shall be granted a reasonable personal
clean-up period, not to exceed fifteen minutes, either
immediately prior to the end of the day, or if the em­
ployee is held over beyond the regular work day,
immediately prior to the end of such “ hold-over”
period, whichever occurs later.

. . . Expenses reimbursed by the court for travel,
meals, room, hire, etc. shall be retained by the person
and shall not be considered part of the jury fees . . . .

Under a few provisions, employees could choose to
use their vacation or overtime credits while on jury
duty, thereby in effect receiving additional compensa­
tion:

Employees shall receive reasonable and adequate
wash-up time immediately prior to their meal break
and immediately prior to the end of the shift. The em­
ployer shall determine those positions which shall
qualify for wash-up time.

(65)

Employees shall be allowed a reasonable amount of
time without loss of pay prior to any meal period and
prior to the completion of their work day to clean
them selves and their equipment. Clean-up time
extending into a meal period or past the end of the
work day shall be counted as time worked and the em­
ployee shall be compensated for such time at the
overtime rate . . . .

An employee serving on a jury shall remain on the
payroll and receive the difference between his regular
normal pay and the amount he receives for jury ser­
vice, or he may elect to use accumulated vacation,
holidays, and overtime credits which may be due him
and in which case he shall receive his pay for jury
service plus full pay.

Agreements providing for witness pay might stipulate
that court appearances had to be job related and made
pursuant to a subpoena. This requirement applied to all
government workers called to testify concerning some
aspect of their employment or department business, but
especially to police:

Jury-duty and court-witness pay. In the present study,
44 percent of the agreements, accounting for 57 percent
of the employees, included provisions for protecting
employees against loss of income while appearing in
court as a juror or witness, and encouraging their par­




On proof of necessity of jury service, an employee
shall be granted leave with pay without charge to leave
credits, provided that he shall have agreed in writing
prior to and as a condition of the granting of such leave
to deliver to his appointing authority for transmittal to
the Comptroller for deposit in the general fund of the
State fees paid him for jury service. Leave with pay
for jury service shall mean leave at the rate of pay the
employee would have received had he not been on
such leave.

(173)

Whenever the job being performed or the material
or equipment being used has caused an employee to
become dirty, the em ployee shall be allowed a
reasonable amount of time without loss of pay prior to
any meal period or prior to the completion of their
work day to clean themselves. Cleamup time for
equipment shall be considered as part of the em­
ployee’s work day.

Each regular or part-time employee will receive
leave for jury duty. An employee on such leave will
be paid the difference between the pay actually re­
ceived for such attendance, and the pay the employee
would have received if not on such leave. A part-time
employee will receive a proportionate benefit under
this paragraph.

(174)

52

Any employee called or who is served with a sum­
mons or subpoena as a witness for official business
concerning the Department of Correction will be paid
full pay while serving as such witness.

(175)

(170)

(40)

Voting time. Eight agreements granted time off with
pay to vote or to register to vote. As a rule, these
matters are dealt with by statute or executive order, and
election day, as noted previously, is observed as a
holiday in many jurisdictions. As spelled out in a few
agreements, considerations in scheduling time off in­
clude the location of the polling place, necessary travel
time, the hours the polls were open, and the employee’s
work schedule. Advance applications for paid voting
time might be required:
(134)

(176)

All employees, except part-time and temporary
employees, shall earn paid sick leave credit at the rate
of one and one-quarter work days for each completed
calendar month of service.
Unused sick leave credit may be accumulated to a
maximum of 90 work days.

Most provisions established rules designed to pre­
vent abuses of sick leave, including requirements to
report illnesses and to provide medical certification:
(177)

Subject to the operating needs of the Suffolk
County Jail; as determined by the Sheriff, leave of
absence without loss of pay will be permitted for the
following reasons . . .
(h) Voting time up to a maximum of 2 hours for
voting in a state, municipal or other election, provided
that the hour of opening and closing the polls in the
city or town in which an employee is registered to vote
would preclude him from voting outside regular work­
ing hours, taking into consideration travel time from
the polls to his regular place of employment, or vice
versa . . . .

. . . Whenever possible, employees must submit
their request for sick leave in advance of the absence.
When an employee cannot obtain advance approval of
his absence, it shall be his responsibility to notify his
work station by telephone or other means as soon as
possible after his normal reporting time. Supervisors
shall be required to answer requests for sick leave
promptly. Employees utilizing leave under this sec­
tion shall furnish a statement from a medical prac­
titioner upon the request of the employer for absences
in excess of three work days, or when the employer
has reasonable reason to believe that an employee has
abused or is abusing sick leave.

(160)

The County agrees to allow each employee, who is a
registered voter, a reasonable amount of time off, with
pay, to vote in each local and general election. Voting
time will be scheduled in such a fashion as to not
interfere with normal work production. The location
of the employee’s precinct and the employee’s work
schedule shall be considered in scheduling time off.
Scheduling of such voting time may be posted as early
as ten working days prior to the election.

When an officer or employee is absent on sick leave
for seven consecutive days, the department head may
require him to furnish a certificate from the doctor
attending him certifying to the nature of his illness,
that he may return to work and perform his normal
duties and that he will not jeopardize the health or
safety of the other employees. Upon his failure to
furnish such certificate, when requested, he shall be
listed as absent without pay for the period
involved . . . .

While these requirements served to discourage abuse
of sick leave, almost one-third of the provisions con­
tained positive incentives not to use sick leave unneces­
sarily by granting conversion rights. These allowed the
exchange of unused days for other leave or pay. Con­
version generally occurred when employment was ter­
minated or the employee retired. Other agreements
provided for cash payments to employees as a specified
proportion of total accrued sick leave. Clauses, in addi­
tion, might provide that payments would be made to the
employee’s estate in case of death:

Sick leave. Eighty-four percent of the agreements in the
study, covering 87 percent of the employees, provided
for leave with pay for nonoccupational illness or injury
(table 27). Clauses commonly set forth the number of
leave days that employees earned per month or pay
period, and established limits on the amount of leave
that could be accrued:




All employees of the . . . Highway Department will
be allowed one day of sick leave for each work month
of 128 hours or more. No employee shall Jbe denied the
accumulation of a day of sick leave because he failed
to accumulate the minimum number of hours due sol­
ely to his having been injured on the job; or having
exercised accumulated sick leave or accumulated va­
cation time. Sick leave shall be accumulated up to 120
days at the aforedescribed rate . . .

(13)

An employee who loses time from work during his
normal schedule of work because of jury duty service
or to testify pursuant to a subpoena shall be paid for
such time lost at his hourly rate. Jury duty and witness
fees shall be offset against such pay. Except as other­
wise provided in this agreement, such jury duty and
witness service shall be considered time worked. The
employee shall furnish the Employee Relations Office
a written statement from the court showing the days
and the amount of jury duty or witness fees he was
eligible to receive for each day. An employee tem­
porarily excused from attendance at court shall report
for work during the excused period.

Employees with less than a full year’s service as of
January 1 of any year accrue sick leave at the rate of
one working day for each month of service. Em­
ployees with one year or more of continuous service
as of January 1 of any year are eligible for up to twelve
working days of sick leave on January 1 of each year.
Such paid sick leave . . . may be used for absences
due to illness and for non-emergency medical and
dental care.

( I ll)

The County Engineer shall grant full pay when an
employee is subpoenaed for any court or jury duty by
the United States, the State of Ohio, or a political
subdivision. All compensation received for court or
jury duty shall be remitted by the employee to the
Treasurer of the State of Ohio, unless such duty is
performed outside of normal working hours.

53

(145)

Employees leaving the Macomb County Road
Commission shall receive all pay which may be due
them plus accrued vacation credit. In addition:
An employee who leaves employment because of
retirement shall be paid for fifty percent of his ac­
cumulated and unused sick leave at employee’s then
current rate of pay. In case of death, payment upon
the same basis shall be made to the deceased
employee’s estate.
An employee leaving county service after five years
of continuous employment shall receive payment rep­
resenting twenty-five percent of his accumulated and
unused sick leave, com puted on the basis of
employee’s salary at termination of employment.
An employee leaving county service after ten years
of continuous service who is not eligible for retire­
ment, shall receive payment representing fifty percent
of his accumulated and unused sick leave, computed
on the basis of employee’s salary at termination of
employment.

(178)

(179)

(180)

Leave with pay up to the number of duty hours
equal to the normal duty week . . . shall be granted by
the department head in case of the death of a mother,
father, spouse, sister, brother, son, or daughter. Be­
reavement leave in case of death of other persons may
be granted only upon approval of the County Adminis­
trator. Bereavement leave shall be charged against
accumulated sick leave.

(6)

Employees shall be compensated in cash for one
hundred percent of any accumulated unused sick
leave when they are permanently separated from
employment. In the event of death, payment is to be
made to the estate of the employee.
The amount of payment for all unused sick leave is
to be calculated at the employee’s rate of pay in effect
on the payday immediately preceding the employee’s
separation.

In the event of the death of an employee’s spouse,
or the son, daughter, parent, grandparent, brother,
sister (or the spouse of any of them), of either the
employee or his spouse, or of any other related person
living in the employee’s household, an employee who
attends the funeral shall be granted time off work with
pay (maximum of eight hours a day at his hourly rate
plus shift premium, if applicable). The amount of time
off work with pay shall be only that which is required
to attend the funeral and make necessary funeral
arrangements, but in no event shall it exceed three
work days.

Employee shall be allowed to charge absences from
work in the event of death . . . in the employee’s im­
mediate family against accrued sick leave credits up to
a maximum of 15 days in any one calendar year.
For the purpose of defining eligibility for paid leave
because of . . . death in the family, the term “family”
shall be defined as the employee’s spouse, child, par­
ent, grandparent, brother, sister, parent-in-law,
brother-in-law, sister-in-law or relative living in the
employee’s household.
Requests for bereavement leave shall be subject to
approval of the appointing authority; such approval
shall not be unreasonably denied.

An employee will be paid fifty percent of his ac­
cumulated sick leave upon retirement, or in case of
death to employee’s beneficiary.

(143)

Funeral leave. Funeral leave was granted to employees
in 63 percent of the contracts (table 27). Almost threequarters of these specifically applied to paid funeral
leave while the remainder allowed employees to use
other accumulated leave for such purposes. Paid fun­
eral leave was generally restricted to deaths in the
worker’s immediate family and limited to three days.
However, the length of leave could be longer or shorter
and the definition of “ immediate family’’ also varied:

Agreements might also provide for conversion to
other benefits, such as additional retirement service
credit or credit for the purchase of health and accident
insurance after retirement:
(152)

(65)

At retirement after completion of 20 years of service
or attainment of the mandatory retirement age an of­
ficer will be granted additional retirement service cre­
dit, on a day-for-day calendar day basis, equal to the
amount of accumulated unused sick leave, up to a
maximum of 165 days. No payment will be made for
such leave nor will the value of accumulated sick leave
be part of final average salary.

In some instances, evidence of death was required:
(118)

All employees covered by this agreement who actu­
ally retire from County service and apply (within 60
days of last day paid) for a retirement annuity from
the . . . Retirement Fund, which annuity must ex­
ceed $10 per month, shall have their sick leave credits
(at the time of their retirement) converted to a mone­
tary value (days of credit times normal daily rate of
pay received immediately prior to retirement) which
total shall be available to pay such hospital, surgical
and catastrophic insurance costs as may be charged
such employees and their dependents by the company
or companies carrying . . . Group Hospital, Surgical
and Catastrophic insurance. In the event that the re­
tired employee shall precede his spouse in death and
there remains at that time to his credit a balance, such
balance shall be used to purchase health and accident
insurance for the surviving spouse so long as the
spouse is alive and there remains a balance in the fund.




An employee covered under this agreement shall be
granted up to a maximum of four working days with
pay due to death in the family. Immediate family shall
include parents, spouse, children, brother, sister,
grandparents and grandchildren, persons occupying
the position of parent of the employee or spouse or
any relative who is an actual member of the
employee’s household. This absence must be re­
ported to the Department Supervisor on the first day
of absence.
Upon reasonable doubt, the department head or his
designee may request the employee to submit a notice
of death or other evidence attesting to the validity of
the absence.

Military service leave. Paid leave for short tours of
military duty was designed to insure a continued level of
income for employees attending summer training camp

54

or called up for emergency duty. Military pay arrange­
ments were provided in over one-fourth of the agree­
ments studied (table 27).5
The amount of pay varied. Some agreements pro­
vided for the continuation of full pay while on active
duty, and others made up the difference between the
employee’s military pay and regular salary. Also, the
method of payment could differ for emergency duty as
against training sessions. Employees applying for mili­
tary service leave could be required to provide the em­
ployer with a copy of orders to report, a military pay
voucher, or other proof of attendance. One provision
stated that any time off requested in addition to that
specified by military orders would be charged to leave
without pay, vacation, or compensatory time:
(181)

Every employee of the Road Department who is a
member of the . . . National Guard or of the regular
or reserve armed services of the United States shall be
granted leave of absence in order that the person may
take part in active military duty in such manner and at
such time as he may be ordered to active duty. Such
military leave of absence shall be in addition to any
vacation or sick leave the employee might otherwise
be entitled, and shall not involve any loss of privileges
or pay. During the period of military leave, the em­
ployee shall receive from the county his normal pay.

(167)

have permanent status and who are members of either
the national guard, state guard or any other reserve
component of the military forces of the United States
or the State of Wisconsin, now or hereafter organized
or constituted under federal and state law, paid leave
of absence which shall not exceed 15 work days in any
calendar year. Such leave shall be provided without
loss of time in service of the state to enable employees
to attend military schools and annual field training or
annual active duty for training and any other federal
tours of active duty which have been duly ordered and
held. Such paid leave shall not be granted to em­
ployees who are serving extended active duty or for
service as a member of the active armed services of
the United States, or for absences of less than three
consecutive days.
The actual number of work days granted an em­
ployee as military leave shall correspond to the
number of work days he or she is absent from his or
her work station. The period of authorized leave shall
be determined by the starting and ending dates of the
training period as determined by the pay voucher or
other payroll document received by the employee at
the conclusion of the training period. This document
shows the number of days and inclusive dates for
which military pay was received, including authorized
travel time, if applicable. Military orders include
ample travel time via the most rapid mode of transpor­
tation available and for which transportation or actual
reimbursement is made by the military, therefore ad­
ditional travel time required by the employee to ac­
commodate a different mode of travel elected by the
employee must be charged to leave without pay, vaca­
tion or compensatory time.

Employees who are affiliated with National Guard
units and who may be called for active duty by official
State or Federal declaration, under emergency condi­
tions, will continue to receive their regular salary or
wages for a period up to five working days of service,
with the provision that they remit to the University
their military pay for those days which would have
been their normal work days at the University. In
those instances where an employee’s military pay ex­
ceeds his University pay, only the amount equivalent
to the University pay for the days involved is to be
reimbursed to the U niversity. For periods of
emergency military service in excess of five days,
separate decision will be rendered for each individual
concerned.
Employees with ninety or more days of University
service, who are members of the National Guard or
Military Reserve units and required to attend annual
reserve training periods or encampment programs
shall receive make-up pay for a period not to exceed
fourteen consecutive calendar days in any one calen­
dar year. The make-up pay shall be the difference
between Government pay and the straight time base
hourly rate of the employee multiplied by eight hours
for each day of his normal work schedule. An em­
ployee must file a copy of his orders with the Person­
nel Department and will be placed on military leave of
absence without pay. In order to receive make-up pay
under this provision, each employee shall be respon­
sible for furnishing proof of attendance and a state­
ment of Government pay received.

(172)

Personal leave days. Paid personal leave provides em­
ployees with the opportunity, without sacrifice of sal­
ary or vacation time, to take care of business, family or
other matters that can only be dealt with during normal
working hours. Personal leave provisions were in­
cluded in approximately 16 percent of the agreements
(not including personal leave days provided under holi­
day clauses). (See table 27.) Time off was generally
limited to a total of 2 to 5 days per year, and could be
taken either in units of entire days or in smaller incre­
ments of 1 to 4 hours. Most provisions stipulated that
leave would not be cumulative. However, one ar­
rangement permitted the conversion of any unused per­
sonal leave into additional sick leave. Employees might
be required to request leave in advance, might not be
able to use personal leave for funerals and illness, and
might find such leave cancelled during emergencies:
(89)

Two days of personal leave shall be granted to each
employee during each calendar year.
Personal leave days shall not be cumulative.
A new employee shall be granted one day of per­
sonal leave on his first day of work and if this is during
the months of January through June, a second day
after six months of service. Thereafter, they shall be
granted in accordance with Section 1.

(156)

All County em ployees shall be credited with
twenty-four hours of personal leave each calendar

The employer agrees to provide employees who

5Since the Universal Military Training Act requires reinstatement
of employees who are drafted, or who enlist, for regular tours of duty,
leaves of absenc-e for such military duty are not included in this study.




55

year. Said personal leave credit is nonaccumulative.
Request for personal leave should be made at least
twenty-four hours in advance from either an im­
mediate supervisor or the Department Head. The De­
partment Head shall honor such request to the fullest
extent possible consistent with the effective conduct
of County business.
Personal leave credit shall be charged at the rate of
eight hours including lunch period for any personal
day used except during the months of July and August
when such personal leave credit will be charged at the
rate of seven hours per personal leave day used. No
personal leave credit charge can be less than two
hours.
(20)

(130)

Every employee shall be entitled to five days on
which he may absent himself from duty for the pur­
poses of taking care of and providing for his business
affairs, family affairs and other personal problems
which shall not, however, include absence for funer­
als or illness.
Personal leave days shall not be pro-rated for por­
tions of a year worked, but the full entitlement shall be
given to an employee who is employed at any time
during the calendar year, except for the first year of
employment, for which the employee shall be entitled
to one day for each fifth of a year or part thereof.
Unused personal leave days at the end of a calendar
year shall not be lost but shall become part of the
employee’s accumulated sick leave.
An employee selecting a personal leave day shall be
given preference over an employee selecting his com­
pensatory time.
The County shall not cancel personal leave days
except for public emergencies and the actual full
mobilization of the department unless an employee is
served with a subpoena at least two working tours
before the commencement of the tour of the leave day
or the time reporting, whichever is applicable. If per­
sonal leave is nevertheless cancelled, except as pro­
vided above, the employee shall not be charged for the
use of a personal leave day and shall receive recall pay
in accordance with Section 18 of the present agree­
ment.

Upon separation from service, after twenty years,
for any reason, other than cause, or upon the death in
service of any employee or upon retirement qualifying
for either ordinary or accidental disability under the
Retirement and Social Security Law of New York
State, such employee or his legal representative, shall
be entitled to cash payment for accumulated terminal
leave computed on an entitlement basis of four days
for each year of completed service. A member’s enti­
tlement to termination pay shall be pro-rated on a
portion of a completed year worked, pursuant to limi­
tation of Section 431 of the New York State Retire­
ment and Social Security Law. Year of completed
service shall only include time served as a member of
the Police Force of the County on a full pay status,
while on a military leave of absence pursuant to Sec­
tion 243 of the Military Law of New York State and
time actually credited toward retirement benefits for
service during World War II as provided in Ordinance
#298-1970.

Under two agreements, employees could choose re­
tirement leave or a cash payment:
(182)

Upon retirement, nurses shall have the following
option:
(1) A retirement leave may be taken under the
existing County plan, or
(2) The nurse may elect to receive payment in a
lump sum of retirement leave benefits, to which she is
entitled on her last day of work, not exceeding thirty
days of sick leave retirement allowance and twentyfive days of vacation leave.
Under this option the payment to such nurse of her
County pension and annuity benefits shall be post­
poned until the total number of retirement leave days
for which she has been paid have expired; provided,
however, that no nurse shall accrue additional bene­
fits during such period.
Such retirement payments shall be calculated at the
rate of pay in effect for such nurse on her last day of
work.

Unpaid leaves of absence
Terminal leave. Terminal leave clauses, found in only 8
agreements, generally granted employees paid leave
commensurate with their length of service at the time
they left government employment. Provisions could
make benefits available not only to retirees, but also to
employees who resigned and to dependents of those
who died. The amount of terminal leave was set forth,
and eligibility restricted to those with long service with
the State or county:
(81)

Leave fo r union business. Nearly one-third of the
agreements, covering two-fifths of the workers in the
study, granted unpaid leaves of absence for union busi­
ness (table 28). Employees elected or appointed to posi­
tions with the union were commonly allowed leaves for
1 year; however, provisions granted extensions or per­
mitted longer leave periods. A common stipulation lim­
ited leave to one person per work unit and established a
minimum length of service requirement for any em­
ployee seeking a union leave of absence:

In addition to regular vacations, when an employee
leaves county service during the course of the year for
reasons of retirement, resignation, or death, he shall
receive a vacation credit of one day for each complete
month worked during the year not to exceed ten days
for an employee with under ten years service, and not
to exceed eleven days for an employee with over ten
years service. This does not apply to an employee
with less than one year service nor an employee dis­
charged.




(183)

56

[The union] may have not more than one employee
in the unit on leave of absence to accept employment
with [the union]. These leaves are subject to Civil
Service Rule 17.
The employee must have a minimum of one year’s
continuous employment with the County. The re­
quested leave shall only be granted if the prime
reasons for the leave shall be to conduct [union] busi­

recognized college or university to take a course that
is allied to the duties of the employer. An employee
on leave pursuant to this paragraph shall not earn sick
leave, vacation or increment credits nor shall he be
entitled to hospitalization benefits. He will return to
work at the same grade and step as when he started his
leave.

ness as it is related to County functions. The leave
shall be without County pay or benefits of any kind. In
no case shall an individual employee’s leave extend
beyond a year. Except by mutual agreement, no more
than one employee shall be on such leave from any
given department.
(184)

Any employee elected or appointed as an employee
of the union shall be granted a leave of absence with­
out pay for a period not to exceed two years which
may be extended by agreement of the parties. Such
leaves shall not be granted in excess of one employee
for Union Local No. 1607.

(118)

(151)

One agreement continued an employee’s salary while
on leave, but required the union to reimburse the em­
ployer:
(6)

A permanent employee or employees nominated by
the union may be granted by the employer leave of
absence with full salary from their regular position for
the purpose of serving with the employee organization
subject to the conditions of this section. Each such
leave, its term and renewal, shall be subject to the
discretionary approval of the Director of Employee
Relations. The union shall periodically, as specified
by the Director of Employee Relations by the em­
ployer during such leave of absence together with the
cost of fringe benefits at the percentage of salary or
wages as determined by the Comptroller. The union
shall purchase an insurance policy in the form and
amount satisfactory to the Director of Employee Rela­
tions to protect the State in the event the State is held
liable for any damages or suffers any loss by reason of
any act or omission by such employee during the
period of such leave of absence with full salary.

Leaves up to one academic year without pay shall
be granted upon request to those persons who wish to
advance their professional growth through such
methods as industrial experience, travel, research,
consulting, etc. after approval by the president of the
college.

(89)

Any appointing authority with the advance ap­
proval of the Personnel Committee and the Depart­
ment Committee for his department, may grant a leave
without pay to an employee of the county for a period
not to exceed one year for the purpose of enrolling in a




An employee may apply for educational leave after
120 or more days of service with the County. He shall
be reinstated with full seniority at the completion of
his leave, provided:
1. He declares his intention at the time of applica­
tion to return to the County within nine months from
the start of his leave.
2. He reaffirms this intention in writing every
three months from the start of his leave.
3. He does so return to work at the County.
4. If educational leave is not granted, the reason
for the denial shall be furnished the employee in writ­
ing.
Such leave shall be without pay.

Maternity leave. Maternity leaves of absence were
found in two-fifths of the agreements studied (table 28),
most frequently in contracts involving social welfare,
education, and health and medical services, where
employment of women is high.
Clauses often required a minimum time in service for
eligibility as well as a statement from an attending
physician indicating the expected date of delivery so
that State or county administrators could set the date
leave had to start. The effective date for maternity leave
often varied. One agreement did not permit employees
to work past the third month of pregnancy without
written consent and in no case beyond the fifth month.
More commonly, maternity leave commenced in the
seventh month; however, leave could start at a later
date if approved by the employee’s physician. Agree­
ments could specify the maximum amount of leave,
including regular leave and any extensions, that would
be permitted. Failure to return to work on schedule
could result in termination of employment. Employees
on leave might be required to give advance notice of
their return to work and to furnish a certificate declaring
their ability to return. One agreement mentioned its
com pliance with Equal Em ploym ent O pportunity
Commission guidelines on maternity leave and also re­
quired that a request for an extension of leave to cover
birth-related complications had to set a return date so
that the employee’s substitute might be informed:

Education leave. Ninety-one agreements permitted
employees to take leaves of absence to further their
education (table 28). While the length of such leaves
varied, m ost allowed periods of one calendar or
academic year. One agreement, which provided for up
to two years of educational leave, made the second
year’s grant contingent upon successful completion of
the first year’s training.
Provisions could specify that the course of study had
to be work related, that advance approval had to be
secured and written reasons of denial given, that the
leave would not be disruptive to the work, that benefits
would not continue during the employee’s absence, and
that the employee had to register intent to return to
work:
(185)

Educational leave without pay for a period not to
exceed two consecutive years may be granted for the
purposes of obtaining additional educational training.
Such two-year consecutive educational leave shall
depend upon an employee’s successfully completing
the first year of educational training . . . .

(32)

57

Maternity leave, not to exceed twelve months, with
a doctor’s certification . . . may be renewed or ex­
tended for six months. No employee will be continued

abortions or premature births. Leave could be extended
to mothers adopting children, and some provisions
guaranteed that benefits would be the same as for other
leaves of absence without pay. However, the employee
might be allowed to use accumulated sick leave. One
agreement included a penalty for falsifying the date of
conception or the length of pregnancy to receive longer
leave than justified:

on the job beyond her third month of pregnancy with­
out the written consent of her personal physician and
the approval of the Medical Director and in no case
will such employee be allowed to work beyond the
fifth month of pregnancy.
(147)

(184)

Female employees with one year or more of senior­
ity may be granted a maternity leave of absence with­
out pay. Such leave shall normally be taken by the
employee beginning in the seventh month of preg­
nancy. However, an employee in a job classification
that does not involve vigorous physical activity may,
at the option of the Commission, be permitted to work
beyond the seventh month if she desires to do so and
presents a doctor’s statement that further employ­
ment is medically approved. The employee must give
the Commission at least two weeks’ advance notice of
the date she intends to return to work, and must return
to work within three months of the termination of the
pregnancy, provided, however, that for good and suf­
ficient cause the date of return may be extended by the
Commission to six months from the date of termina­
tion of the pregnancy. To return to work at any time
after a pregnancy, an employee must provide a
doctor’s statement that such employment is medically
approved.

(142)

(186)

Mandatory leave dates may be affected by a recent
United States Supreme Court ruling in which the court
struck down requirements by two school boards which
made maternity leave compulsory after the fourth and
fifth months of pregnancy respectively.6
As a ru le , m ate rn ity leave sta rte d w hen the
employee’s physician declared that the employee was
unable to continue work. Provisions might also specify
that the employee had to return to work within a stipu­
lated number of weeks following delivery; less fre­
quently, they might allow leave to continue until the
employee’s doctor certified that she was medically cap­
able of performing her normal duties. Employees were
generally required to give advance notice of maternity
leave, which included the expected date of delivery.
This notice requirement could be waived in the case of
64 14 U . S . 632.




58

Employees who become pregnant shall be granted a
maternity leave of absence during the period between
the date the employee’s doctor certifies that the em­
ployee is medically incapable of performing her nor­
mal duties and the date the employee’s doctor certifies
that she is medically capable of renewing normal
working duties.
Employees may be entitled to the use of accumu­
lated sick leave benefits during such maternity leave
only on the actual working days missed.
In order to be eligible for such maternity leave, the
employee must notify her department head at least
three months prior to her expected date of delivery of
her wish to take a maternity leave of absence. Abor­
tions or short term pregnancies shall be exempted
from the notice requirements in this paragraph . . .

(10)

Title 29, Chapter XIV, Part 1604 of the Code of
Federal Regulations requires that . . . County com­
ply with the guidelines on employment policies relat­
ing to pregnancy and childbirth which have been set
forth therein by the Equal Employment Opportunity
Commission. In accordance with these guidelines, the
County agrees to the following provisions:
(a) An employee shall be permitted to continue
working beyond the end of the seventh month of preg­
nancy, provided that a statement is furnished by her
physician certifying that the employee is physically
able to perform her regular job duties.
(b) An employee may request a leave of absence
without pay, as set forth in Paragraph 75. (d) to cover
disabilities relating to pregnancy, childbirth and re­
covery therefrom. The leave must be for a definite
period of time so that the substitute may know her
status. The employee must return at the close of her
leave or forfeit her position seniority.

Maternity leave shall be without pay and will be
granted upon the application of the employee in writ­
ing and shall begin when the employee is no longer
physically able to perform her job. Such application
shall include a statement from the employee’s physi­
cian indicating the expected date of delivery. Em­
ployees who fail to apply for maternity leave and fail
to report to work due to the delivery shall be termi­
nated. Maternity leave shall end and an employee
must return to work not later than sixty calendar days
following the date of delivery or the date on which the
employee is no longer pregnant unless a doctor has
certified in writing to the employer that the employee
is unable to return to work at that time for medical
reasons, and in that event she will be continued on
maternity leave for not longer than an additional sixty
calendar days. Employees on maternity leave shall
receive the same benefits an employee would receive
if she took a leave of absence without pay, as provided
for in this agreement.
This article shall apply to mothers adopting children
under the age of six.

Female employees shall be entitled to such neces­
sary leave prior to and following delivery as is recom­
mended by the employee’s physician without loss of
seniority; however, it is further agreed that due to the
nature of the work and the possibility of physical
injury to the pregnant employee, leave of absence for
pregnancy shall commence at the time indicated in
writing by a physician. The employee shall submit a
physician’s statement to the personnel office at the
end of the fifth month of pregnancy and from time to
time thereafter at the request of the employer. Said
statement must include the estimated delivery date
and a statement that the employee is able to perform
her full duties and responsibilities without restric­
tions. The employee must return to work in her same
classification within eight weeks after the week of
birth; however, the time for return to work shall be
extended by the em ployer upon receipt of a

end of the leave period. Employees could return early
with employer approval:

physician’s written recommendation. Should any em­
ployee deliberately and intentionally falsify the date of
conception or length of pregnancy in order to nullify
the effect of the above requirements, said employee
shall be suspended without pay for six months (the
limit on suspension in Article VI notwithstanding).

(107)

(188)

(187)

(125)

Written leave of absence, without pay, for periods
not in excess of six months in any year may be granted
by the employer to any full-time employee providing
said employee does not accept employment elsewhere
or become self-employed. The employee, to whom
written leave of absence has been granted, shall be
entitled, at the expiration of the time stated in such
leave, to be reinstated to the position in which he was
employed at the time the leave was granted.

(178)

Whenever a nurse shall become pregnant, she shall
furnish the Department with a certificate from her
physician stating the expected date on her delivery.
She will be permitted to continue to work provided her
physician certifies that she is able to continue working
and provided further that if the Superintendent shall
contend that the nurse is not able to continue working,
the matter shall be submitted for decision to an impar­
tial physician jointly selected by the Department and
the Association. If agreement cannot be reached upon
the selection, the physician shall be selected by the
Dean of the Harvard Medical School. The decision of
the physician shall be binding upon all parties. Mater­
nity leave will be granted for a period up to three
months after the termination of pregnancy, and the
nurse will be reinstated to her former position at the
expiration of said leave if she is physically qualified to
perform the duties of such position.

Leaves of absence up to three months without pay
may be granted in cases of need for those employees
who have acquired seniority under this agreement.
Leaves may be granted for such reasons as settlement
of an estate, serious illness of a member of the
employee’s family, temporary termination of the
employee’s work, or an extended trip but not for the
purpose of obtaining employment elsewhere. Leaves
of absence for like causes may be extended for addi­
tional three month periods, but the total leave time
shall not exceed one year.

(68)

Several contracts contained procedures for resolving
disputes concerning the start of maternity leave or re­
q u ests for leave e x ten sio n as c ertified by the
employee’s physician. Resolution of the dispute usually
involved submitting the issue to an impartial physician:

Leaves of absence for reasonable periods not to
exceed two years will be granted without loss of
seniority for good cause, and such leave may be ex­
tended for like cause.

A regular employee may be granted leave without
pay by the County Road Commission for any of the
following reasons:
(a) By reason of physical disability.
(b) Because of reasons sufficient in the opinion of
the County Board of Road Commissioners to warrant
such leave.
Leaves for any of the reasons stated above will not
be granted for more than six months but may be re­
viewed at the option of the Commission on written
application by the employee on leave.
An employee granted leave of absence hereunder
shall be restored to his position on the expiration of his
leave, or if approved by the Superintendent/Engineer
before the expiration thereof.

Female employees shall be entitled to a leave of
absence of not more than three months prior to and six
months following delivery subject to an extension for
medical reasons as verified by a statement from the
employee’s physician. The employer may, however,
require such employee to submit to an examination by
a doctor designated and paid for by the employer, and
in the event the recommendations of the two doctors
differ, such two doctors shall attempt to reconcile
their recommendations. If unable to do so, the matter
shall be submitted to the . . . County Medical Society
for resolution.

One agreement included a role for the union in pres­
enting personal leave req u ests, and allowed the
employee’s department head to approve leaves of 30
days or less, but referred requests for longer periods to
a personnel committee:

Personal leave o f absence. Nearly one-fourth of the
agreements included provisions for unpaid personal
leave (table 28). Granted for a longer period than paid
personal leave, unpaid leaves of absence for personal
reasons generally ranged from 3 months to 1 year, al­
though leaves of 2 years were not uncommon. Provi­
sions could allow personal leave to be extended, if
approved by the employer. Clauses afforded employees
the opportunity to take care of private affairs without
terminating their employment or losing their seniority
rights. Among reasons stated for taking personal leave
were physical disability, illness in the family, settle­
ment of an estate, an extended trip not completely
covered by vacation, or layoff. However, it was more
common for the provision to permit leave for any good
cause. At the same time, however, most contracts pro­
hibited the use of leave to obtain employment else­
where. Employees usually were required to request
leave in advance and were restored to their jobs at the




(148)

59

Applications for leaves of absence without pay for
personal reasons shall be made in writing to the de­
partment head and shall be presented to the union. A
leave of absence may not be granted for the purpose of
taking other employment; however, the term “ other
employment” shall not include union duties. Union
duties do not include the taking of a full-time position
with the union as a representative.
The granting of such leave and the length of time for
such leave shall be contingent upon the reasons for the
request. The department head may grant leaves of
absence without pay for thirty calendar days or less
without further authority of the Personnel Committee.
Leaves of absence for more than thirty calendar days
shall be referred to the Personnel Committee by the
department head with a recommendation, and all such
leaves, if granted, shall be for a specific period of time.

Table 25. Maximum paid vacations in State and county collective bargaining agreements by level of
government, 1972-73
Level of government
Maximum paid vacation

All agreements

County
Los Angeles

Agreements

All other counties

Workers

Agreements

Workers

Agreements

Workers

Agreements

Workers

Total ................................................

318

340,447

106

151,257

41

61,312

171

127,878

Total with vacation provisio n s...................
2 V i weeks .............................................
3 w eeks....................................................
3 V z w e e k s ...............................................
4 w eeks....................................................
V w eeks................................................
5 w eeks....................................................
6 w eeks....................................................
Reference to vacations; no
d etails given or no maximum
s p e c ifie d .............................................

252
1
8
6
106
1
44
2

266,657
1,200
3,684
7,545
112,075
180
42,093
2,715

97
1
—

129,655
1,200

14

19,928

141
—

117,074
—

4
20
1
14

5,917
39,063
180
15,807

8
2
82

3,684
1,628
60,130

30
2

26,286
2,715

84

97,165

57

67,488

10

7,046

17

22,631

No reference to v a c a tio n s ..........................

66

73,790

9

21,602

27

41,384

30

10,804

42

—

—

—
—

—

—
—

4
—
—

12,882
—

_

_

Table 26. Number of paid holidays in State and county collective bargaining
agreements by level of government, 1972-73
Level of government
Number of paid holidays

All agreements
County

State

Agreements Workers Agreements Workers Agreements Workers
Total ................................................

318

340,447

106

151,257

212

189,190

Total with holiday p ro v is io n s ....................
5 days .....................................................
5 days + 1 or more half d a y s ...............
6 days .....................................................
6 days + 1 or more half d a y s ...............
7 days .....................................................
7 days + 1 or more half d a y s ...............
8 days .....................................................
8 days + 1 or more half d a y s ...............
9 days .....................................................
9 days + 1 or more half d a y s ...............
10 d a y s ....................................................
10 days + 1 or more half d a y s ............
11 d a y s ....................................................
11 days + 1 or more half d a y s ............
12 d a y s ....................................................
12 days + 1 or more half d a y s ............
13 days or m ore......................................
Reference to adm inistrative
regulations or State L a w ...................

199
1
1
1
7
4
7
9
3
16
13
36
12
36
9
20
4
7

228,579
600
3,200
95
695
318
1,301
1,876
266
6,652
3,715
47,738
19,637
21,709
14,592
44,991
2,380
7,876

56
1
1
—
—
—
—
1
1
5
5
7

87,995
600
3,200
—
—
—
—
600
92
3,449
1,353
23,048

143
—
—

2

1,769

1
7
4
7
8
2
11
8
29
12
21
9
10
4
5

140,584
—
—
95
695
318
1,301
1,276
174
3,203
2,362
24,690
19,637
17,641
14,592
13,576
2,380
6,107

13

50,938

8

18,401

5

32,537




60

—

—

15
—

4,068
—

10

31,415
—

—

_

Table 27. Selected payments for time not worked in State and county collective
bargaining agreements by level of government, 1972-73
Level of government
Provision

All agreements
County

State
Agreements

Workers Agreements Workers Agreements

Workers

Total ................................................

318

340,447

106

151,257

212

189,190

Reporting pay...............................................
C all-in/call-b ack p a y ..................................
Rest p e rio d s ................................................
Wash-up/clean-up t im e ..............................
Jury-duty and/or court-witness pay1 .........
Sick leave2 ...................................................
Funeral leave3 .............................................
M ilitary leave...............................................
Personal leave d a y s ....................................
Terminal leave.............................................

44
167

23,308
216,027
100,821
34,978
194,774
296,218
220,675
78,242
77,915
12,578

17
56
54
35
53
89
73
44

9,828
77,218
59,202
28,621
79,804
120,263
91,507
58,571
11,937
57

27

13,480
138,809
41,619
6,357
114,970
175,955
129,168
19,671
65,978
12,521

100
43
141
266

200
82
51

8

in c lu d e s 6 agreements with court-witness pay only and
58 agreements with court-witness pay and jury-duty pay.
in c lu d e s 85 agreements which permitted sick leave to
be converted to other leave or to pay.
in c lu d e s 58 agreements which provided that time taken

6
1

111
46

8
88
177
127
38
45
7

off for funeral leave would be charged to annual or sick
leave.
*
NOTE-. Nonadditive. An agreement may contain more than
one of the provisions listed.

Table 28. Leave of absence provisions in State and county collective bargaining
agreements by level of government, 1972-73
Level of government
Reason for leave

All agreements
State
Agreements

County

Workers Agreements Workers Agreements Workers

Total ................................................

318

340,447

106

151,257

212

189,190

Union b u s in e s s ............................................
Education.....................................................
M atern ity.....................................................
P e rso n a l.......................................................

102

138,174
120,306
187,886
56,310

48
37
48
35

81,749
71,988
75,430
28,658

54
54
78
39

56,425
48,318
112,456
27,652




91
126
74

NOTE: Nonadditive. An agreement may contain more than one of the provisions listed.

61

Chapter 7.

Working Conditions

Work assignments

opportunity to request assignment change to the vac­
ant position.
(2) Regular employees within the department,
unit, or service where the vacancy occurs shall have
first chance for assignment, provided that:
(a) They hold the same job classification as
the vacant position.
(b) They are of the appropriate sex as re­
quired to fill the job requirements.
(c) They are deemed qualified by experience
and skills for the specific position.
(d) Unless the senior employee has signifi­
cant deficiencies in reference to the
specific job assignment, seniority shall
determine the assignment.
(e) Senior employees not receiving an as­
signment request will be notified of the
reasons for disqualification.
(f) An employee shall not exercise his rights
to effect an assignment change through
this requesting procedure more than once
in nine months unless no other employee
has bid for the assignment or unless by
mutual agreement a more frequent as­
signment change is authorized.
(3) Regular employees in other departments, units
or services shall be considered next for vacancies
under the same provisions as in Step 2 above.

Provisions detailing how employees are selected for
work assignments were included in 17 percent of the
contracts, covering 22 percent of the employees in the
study (table 29). These procedures are designed to meet
both the need of the government employer to fill job
vacancies with qualified workers and the desires of
individual employees for worlc in different locations or
on different shifts or jobs than where they are presently
serving.
Many of the provisions required vacancy notices to
be posted for a number of days prior to selection, gener­
ally for a period of 2 weeks or less. In the event that
more than one person applied for a particular job or
assignment, seniority was the determining factor in
nearly all cases; however, skill, ability, experience, and
other requirements of the position also were frequently
considered:
(106)

Seniority, as defined in the above paragraph, shall
be the determining factor in all cases pertaining to the
selection of assignments, work schedules and reas­
signments to any other location within the division
other than the location where the employee is as­
signed at the time in question,

(189)

Management will maintain a central file in which
permanent employees may indicate their first and
second work location preferences. The County
Librarian’s Personnel Newsletter, or special bulletins
in case of emergency, will indicate positions open
since the last notification. In cases in which failure to
fill positions would result in diminishment of public
service, the position will be filled on a temporary
basis, otherwise the position will remain open for a
two week period after notification. The seniority of
the employees requesting such reassignment will be
considered but the ultimate placement will be deter­
mined by the requirements of the position.

(169)

One contract made seniority the determining factor
for lo wer paid positions and qualifications of employees
the determining factor for higher paid positions, except
where those qualifications were equal. Where em ­
ployees with greater seniority were not selected, pro­
visions required State and county employers to notify
them in writing of the reasons for nonselection. Em­
ployees might be limited in how many times they could
transfer:
(14)

The following procedure will be used as a first step
in filling vacancies in positions other than professional
or administrative, as defined by the Fair Labor Stan­
dards Act. Trial service employees may make re­
quests under this procedure, but the Hospital and
Training Center is not obligated to honor their re­
quest.
(1)
A notice of vacant positions to be filled in the
department or unit, shall be posted on the department
or unit bulletin board and on a central bulletin board.
The vacancy notice and description shall remain
(177)
posted for at least four days. Employees shall have an




62

If a regular job opening is not filled from within a
seniority group, and the University determines to fill
the opening, the regular job opening, except for open­
ings in Pay Grade 1, will be posted throughout a post­
ing area as set forth in Appendix E for five calendar
days. When the opening is filled, the employee with
the most seniority among the bidders in the posting
area who has the qualifications will be given the
promotion or transfer when the classification is as­
signed to Pay Grade 2 through 6. When the classifica­
tion is assigned to Pay Grade 7 or above, qualifications
shall be the determining factor, except that among
those with relatively equal qualifications seniority
shall control.
Changes in work assignments (transfers from one

work location to another) shall be offered to all em­
ployees whenever a vacancy occurs or a new position
is established by an increase in the total legislatively
authorized complement. Such openings shall be
posted in each work location for a period of not less
than seven calendar days before the vacancy is filled.
Whenever possible such changes shall be granted on
the basis of seniority should more than one employee
desire the assignment. When an employee having
greater seniority is passed over, he shall be noti­
fied in writing. Should it be necessary for any reason,
to assign an employee to a new work location,
whenever possible such assignments shall be made
on the basis of inverse seniority.
Changes in work assignment to fill posted vacancies
shall be limited to no more than two per original vac­
ancy. Upon being granted a transfer, the employee
shall not be eligible to exercise his transfer rights for
two years.
(161)

such work within the required amount of time, during
emergencies or when such work can be performed by
bargaining unit employees on an efficient and econom­
ical basis. It is not the intent of the Commission to
sub-contract work which would result in a layoff of the
then present employees.
(103)

(190)

In the event of a vacancy or a newly-created posi­
tion employees shall be given the opportunity to trans­
fer on the basis of seniority in the department if qual­
ified. In such cases all vacancies and newly-created
positions shall be posted in a conspicuous place in
each building in the Hospital at least four calendar
days prior to filling such vacancy or newly-created
position. Management will give the union a copy of all
postings dated at time of posting.

(144)

(13)

In the event any work normally performed by the
employees covered by this agreement is let to a con­
tractor, said contractor shall be one having an agree­
ment with the International Brotherhood of Electrical
Workers. Other work normally performed by emp­
loyees covered by this agreement shall be let to con­
tractors who are affiliated with AFL-CIO. Non­
electrical worker contractors are permitted to install
non-metallic conduit under roadways.

Restrictions on work by supervisors
Supervisors were restricted from performing duties
of bargaining unit employees in 24 agreements (table
29). These provisions were generally included as a form
of job security, retaining work for employees in the
bargaining unit. In most cases the restriction was not
absolute, since supervisors were allowed to perform
bargaining unit work during periods of emergency or for
such purposes as testing or instructing employees in the
use of new materials or methods of operation, or when
operational difficulties were encountered. Work by
supervisors was also permitted if an adequate number
of employees was not available. In some contracts em­
ployees designated as “ working foremen” were ex­
cluded from these restrictions:

The parties recognize that the University may con­
tract out or sub-contract work in any department co­
vered by this agreement, in cases of emergency, or
temporary em ploym ent, or in cases where
specialized, professional or technical services are re­
quired and where present employees do not possess
the skill in sufficient number to perform the required
work.
In the event of such contracting out or subcontract­
ing, no employee shall be laid off or take a reduction in
pay as a direct result thereof.
The Commission will not sub-contract work nor­
mally performed by bargaining unit employees if and
when in its judgment, it has the available manpower,
proper equipment, capacity and ability to perform




The employer shall not farm out work that the bar­
gaining unit can perform with a reasonable amount of
overtime and that can be done in the best interest of
the employer.

Another provision sought to protect negotiated stan­
dards by requiring that any subcontracted work be per­
formed by workers under union contract. First choice
was to go to workers represented by the union signatory
to the agreement; otherwise, employers under contract
with other AFL-CIO affiliates were to be called in:

Provisions limiting subcontracting were included in
36 of the agreements studied (table 29). Contracting-out
provisions usually govern the circumstances under
which subcontracting is permitted, thereby precluding
unilateral decisions by the employer. The government
administrator was permitted to subcontract work under
a variety of conditions—in emergencies, when it was
necessary to get a specific job completed, or when the
bargaining unit did not have the requisite skills, equip­
ment, or number of employees necessary to complete a
given task. If bargaining unit employees were capable
of performing the work, subcontracting might be prohi­
bited. Some provisions also restricted subcontracting,
or required consultation with the union, when em­
ployees would be laid off as a direct result:

(94)

. . .County shall have the sole right to contract for
any work it chooses and to direct its employees to
perform such work wherever located subject only to
the restrictions imposed by this agreement and the
Wisconsin Statutes. In the event the employer desires
to subcontract any work which will result in the layoff
of any county employees, said matter shall first be
reviewed with the union.

One agreement barred subcontracting even though
the job required overtime to complete:

Restrictions on subcontracting

(104)

The State shall not contract out for goods and ser­
vices performed by members which will result in any
member being reduced or laid off without prior con­
sultation with the PBA concerning any possible effect
on the terms and conditions of employment of mem­
bers covered by this agreement.

63

(127)

Supervisors apd foremen shall not perform work of
any job classification of the bargaining unit. It is,
however, understood that under emergency condi­
tions when regular employees are not immediately
available, supervisors and foremen may perform bar­
gaining unit work.
Also it is understood when it is necessary to test,
demonstrate, or instruct employees in the use of new
materials, or new methods of operation, or when op­
erational difficulties are encountered, supervisors and
foremen may perform bargaining unit work.

(88)

No supervisory employee, excluded from the terms
of this agreement, shall perform the work of any em­
ployee or employees covered by this agreement ex­
cept for the purpose of instruction or in an emergency;
provided, however, that this paragraph shall not apply
to so-called “ working foreman” whose duties have
been established by custom heretofore followed. The
provisions of this article shall apply to any employee
temporarily acting in a supervisory capacity.

mingling of Liquor Store Manager and retail clerk
duties in order to operate and provide adequate ser­
vices to the public.
F.
The authority of an arbitrator under this article
shall be limited to awards only in accordance with the
language hereinbefore set forth. The arbitrator shall
not be permitted to make back pay awards under this
article except pursuant to the provision of Section C
above.
Grievances under this article shall begin at the third
step of the grievance procedure and proceed in the
usual course thereafter. The permanent arbitrator for
purposes of the article shall be J. Perry Horlacher.

Training
Many agencies conduct training programs for their
employees. By keeping their labor force up-to-date in a
time of rapidly changing technology, employers de­
velop more efficient personnel to provide better service
to the public. Employees, in turn, benefit from training
programs by enhancing their job security and increasing
their earnings potential.
Three training or training-related provisions were ex­
amined in this study. The most common was in-service
training, but a significant number of tuition aid provi­
sions was also found along with several clauses provid­
ing educational incentive pay (table 30).

Some provisions stated that any work performed by
supervisors was not to result in any employees being
laid off or removed from a job classification. One provi­
sion permitted any employee so affected to be compen­
sated for loss of pay and another granted an arbitrator
authority to award back pay should layoff result:
(14)

(154)

Work regylarly and customarily performed by an
employee shall not be performed by a supervisor to
the extent that it results in his layoff or removal from a
classification. If any such incident occurs the em­
ployee shall be compensated for any loss in hourly
rate, plus shift or special schedule premium, if appli­
cable.

In-service training. Twenty-nine percent of the em­
ployees in this study were provided with some form of
in-service training, which was generally available to all
interested employees. In-service training usually in­
volved agency-sponsored classes during working
hours, but could also include on-the-job training. While
training programs usually were initiated by manage­
ment, the employee organization often was informed or
consulted. Being notified allowed the union to monitor
programs and to ensure that all employees were aware
of such opportunities:

A. Definition of Bargaining Unit Work: The fol­
lowing definition specifically excludes all matters set
forth in the “ Management Rights Article” of this
agreement.
All work and services connected with or incidental
to the handling or selling of merchandise offered for
sale to the public in the employer’s retail or wholesale
establishments covered by this agreement shall be
performed by employees within the bargaining unit for
which the union is recognized as the exclusive bar­
gaining agent by the employer.
B. Except as hereinafter provided, the purposes
of this article is to phase out the “ past practice” which
permitted Liquor Store Managers to perform as clerks
during substantial periods of their work day.
C. Liquor Store Managers shall not perform bar­
gaining unit work so as to cause the layoff or prevent
the return to work of an available competent em­
ployee.
During the term of this agreement, the employer
shall not layoff for lack of work any full-time clerk
who was in compensatory status on June 30, 1973.
D. Nothing in this article shall be construed to
prevent Liquor Store Managers from performing clerk
work for the purpose of investigation, research, in­
struction, training or provide customer service in
emergencies.
E. The provisions of this article shall not apply to
any store or situation where it is impractical because
operational requirements demand that there be a co­




(42)

(191)

Management and Local 602 recognize the impor­
tance of appropriate training for employees within the
unit. Departmental management will continue inservice training programs to meet this mutually desir­
able objective. Management will make information
concerning new in-service training programs available
to Local 602 prior to implementation.

(192)

64

The employer and the Association recognize the
need for in-service educational programs for most unit
employees and the need for expansion and improve­
ment in many existing programs. Where programs are
implemented, improved or expanded, the Association
will be consulted on the quantity, quality and subject
matter.

The County shall provide relevant training for each
new , reassigned or promoted em ployee. At a
minimum, training shall consist of on-the-job training
by the immediate supervision in addition to the de­
partmental orientation program in existence.

Each employee within the bargaining unit shall be
entitled to up to one hour of individual supervision
each week, if needed.
The County shall provide relevant and on-going
training for any employee deemed not to be perform­
ing adequately in a giveri area. Training is to be carried
out by the immediate supervisor in groups, if there is a
group need, or individually, if there is an individual
need . . . .

b. The proposal shall initially be submitted to the
appropriate administrator for approval with a copy to
the Central Training Unit. If funding is necessary, it
shall be sought and, failing the availability of funds
alternate methods of implementation shall be consi­
dered.
(129)

Several agreements provided for greater union par­
ticipation by establishing joint training committees. The
union’s role varied from making suggestions to actual
participation in the planning and implementation of
training programs. One contract required, in addition, a
minimum amount of training monthly; another set forth
procedures for the formulation of a training proposal by
interested employees, subject to approval and available
funding:
(84)

a) There will be formed a Food Service Manpower
Development Committee.
b) The Manpower Development Committee shall
be composed of five members. Two of them shall be
named by Local 119, and three shall be designated by
the Director of Personnel Services. Of these three,
one shall come from Auxiliary Services, one from
Personnel Services and one from elsewhere on the
Urbana Campus. The designee from the Personnel
Services Office shall act as chairman of the group.
c) The Manpower Development Committee shall
review—or cause to be reviewed— the work experi­
ence, the training, and the vocational interests of em­
ployees in classes represented by the union and shall
identify University jobs that represent feasible ambi­
tions for employees who seek advancement outside of
their present assignments.
d) The Manpower Development Committee shall
obtain projections of job openings in the jobs iden­
tified in paragraph (c) above and develop procedures
whereby a reasonable number of employees will be
offered opportunity for training or experience needed
for advancement to such jobs. In developing such
procedures, consideration will be given to the use of
the trainee approach authorized in Rule 7.6 of the
System Rules, as well as to other approaches, includ­
ing, but not limited to, consideration of the possible
waiver of any second probationary period otherwise
required after the completion of the traineeship and
Civil Service Examination.

. . . Training Committee: There shall be a training
committee consisting of 3 union representatives and 3
representatives of the Department. This committee
shall continue to meet and have input into developing
new training programs and input into improving train­
ing programs, and will meet at least bi-weekly, until it
is satisfied that a suitable program has been de­
veloped. Subsequently, this committee will meet
every three months for review of training programs,
except that if one half of the committee calls for addi­
tional meetings these will be held.
2.
b. This committee shall function as a sub­
committee of the Labor Management Committee and
deal with matters of training. Any matters which can­
not be resolved by this committee shall be referred to
and reviewed by the Labor Management Committee.
3. The Department realizes that no employee,
(187)
The Nurse s Committee shall participate in the plan­
upon the completion of orientation, is prepared to
ning and implementation of a post orientation program
assume a full workload on a proportionate basis. In
organized for the specific purpose of promoting con­
light of this, it recognizes its responsibility to gradu­
tinuous learning experiences necessary for the per­
ally introduce a new worker to his workload. This
formance of assigned duties. It shall involve continu­
gradual introduction should, at minimum, be two
ing guidance and stimulation of the staff and may stem
months . . .
from activities within the agency or within the com­
5.a. Any group of at least 15 workers can formu­
munity. The activities may be both planned and spon­
late a proposal for their own in-service training group.
taneous that effect the growth of the staff individually
Training specialists will be a resource to the group.
and collectively result in the improvement of service
(1) The group as part of their proposal shall
and in increased job satisfaction. There shall be no
seek out a group leader as well as guest speak­
less than two programs monthly (each of at least one
ers for an initial program.
hour’s duration).
(2) The planned program shall have a
specific duration and regularly scheduled ses­
Tuition aid. One-fifth of the agreements studied pro­
sions.
vided for reimbursement of tuition to employees who
(3) The selection of topics to be discussed
took courses at an educational institution (table 30).
and issues to be raised shall be decided by the
A minimum length of government service and ad­
group itself in their proposal.
(4) The group may propose meeting during
vance approval were common prerequisites for the re­
office hours and may schedule Department
ceipt of tuition aid. The request for approval might
facilities for that purpose in their proposal.
include a statement of the benefits to be derived by the
(5) The Department shall make available
employer as well as the employee. If an employee’s
to new groups evaluations from previous ones
request was denied, he or she often had to be notified of
including their recommendations of resources
for speakers and the group leader. Each inthe reasons for denial. In a few instances, the decision
service training group shall be responsible for
was subject to the grievance procedure. In addition to
evaluating their own group as well as providing
providing tuition reimbursement, payments could also
their recommendations for group leaders and
be made for traveling expenses, books and registration,
speakers.




65

and laboratory and other required fees. Payment could
be limited to a certain percentage of the tuition costs, or
a maximum dollar amount; it could be applied to a
maximum number of credit hours or to approved jobrelated subjects. Courses were usually taken on the
employees’ own time; however, paid time during work­
ing hours was granted in a few contracts. Payment
generally depended on the successful completion of the
course by obtaining a grade of “ C” or better. The
employer could make the payment directly to the edu­
cational institution or to the employee:
(193)

After one year employment and upon prior ap­
proval of the County Department Head, an employee
will be entitled to tuition reimbursement of up to six
credits upon presentation of a certificate of successful
completion and voucher evidencing the cost of such
credits. If the employee’s application is denied, he
shall receive a written statement of explanation for
such denial. This shall be subject to the grievance
procedure.

(141)

(14)

. . . Employees in this bargaining unit who are
employees of the Board of Wayne County Commis­
sioners and desire to continue their education and
have Tuition Reimbursement should do the following:
1. Submit their request to the Appointing Author­
ity at least one month before such course or courses
are to begin.
2. Outline in the request what benefit the course
will be to the employee and the employer.
3. The Appointing Authority will notify the em­
ployee if such request for tuition reimbursement is to
be approved or denied. If request is denied, the rea­
sons for the denial will be sent to the employee.
4. Employees applying for tuition reimbursement
shall receive the tuition monies only after the em­
ployee has submitted documentation as to the amount
of the tuition and successful completion of the course.
5. All continuing education will be done on the
employee’s time, after the employee’s normal work
hours.
6. For employees of the general fund, the refund
will be 100% of actual tuition but will not exceed a
total of $400.00 for any one employee during any one
fiscal year.

(194)

Some contracts for college and university personnel
call for tuition waivers for eligible employees, and this
may be extended to the employee’s spouse and chil­
dren:
(188)

(185)

With the approval of the county the costs involved
in out-service training pursued by employees on a
part-time basis, including tuition and registration,
laboratory, and other required fees, but not including
books, instruments, or other materials retained by the
employees, may be paid for by county departments
either by making direct payment to the institutions or
other organizations providing the training or by reim­
bursing the employees. If the part-time out-service
training occurs during the employees’ regular working
hours, the employees may be granted leave with full
pay. Employees may be reimbursed for traveling ex­
penses incurred during such leave and in connection
with such training in accordance with the existing
traveling expense regulations.

All regular full-time employees who are otherwise
qualified to take college level courses may take such
course offerings of State College, without cost. This
applies only to regular fees charged all students for
enrollment for a specific number of term hours. All
other special or incidental fees such as music fees,
special course fees, parking, etc., are the employee’s
responsibility.
To be eligible to enroll in college courses, an em­
ployee must:
(a) Prepare and submit the information requested
on the “ Request to Enroll in College Courses Offered
by Ferris State College” form provided by the Col­
lege.
(b) Take not more than two courses per quarter.
One course may be taken during working hours sub­
ject to the approval of the immediate supervisor con­
cerned. Release time will be considered time without
pay. However, arrangements should be made with the
supervisor for makeup of such time to provide for
eight hours of work per workday.
(c) Complete course and return duplicate copy
with copy of grade slip for filing in the employee’s
personnel jacket.
Tuition waivers shall be requested for any em­
ployee at Community College taking any courses at
State University of New York member colleges. Re­
quests for tuition waivers for educational purposes at
S .U .N .Y . colleges shall be consonant with the
S.U .N .Y . policy.
Faculty members, their spouses and children shall
be allowed to take courses at the College for credit or
audit, without tuition cost, on a space available basis.

Management agrees to recommend to the Board of
Supervisors that an employee be reimbursed for the
cost of required book(s) used under provisions of the
Tuition Refund Program.

(195)




A full-time employee will be eligible to receive a
tuition refund. . .if (1) he has more than six month’s
seniority at the time of enrollment in an educational
course approved by the University at, or through, an
educational or training institution approved by the
University and (2) he has successfully completed the
educational course and (3) he was on the active em­
ployment rolls throughout this entire period. Approv­
als must be authorized prior to enrollment. “ Success­
ful completion’’ means a final transcript grade of “ C”
or better for credit courses and a certificate of satis­
factory completion for a non-credit course.
An “ educational course,’’ within the meaning of
this article, is one which either (1) is job-related or (2)
prepares the employee to enroll in one that is jobrelated. The term “job-related” includes preparation
for potential promotion as well as improvement in
currently utilized skills and knowledge.
An eligible employee will receive a tuition refund of
not more than seventy-five percent or one hundred
dollars per term, whichever amount is less, for the
cost of tuition paid by the employee. In no case shall
an employee receive a tuition refund in excess of two
hundred dollars for courses taken in any twelve month
period.
Educational courses under this program are to be
taken during non-working hours.

66

Among related provisions were some which granted
employees full or partial pay while taking work-related
courses and others which provided employees with
paid time to attend professional conferences, seminars,
or other programs:
(102)

(196)

treated as part of a bargaining unit member’s base
salary.
(136)

A full-time permanent police officer may be given
educational leave with full or partial pay, for the pur­
pose of taking courses directly related to his work as
determined by the Director of Police and the Director
of Personnel.
Requests for such leave must be approved in advance
by the Personnel Board and the County Executive,
and may not exceed a total of twenty days or one
hundred and sixty hours in any one calendar year.
Educational leave for a longer priod may be granted in
special cases of unusual merit and of great benefit to
the County government. In such cases, the employee
must agree in writing to return to work for a minimum
period of one year after expiration of the educational
leave.

Less frequently, educational incentives were paid on
a continuing basis rather than upon completion of a
degree. In this case, extra compensation would be re­
ceived only as long as the employee completed a
minimum amount of training during each qualifying
period:

With the prior approval of the employer, every at­
torney within the bargaining unit shall be entitled to
attend professional conferences, seminars or pro­
grams which are designed to contribute to the ad­
vancement of his professional competence in an area
relating to his work assignment. The selection of the
conference, seminar or program shall be made by the
employee, and the required travel time and atten­
dance to and from the conference shall be considered
as time worked and paid at the employee’s regular
salary rate . . . .

(159)

E ducational incentive pay. E ighteen agreem ents
granted additional pay to those employees who com­
pleted an advanced course or degree. Most provisions
were found in agreements covering professional and
technical personnel, or police and fire employees (table
30). Educational incentive provisions represent a delib­
erate effort by government administrators to improve
the quality of service provided to the public, first, by
encouraging present employees to upgrade skills and
abilities, and second, by attracting new employees who
already possess desirable qualifications.
The differential was usually paid upon completion of
a degree related to the field of work in which the em­
ployee was engaged. The amount could be graduated
according to the degree earned, with higher salary
levels for more advanced degrees. Some provisions
stated that payments would be prorated if the degree
was earned during the year:
(150)

County agrees to continue in force during the term
of this agreement the educational incentive compen­
sation program for law enforcement personnel of the
Sheriff’s Department. This program includes the fol­
lowing features: a minimum of $25.00 per month for
each eligible officer com pleting the specified
minimum educational requirements during the
specified calendar period with the extra compensation
to continue no more than twelve months after the
period during which the education was received.
Extra compensation will be continued only if the
minimum training continues during each qualifying
period.

Moonlighting
Provisions referring to outside em ploym ent or
“ moonlighting” by members of the bargaining unit
were included in only 10 agreements, covering 7,770
workers. Perhaps one reason for the relative infre­
quency of these provisions is that State laws, local
ordinances, personnel regulations, or civil service rules
often cover outside employment. Another factor is that
moonlighting is mentioned only when the employer
wishes to control such activity.
While none of the contracts in the study prohibited
moonlighting, they did require advance approval or
stipulated that such employment could be performed
only outside of regularly scheduled work periods and
would not be allowed to conflict with the performance
of the employee’s government duties:

Bargaining unit members who meet the require­
ments for a Ph.D. or Ed.D. (or equivalent degree), as
certified by the granting institution, and who have not
previously held such a degree shall have added to their
ten month salary the sum of $1,000. If such a degree is
received during the term of a ten month contract, the
$1,000 shall be prorated according to relationship of
the time remaining on the bargaining unit member’s
ten month contract to their total contract. For deter­
mination of increases in salary, the $1,000 shall be




An annual Educational Differential Premium shall
be paid to all regularly scheduled full time employees
who possess the following academic degrees in the
field of nursing from an accredited educational institu­
tion:
1. Baccalaureate Degree
$150.00
2. Masters Degree
350.00
3. Doctorate Degree
500.00
Such differential shall not be compounded and shall
only be paid to an employee who possesses such de­
gree which is beyond the qualification of the position
the employee holds. Only one such educational dif­
ferential premium shall be applicable in any given
year.

(32)

67

No employee shall hold a full-time job, or its equi­
valent, in addition to his regular full-time County
employment.
Supplementary employment is not encouraged but
is permitted under the following conditions:

activity shall not be engaged in during an employee’s
regularly scheduled or assigned working hours.

(a) That the additional employment must in no way
conflict with the em p loyee’s hours of County
employment, or in quantity or interest conflict in any
way with the satisfactory and impartial performance
of his County duties.
(b) Employees shall notify in writing the facility
administrator of supplementary employment.
(c) Employees shall keep the facility informed of
contemplated changes in supplementary employ­
ment.
(d) In the event such administrator concludes that
such supplementary employment conflicts with the
County employment as in (a) above, the administrator
shall then direct the employee to discontinue the sup­
plementary employment which order shall then be
subject to the grievance procedure.
In January each year the employer shall post a
notice requiring each employee engaged in supple­
mental employment to renew, in writing, his/her re­
quest to hold such outside employment.
(196)

Of the 10 agreements mentioning outside employ­
ment, 7 were found in law enforcement. Police depart­
ments often want to have a voice in what kind of outside
employment, if any, officers will have. In addition, the
nature of police work, where employees are usually
required to be available for emergency duty and may
occasionally be rotated from shift to shift, explains the
prevalence of such clauses in this government activity7:
(31)

(103)

Employees within this bargaining unit may engage
in any employment or activity which is not in conflict
with the present policy of the separate employers or
regular or assigned duties as a County, Road Commis­
sion, or Court employee. Such outside employment or




No employee covered by this agreement shall work
for another security unit or another law enforcement
agency without oral or written consent of the Sheriff.
The Division shall continue its policy of permitting
outside employment of members by one or more em­
ployers and will consider all requests submitted, sub­
ject to such limitations and requirements as the Divi­
sion may deem necessary for the best interests of the
Division and the State.

7For a fuller discussion of moonlighting, see Collective Bargaining
Agreements for Police and Firefighters, BLS Bulletin 1885, pp.
-44-45.

68

Table 29. Selection of work assignments and restrictions on subcontracting and work by supervisors in
State and county collective bargaining agreements by occupational group, 1972-73

Occupational group

Selection
of work
assignm ents

All agreements

Restrictions on
work by
supervisors

R estrictions
on
subcontracting

Agreements

Workers

Agreements

Workers

Agreements

Workers

Agreements

Workers

Total ................................................

318

340,447

54

76,251

36

23,303

24

17,487

B lue-collar or m a n u a l.................................
Professional or te c h n ic a l...........................
C le r ic a l........................................................
Police and fir e .............................................
Blue-collar and c le r ic a l..............................
Professional, technical, and c le r ic a l........
Blue-collar and p rofession al......................
Police, fire, and te c h n ic a l.........................
O ther............................................................

73
67
4
31

30,021
68,974
2,739
31,750
5,830
21,032
10,051
12,911
157,139

15

11,471
19,848

17

15

7,308

—

3,547
700
—

3
3
—

4,543
2,676
—

—

2

1,087
—

—

10
6
14
5
108

10
—

—

3

8,782
3,766

2
—

—

3
—

703
—

21

31,681

1

—

10

—

—

1
2
2

2,500

668
3,766
—

1
3

10,750

55
—
3,190

NOTE: Nonadditive. An agreement may contain more than one of the provisions listed.

Table 30.
1972-73

Training provisions in State and county collective bargaining agreements by occupational group,

Occupational group

In-service
training

All agreements

Educational
incentive pay

Tuition aid

Agreements

Workers

Agreements

Workers

Agreements

Workers

Total ................................................

318

340,447

72

100,337

62

56,889

B lue-collar or m a n u a l.................................
Professional or te c h n ic a l...........................
C le r ic a l........................................................
Police and fir e .............................................
Blue-collar and c le r ic a l..............................
Professional, technical, and c le r ic a l........
Blue-collar and p ro fessio n al......................
Police, fire, and c le ric a l.............................
O ther............................................................

73
67
4
31

30,021
68,974
2,739
31,750
5,830
21,032
10,051
12,911
157,139

13
29

11,232
25,889

11

3,442
14,927

10
6
14
5
108

—

—

3
—

—
—

17

31,000

19

2

69

5

1
2

Workers

18

12,439

_

_

8

3,603
—

5,367
2,466
317
—
—

5
—
—
—

1,755

2

30,370

3

2,856
4,225

—

6,932
4,266
16,253
4,765
—

NOTE: Nonadditive. An agreement may contain more than one of the provisions listed.




—

5
3

24

Agreements

—

—

—
—

Chapter 8.

Grievance and Impasse Procedures

A means for resolving disputes before employees
reso rt to a w alkout is fundam ental to the labormanagement relationship in government as well as in
private operations. Even before the advent of collective
bargaining in State and county governments, employers
had recognized the right of an employee to appeal ac­
tions taken (or not taken) by supervisors, and, there­
fore, had unilaterally established grievance procedures
in agency regulations. In addition, procedures were set
up by law or civil service rules.
Collective bargaining brought the development of
jointly negotiated grievance systems. Of the 318 agree­
ments studied, 285, or 9 out of 10, had grievance proce­
dures (table 31). More than four-fifths of these were
jointly negotiated; only 29 contained contractual refer­
ences to unilaterally established grievance systems. An
additional 22 agreements included a combination of
negotiated and mandated procedures for the handling of
grievances. In many of these, the method of resolution
varied with the step of the procedure, generally with the
negotiated procedure available in the early steps and
government procedures at the later stages. A few al­
lowed employees to select the procedure, usually with
the understanding that the choice, once^made, would be
final and that recourse to other remedies was thereby
waived:
(38)

arrange a hearing with the Civil Service Commission
or Public Employee Relation Commission pursuant to
rules and regulations established by P.E.R.C., under
provision of Chapter 303, Laws of 1968.
(63)

Scope of the grievance procedure
Ninety-three percent of the agreements with griev­
ance procedures included a definition of a grievance
(see table 31). These were about evenly divided be­
tween definitions which permitted any and all matters
to be “ grieved” and those which limited use of the
procedure to complaints involving the interpretation
and application of the contract.
Definitions applying only to the application and in­
terpretation of the contract were generally concise
statements:

Any grievance or dispute which may arise between
the parties, including the application, meaning or in­
terpretation of this agreement, shall be settled in the
following manner:
Step 1. The employee shall take up grievance or dis­
pute with the appointed Committee representatives
and state in writing the text of the grievance.
Step 2. The Committee representative will take up
grievance with employee’s immediate Supervisor and
Department Head within five working days.
Step 3. If grievance has not been settled, the Commit­
tee representative turns grievance over to the Civil
Service Committee, who will then set up meeting with
Clerk/Administrator.
Step 4. If grievance is not settled, the Committee
representative will make arrangements to meet with
Freeholder in charge of Department within fifteen
working days.
Step 5. Civil Service Committee requests to meet
with the full Board of Chosen Freeholders in order to
arbitrate the unsettled grievance within thirty working
days.
Step 6. If the grievance still remains unsettled, the
employee or the Civil Service Committee will then




A Civil Service employee may process his grie­
vance through either the Civil Service appeal proce­
dure or the grievance procedure set forth in this re­
commendation. If an appeal is filed under the Civil
Service appeal procedure, while proceedings are tak­
ing place under the memorandum procedure, then this
grievance procedure shall cease and shall not be per­
mitted to be reinstituted. If an appeal is filed under the
Civil Service appeal procedure, the employee shall
not be entitled to institute proceedings under this grie­
vance procedure, all rights to do so being waived by
the exercise of an option by the employee to utilize the
Civil Service procedure.

(197)

The parties agree that the prompt and just settle­
ment 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.

Arrangements which provided employees with an
avenue of appeal for any complaint could take the
form of brief general statements that the procedure
could be used for “ any and all disputes” or they
could specify the subjects such as existing law s,
rules, procedures, regulations, administrative orders,
or work rules which were included in addition to the
interpretation and application of the contract. In one
agreement, items that would be excluded from the pro­
cedure as well as those that would be included were set
forth:
(43)

70

All issues and disputes arising from the terms and
conditions of employment will be resolved in accor­

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 Commission­
ers or the union unless agreed to prior to a specific
mediation request.

dance with the grievance provisions of this agree­
ment.
(121)

A “ grievance” shall mean any violation, misin­
terpretation or inequitable application of this agree­
ment, existing laws, rules, procedures, regulations,
administrative order’s or work rules of the County of
Rensselaer or a department thereof or any other con­
dition of employment which relates to or involves the
employee or employees.

(198)

Should any difference arise between the employer
and the union as to the meaning and application of this
agreement, or as to any question relating to wages,
hours, and working conditions, they shall be settled
under the provisions of this article.

(146)

Arbitration was by far the most prevalent of the griev­
ance impasse procedures. It was included in 85 per­
cent of the agreements with grievance procedures (table
31). Clauses provided for a final and binding decision by
either a single arbitrator or a panel composed of rep­
resentatives of the employer and the employee organi­
zation and a neutral third party. Provisions often set
forth the basis for selecting an arbitrator and time limits
were created for requesting arbitration, holding a hear­
ing, and submitting a decision:

“ Grievance” shall mean any claimed violation,
misinterpretation or inequitable application of this
contract, or of applicable existing laws, rules, proce­
dures regulations, administrative orders or work rules
which relate to or involve employee health or safety,
physical facilities, materials, or equipment furnished
to employees or supervision of employees; provided,
however, that such term shall not include any matter
involving an employee’s rate of compensation, re­
tirement benefits, disciplinary proceeding or any mat­
ter which is otherwise reviewable pursuant to law or
any rule or regulation having the force and effect of
law, or as to any matter as to which the County is
without authority to act.

(156)

The grievance committee shall consist of 3 mem­
bers:
1. One member shall be appointed by the employer
for an indefinite term to serve at their pleasure.
2. One member shall be appointed by the
employee’s association for an indefinite term to
serve at their pleasure.
3. These members so appointed shall attempt to set­
tle the grievance at issue. If they cannot agree,
then these members so appointed shall select a
third member as an impartial arbitrator . . .
The duly selected arbitrator shall serve only for the
period of time needed to adjudicate a specific grie­
vance.
A quorum of the committee shall consist of the
full committee—two concurring votes shall prevail in
all matters before the committee . . .

(200)

In the event the Association or the Board is not
satisfied with the statement of the other with respect
to the grievance, it may, within fifteen days after
receiving the statement, refer the grievance to arbitra­
tion by requesting that the American Arbitration As­
sociation propose the names of seven arbitrators. A
copy of such request shall be forwarded to the Chair­
man of the Board of Supervisors or the President of
the Association Chapter.
Upon receipt of the names of the proposed arbi­
trators, a designee of the Board and the Association
shall strike names from the list until one ultimately is
designated as the arbitrator. A coin flip shall deter­
mine the party who begins striking such names.
The arbitrator’s decision will be in writing and will
set forth his findings, reasonings and conclusions on
the issues submitted and be binding on both parties.
The arbitrator will be without power or authority to
make any decision which requires the commission of
an act prohibited by law or which is violative of the
terms of this agreement. The arbitrator shall have no
power to alter, add to or detract from the provisions of
the agreement.

(192)

The request for arbitration shall be submitted to the
New York State Public Employment Relations Board
requesting a panel of five names to be submitted to
both parties to the dispute. The parties shall select an
arbitrator from the panel submitted by alternately

Grievance settlement
While the emphasis in grievance procedures is on
early settlement, inevitably some grievances are not
easily resolved. When settlement is stalemated, fact­
finding, mediation, and arbitration may be used to re­
solve the issue.
Factfinding in grievance cases was found in only 5
agreements, 3 of which allowed the factfinder to make
recommendations for settling the dispute. The cost of
the factfinder would be shared by the parties:
(141)

. . . If the grievance is still unresolved after the
above step, either party may submit the grievance
within 30 days to factfinding under the rules of the
American Arbitration Association which shall act as
administrator of the proceedings.
The factfinder shall have no power or authority to
add to, detract from, alter, or modify the terms of this
agreement.
Each party will bear the full costs for its side of
factfinding and will pay one-half of the cost of the
factfinder.

As with factfinding, mediation to settle grievances
was only rarely resorted to and was provided for in 7
agreements:
(199)

In the event the Board of Pierce County Commis­
sioners cannot agree with the union as to a disposition
of the grievance, the dispute may be referred to a
neutral 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




71

striking the names from the panel until one name
remains. The remaining person shall be the arbitrator
in the dispute.
The arbitrator shall conduct a hearing within ten
business days of the request for hearing.
The arbitrator, after reviewing oral and written
statements presented at such hearings, shall respond
in writing to both parties to the dispute within thirty
days following the close of such hearing. The decision
of the arbitrator shall be final and binding upon both
parties to the dispute.

Such appeal to the Attorney General shall be based
solely on the transcript and either party shall have the
right to deliver a written argument supporting his ap­
peal and the other party shall have a right to reply to
such argument in writing. The Attorney General’s
decision in the matter shall be final and binding on all
parties.
(78)

In one instance, a limitation was placed on the use of
binding decisions where the enactment of legislation
was necessary:
(154)

Because of the expense involved in grievance arbitra­
tion proceedings, most of the agreements with proce­
dures stipulated that costs would be shared by the par­
ties to the dispute (table 31). Costs were shared equally
in nearly all cases; however, in a few instances the
losing party had to pay for the single arbitrator or for the
neutral member of a tripartite arbitration panel:

The decision of the arbitrator shall be final and
binding in all cases submitted to him except where the
decision would require an enactment of legislation in
which case it shall be binding only if such legislation is
enacted.

(202)

(8)

Each party shall bear the costs of its chosen arbi­
trator and possible attorney’s fees. The party against
whom the decision is rendered shall bear the full cost,
if any, of the selected third arbitrator. Either party
may request a transcript, however, no party shall be
required to order or pay for a copy of the transcript.

INo-strike provisions
Provisions which prohibited strikes or required em­
ployee organizations to assist in ending a strike were
contained in 55 percent of the State and county agree­
ments studied (table 32). The relatively low prevalence
of such provisions may be due, in part, to the fact that in
many States, strikes by public employees are prohi­
bited by law. Many of the provisions which prohibited
strikes also stipulated that the employer would not lock
out employees.
No-strike provisions generally included prohibitions
against “ slowdowns” or similar job actions. Nearly
one-half of these provisions also included a stipulation
that the union had to work actively to end any “ wild­
cat” or unauthorized strikes. One agreement permitted
either party to use an injunction against the other if
there were violations of the no-strike clause:

Should the union or the Chief, Registrar’s Bureau,
consider the decision of the Board of Arbitration un­
satisfactory, appeal to the Attorney General as head
of the Department of Justice for a final and binding
determination of the grievance shall be perfected as
follows:
The appealing party shall within ten working days
after receiving the findings and order of the Board of
Arbitration give notice of appeal, by filing the same
with the Attorney General and serving a copy of the
appeal on the other party. The party filing the appeal
shall within twenty working days of filing the appeal,
and at its own expense cause a verbatim transcript of
all matters which transpired at the hearing together
with findings, conclusions, order and minority deci­
sion, if any, to be prepared and filed with the Attorney
General and shall serve a copy on the other party.




The fees and approved expenses of an arbitrator
shall be paid by the party who does not prevail before
the arbitrator.

(198)

A written decision of an arbitrator resulting from
the arbitration of a grievance under the following arti­
cles shall be entirely advisory in nature and shall not
be binding upon any of the parties:
Recognition
Purpose
Implementation
Term
Renegotiation
Non-Discrimination
Safety and Health
Payroll Deductions and Dues
Leaves of Absence/Employee Organization Leave
Authorized Agents
Provisions of Law
Posting of Vacancies

Any necessary expenses for the services of arbi­
trators shall be borne equally between the parties. If
either party desires an official verbatim record of an
arbitration proceeding, it may cause such a record to
be made, providing it pays for the record and makes
copies available without charge to the other party and
to the arbitrator or team of arbitrators. Each party
shall be responsible for com pensating its own
representatives or witnesses.

(150)

Advisory rather than binding arbitration of disputes
was provided in only one-fifth of the agreements with
grievance provisions. Under these provisions, the em­
ployer could accept, reject, or modify the decision of
the arbitrator. Agreements often designated the official
who had the power to make this decision. Some Los
Angeles County agreements, while providing for advis­
ory arbitration, permitted the parties to agree to a final
and binding decision:
(201)

The arbitrator’s decision shall be entirely advisory
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.

(9)

72

The union agrees that it will refrain from any strike,
work stoppage, slowdown, or other job action and will

not support or condone any such job action. The State
agrees that it will refrain from locking out its em­
ployees or from any threat thereof.
(171)

The Association agrees not to participate in or sanc­
tion any strike, slowdown, walkout, refusal to report
to work, or interruptions of work or picketing during
the term of this agreement.

(203)

representatives of each negotiation’s team and set
aside.
There shall be no publicity releases except those
actually agreed to by the parties. This is not to pre­
clude keeping the Association membership and the
Board members informed of the progress of negotia­
tions.
Negotiating sessions between the Board and the
Association shall be closed to the press and the
public . . .

The County Chapter of C.S.E.A., Inc. affirms that
it will not assist or participate in any strike and it will
not impose an obligation upon its members to con­
duct, assist or participate in such a strike. Should any
of the preceding occur, including any form of “job
action,” the C.S.E.A. and its officers will publicly
instruct its member to carry out the terms of the
agreement and to perform their duties in the usual
manner.

(159)

It is nev erth eless difficult to negotiate a firm
agreem ent if the legislature might overthrow the
accord or if the comptroller or other budgetary official
might subsequently announce his inability to find suffi­
cient funds to meet contractual obligations. Where re­
venues are insufficient for planned expenditures,
negotiations are vulnerable and indeed may become a
futile exercise as agencies are forced to cut back and
layoffs become a reality. A climate of budgetary re­
trenchment, from the employee or organization’s point
of view, might put in jeopardy past collective bargaining
gains and future negotiating goals. In even the best of
times, labor and management differences may cause a
negotiating stalemate; in times of financial malaise, the
chances are even greater for a deadlock to occur.

During the term of this agreement, County agrees
that it will not lock out employees and Association
agrees that it will not agree in, encourage or approve
any strike, slowdown or other work stoppage growing
out of any dispute relating to the terms of this agree­
ment. Association will take whatever lawful steps are
necessary to prevent any interruption of work in viola­
tion of this agreement, recognizing, with County, that
all matters of controversy within the scope of this
agreement shall be settled by established grievance
procedure.
Each party consents to, and waives any defenses
against, an injunction action by the other party to
restrain any violation of this section.

Impasse procedures
Unless there are impasse procedures to overcome
negotiating stalemates, the only alternative may be a
strike, unwanted by either side and, in many instances,
illegal. Negotiation impasse procedures, therefore, are
designed to resolve deadlocks during bargaining before
work stoppages develop.
Only 10 percent of the agreements studied contained
provisions referring to means of resolving deadlocks
(table 33). H ow ever, this low prevalence must be
viewed in conjunction with the availability of legis­
lated impasse procedures, which are found in about
three-quarters of the States.8
In fact, three-fourths of the agreements referring
to impasse procedures, largely those from Los Angeles
County, cited county or State boards, established by
law, which could render final decisions or assistance in
the form of mediation or factfinding. However, these
methods of resolving negotiating disputes were not al­
ways spelled out in the agreement:

Negotiations
Negotiations involving State and county govern­
ments operate under a number of constraints, including
the public’s interest in the terms of settlement and the
limits that State and local laws, administrative rules,
and budgetary procedures may place on what can be
bargained. Citizens of the county and State are con­
cerned about two matters: First, the effect that contract
terms will have on taxes; and second, the consequences
that a possible work stoppage will have for the commun­
ity. To some degree, therefore, government negotiators
find th em selv es bargaining in a goldfish bow l.
Negotiators on either side may play to the audience and
attempt to bring undue public pressure on the other
party. Compromise, which is the essence of collective
bargaining, may evaporate as both parties are encour­
aged to adopt rigid positions by disparate public voices.
As a consequence, negotiators may agree in advance to
avoid open negotiations:
(204)

(205)

. . . During such negotiations, the Board and the
Association will present relevant data, exchange
points of view and make proposals and counter prop­
osals. All public records will be made available to the
Association upon reasonable request, in writing, dur­
ing normal business hours.
During the course of negotiations, items tentatively
agreed to shall be reduced to writing and initialed by




If the parties are in disagreement as to whether
any proposed change is within the scope of nego­
tiations, such disagreement may be submitted as an
impasse to the Employee Relations Commission for
resolution. In the event negotiations on the pro­
posed change are undertaken, any impasse which

8
Summary of State Policy Regulations for Public Sector Labor
Relations, (U.S. Department of Labor, Labor-Management Services
Administration, 1975).

73

arises may be submitted as an impasse to the Em­
ployee Relations Commission.
(71)

. . . The parties hereby agree that an impasse
in such negotiations shall be identified by the failure
of the parties to have achieved an understanding
or agreement sixty days prior to the date of budget
submission.
In the event of an impasse, the parties agree to
submit the unresolved issues to the Public Employ­
ment Relations Board as provided herein under this
agreement.

(117)

by the tossing of a coin, who shall have the right to
remove the first name from such list and the parties
shall alternately remove names from such list until one
name is left. This remaining person shall be the
mediator.
If the mediator does not effect a settlement within
ten days of his appointment, the dispute shall be sub­
mitted to a Fact-Finding Board of three members. One
member shall be chosen by the County, one member
by the Association and one member by mutual agree­
ment of the first two fact-finders chosen. If the first
two fact-finders cannot mutually agree to the third
fact-finder within three days after their selection, then
the PERB shall submit to these two members a list of
seven qualified persons who are County residents,
and the two members shall, by the toss of a coin,
determine who shall remove the first name from such
list; and the parties shall alternately remove names
from such list until one name is left. Such last remain­
ing named person shall be the third member and
chairman of the Fact-Finding Board.
If the dispute is not resolved at least fifteen days
prior to the budget submission date, the Fact-Finding
Board, acting by a majority of its members, shall
immediately transmit its findings of fact and recom­
mendations for resolving the dispute to the County
Executive and to the President and shall simultane­
ously make public such findings and recommenda­
tions.
If the dispute reaches a point where findings of fact
and recommendations are made public by the FactFinding Board established pursuant to these proce­
dures and the impasse continues, the PERB shall take
whatever steps it deems appropriate to resolve the
dispute, including the making of recommendations
after giving due consideration to the findings of fact
and recommendations of the Fact-Finding Board,
submit to the County Board of Supervisors a copy of
the findings of fact and recommendations of the
Fact-Finding Board together with his recommenda­
tions for settling the dispute, and the Association may
submit to such legislative body its recommendations
for settling the dispute.

No later than July 1 of each year the parties
will enter into good faith negotiations over a suc­
cessor agreement. If such agreement is not con­
cluded by September 2nd, either party may request
the State Public Employment Relations Board (PERB)
to provide mediation to assist the parties in reaching
an agreement. If the parties do not reach agree­
ment by October 1st, either party may request the
State Public Employment Relations Board (PERB) to
assign a fact-finder to further assist the parties in
reaching agreement. Such mediation and fact-finding
will be governed by the provisions of Section 209
of the Civil Service Law.

Factfinding, mediation, and arbitration were specified
in few agreements. Factfinding and mediation were
both found in nine agreements and were used in combi­
nation in eight. Only two clauses mentioned arbitration,
and in both instances, it was used in conjunction with
other procedures. Used thus in combination, it placed
progressively more pressure on the parties to reach
settlement:
(206)

(130)

. . . If such an agreement is not concluded by
September 15, 1974, either party may request the
County Public Employment Relations Board to desig­
nate a mediator to assist the parties to reach
agreement. If the parties have not reached an agree­
ment by November 1, 1974, either party may re­
quest the County Public Employment Relations
Board to appoint a factfinding board. Said media­
tion and factfinding will be governed by the pro­
visions of Act number 84-1967 of the Board of Super­
visors.

(11)

The parties hereto wish to avail themselves of the
right to agree to their own procedures as permitted
under the law and, therefore, mutually agree upon the
impasse procedures set forth herein.
The parties agree to share the cost of any mediators
or fact-finders chosen to aid in the resolving of any
impasse that may arise in future negotiations.
An impasse shall not be deemed to exist because the
parties fail to achieve an agreement sixty days prior to
the budget submission date. The parties hereby agree
to continue with the negotiations into the sixty days
period before the budget submission date. If one of the
parties believes an impasse has occurred, it shall re­
quest the other to join in choosing a mediator by
mutual agreement. If the parties cannot agree on a
mediator within two days after such request, then
upon notification by either party, the PERB shall
submit to the parties a list of seven persons who are
residents of the County. The parties shall determine




. . . The parties agree, finally, that, notwithstand­
ing the cutoff date agreed to above, if factfinding or
arbitration, as per 3 V.S.A. par 925, is in progress, the
agreement shall be extended not more than 10 calen­
dar days beyond the date on which the factfinder or
arbitrator submits his recommendation to the parties.

Approval by higher authority
In two-fifths of the agreem ents (135), covering
195,200 government employees, a negotiated contract
was not binding until approved by higher authority.
Although the employing agency might have the power
to bargain with employee organizations, the legislature
or other elected bodies might have the final word. Reg­
ulatory agencies also might have approval authority to
ensure that no laws or regulations were inadvertently
violated. Most requirements for contract approval were
found in county agreements, especially those in Los
Angeles County where an ordinance requires approval

74

memorandum which do not require specific approval
by the Board of Supervisors. If the parties do not
mutually agree to implement appropriate provisions
of this memorandum not requiring approval by the
Board, then negotiations shall resume upon request of
either party.

by the County Board of Supervisors of certain provi­
sions of labor contracts:
(207)

(153)

(120)

It is understood between the parties that no provi­
sions contained within this agreement are binding
upon either party until this agreement has been re­
duced to writing, ratified by the Association duly ap­
proved, ratified and executed by the . . . County Ex­
ecutive and the County Legislature. It is further un­
derstood between the parties that the Onondaga
County Legislature reserves the right to approve or
reject any provisions of this agreement together with
the whole thereof, and that if the Legislature does not
approve certain provisions contained within the
agreement, the whole agreement as approved or mod­
ified by the Legislature shall be effective and binding
upon the parties.
All negotiations with respect to wages, hours, and
working conditions and other conditions of employ­
ment, shall be conducted by the Wage and Salary
Committee in conjunction with the Highway Commit­
tee and Commissioner, representing the County
Board and the Negotiating Committee and/or rep­
resentatives appointed by the highway employees, to
represent them.
Results of such negotiations must be ratified by the
Oneida County Board and shall then become effective
when signed by representatives of the County Board
and representatives of the employee’s union.

Savings clauses
Once the agreement is ratified and signed, conditions
are set for the duration of the contract, unless a clause is
subsequently declared to be invalid or illegal. To permit
the rest of the agreement to remain in effect, threequarters of the contracts (241), covering 271,996 em­
ployees, incorporated a savings clause. These provided
that invalid clauses would not harm the rest of the
contract. Some permitted the reopening of negotiations
on provisions declared to be invalid:
(186)

(158)




75

In the event that any provision of this agreement
shall at any time be declared invalid by a final judg­
ment of any court of competent jurisdiction or through
a final decree of a government, State or Local body,
such decision shall not invalidate the entire agree­
ment, it being the express intention of the parties
hereto that all other provisions not declared invalid
shall remain in full force and effect. The parties agree
that any invalid provisions of this agreement shall be
modified to comply with the existing regulations or
laws.

(208)

This memorandum of understanding constitutes a
mutual recommendation to be jointly submitted to
County’s Board of Supervisors. It is agreed that this
memorandum of understanding shall not be binding
upon the parties either in whole or in part unless and
until said Board of Supervisors:
A. Acts, by majority vote, formally to approve said
memorandum of understanding.
B. Enacts necessary amendments to all county or­
dinances, including the county’s salary ordi­
nance, Ordinance No. 6222, and
C. Acts to appropriate the necessary funds re­
quired to implement the full provisions of this
memorandum of understanding which require
funding.
Notwithstanding the foregoing, in the event the Board
of Supervisors fails to take all actions necessary to
timely implement said memorandum of understand­
ing, it is understood that the parties may mutually
agree to implement appropriate provisions of said

Should any of the provisions of this agreement be
found to be in violation of any law of the above listed
governing bodies, all other provisions of this agree­
ment shall remain in full force and effect for the dura­
tion of this agreement.

If any article or section of this agreement should be
held invalid by operation of law or by a tribunal of
competent jurisdiction, or if compliance with or en­
forcement of any article or section should be re­
strained by such tribunal, the remainder of this
agreement shall not be affected thereby, and the par­
ties shall, if possible, enter into collective bargaining
negotiations for the sole purpose of arriving at a mutu­
ally satisfactory replacement for such article or sec­
tion.

Table 31.
1972-73

Grievance machinery in State and county collective bargaining agreements by level of government,

Level of government
County
Provision

All agreements

State
All other counties

Los Angeles
Agreements

Workers

Agreements

Workers

Agreements

Workers

Agreements

Workers

318

340,447

106

151,257

41

61,312

171

127,878

Total ............................................

285

313,159

98

132,386

37

60,680

150

120,093

Negotiated procedure..................................
State or agency procedure..........................
Negotiated and State or agency
proce d ures...............................................

234
29

267,092
28,940

84
3

118,342
2,893

23
9

47,926
9,469

127
17

100,824
16,578

22

17,127

11

11,151

5

3,285

6

2,691

Total ................................................

264

302,482

96

131,895

36

59,080

132

111,507

Interpretation and application of
c o n tra c t...................................................
Any c o m p la in t.............................................

139
125

171,338
131,144

61
35

81,202
50,693

16

20

19,813
39,267

62
70

70,323
41,184

Factfin d in g ...................................................
M e d ia tio n ....................................................
Arbitration, t o t a l ........................................
Advisory....................................................
B in d in g ....................................................
Other1.......................................................
Reference to arbitration; no d etails
g iv e n .......................... .........................

5
7
242
52
179

1

4
3

1,212

74

2,400
6,496
117,690
9,526
100,838

2

3,612
7,279
283,379
90,474
176,477
6,109

1

6,000

9

10,319

3

1,326

2

Cost of arbitration shared..........................

218

262,026

78

110,103

36

Total ................................................
GRIEVANCE PROCEDURES

GRIEVANCE DEFINITION

IMPASSE PROCEDURES

4
84

6

in c lu d e s 1 agreement, covering 6,000 workers, in which the status of arbitration was governed by merit system rules; and 1 agreement, covering 109

_

_

—

—

36
34

1

783
105,309
25,297
75,639
109

4,729

4

4,264

60,380

104

91,543

122
12

60,380
55,651

—

105

—

—

—

workers, where arbitration was binding except for selected matters,

Table 32. No-strike provisions in State and county collective bargaining
agreements by level of government, 1972-73
All agreements

State

County

Provision
Agreements Workers Agreements

Workers Agreements Workers

Total ................................................

318

340,447

106

151,257

212

189,190

Total with no-strike p ro v is io n s ..................
Union must work to end strik e ...............
Union role not sta te d ..............................
No reference to no-strike p ro v is io n ...........

176
84
92
142

189,526
96,820
92,706
150,921

75
46
29
31

97,054
63,745
33,309
54,203

101

92,472
33,075
59,397
96,718

38
63

111

Table 33. Negotiation impasse procedures in State and county collective
bargaining agreements by level of government, 1972-73
Level of government
Provision

A ll agreements
State
Agreements Workers Agreements

Total ................................................

318

340,447

Total with im passe procedures..................
F a ctfin d in g ...............................................
M e d ia tio n ................................................
A rb itra tio n ...............................................
State or county labor relations board ...

32
9
9

84,695
28,423
28,473
5,200
57,393




2
24

106

2
1
1
1
1

NOTE: Nonadditive. An agreement may contain more than one impasse procedure.

76

County
Workers Agreements Workers
151,257

212

189,190

15,000
5,000
5,000
5,000

30

69,695
23,423
23,423

10,000

23

8
8
1

200
47,393

Appendix.

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
18
19
20

21

New Jersey; State Troopers, State Troopers Fraternal Association (In d .)..
Wayne County, Mich.; county and court unit, State, County and Munici­
pal Employees (A FSC M E)................................................................................
Michigan; Oakland University, State, County and Municipal Employees
(A FSC M E)............................................................................................................
Erie County, Pa.; white collar unit, Civil Service Employees’ Association
(Ind.).......................................................................................................................
Wisconsin, Department of Natural Resources, State County and Municipal
Employees (A FSC M E).......................................................................................
N ew Y ork; security unit, S tate, C ounty and M unicipal E m ployees
(A FSC M E)............................................................................................................
Allegheny County, Pa.; clerical and technical employees unit, Service
Employees (S E IU )..............................................................................................
Montana; Motor Vehicle Division, Registrar’s Bureau, State, County and
Municipal Employees (AFSCM E)....................................................................
New Jersey; State colleges, Teachers (AFT).....................................................
Winnebago County, Wise.; ParkView Rehabilitation Pavilion and Pleasant
Acres, State, County and Municipal Employees (AFSCM E).....................
Vermont; Statewide unit, Vermont State Employee Association (In d .).......
Illinois; University of Illinois, State, County and Municipal Employees
(A FSC M E)............................................................................................................
Delaware; State Department of Highways and Transportation, State, County
and Municipal Employees (A FSC M E)............................................................
Michigan; University of Michigan, State, County and Municipal Employees
(A FSC M E)............................................................................................................
Bergen County, N .J.; Probation Department, State, County and Municipal
Employees (A FSC M E).......................................................................................
Clark County, Wash.; Public Utility District No. 1, Electrical Workers;
Brotherhood (IB EW )...........................................................................................
St. Croix County, Wise.; Highway Department, State, County and Munici­
pal Employees (A FSC M E)................................................................................
Delaware; Department of Health and Social Services, Emily P. Bissell
Hospital, State, County and Municipal Employees (A FSC M E)................
Oakland County, Mich.; Sheriffs Department, State, County and Municipal
Employees (A FSC M E).......................................................................................
Suffolk County, N .Y .; Police Department, Suffolk County Patrolmen’s
Benevolent Association (In d .)...........................................................................
Greene County, N.Y.; nurses unit, New York State Nurses Association
(In d .)......................................................................................................................




77

Employer and union
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49

Los Angeles County; child welfare w orkers unit, Service Em ployees
(SEIU )....................................................................................................................
Wayne County, Mich.; Food Service Employees, Unit No. 1, Hotel and
Restaurant Employees (H REIU )..... .................................................................
Suffolk County, Mass.; Superior Court officers, State, County and Munici­
pal Employees (A FSC M E)................................................................................
Houghton County, Mich.; medical care facility, State, County and Munici­
pal Employees (A FSC M E)................................................................................
Delaware; Department of Health and Social Services, Division of Social
Services, State County and Municipal Employees (A FSC M E).................
Whatcom County, Wash.; Park Department, Teamsters (IBT) (Ind.)...........
Delaware; Department of Finance, Division of Revenue, State, County and
Municipal Employees (AFSCM E)....................................................................
Michigan; Ferris State College, Ferris State College Clerical and Tech­
nical Association (In d .).......................................................................................
Pennsylvania; m ultidepartment unit, State, County and Municipal Em­
ployees (AFSCM E).............................................................................................
Gratiot County, Mich.; Sheriff’s Department, State, County and Municipal
Employees (A FSC M E).......................................................................................
Muskegon County, Mich.; Board of Social Services, medical care facility,
State, County and Municipal Employees (A FSC M E ).................................
Jefferson County, Wise.; Countryside Home, State, County and Municipal
Employees (A FSC M E).......................................................................................
Milwaukee County, Wise.; technical employees unit, Technicians, Engineers
and Architects Association (Ind.)......................................................................
Fairfax County, Va.; County and School Board blue-collar occupations,
State, County and Municipal Employees (A FSC M E ).................................
Dade County, Fla.; Fire Department, Firefighters (IA F F ).............................
Wisconsin; Department of Veterans Affairs, State, County and Munici­
pal Employees (A FSC M E)................................................................................
Burlington County, N .J.; County, Library Commission and M osquito
Extermination Commission, New Jersey Civil Service Association (Ind.).
South Dakota; Board of Charities and Corrections, State, County and Muni­
cipal Employees (AFSCM E).............................................................................
Los Angeles County, Calif.; Deputy probation officers unit, State, County
and Municipal Employees (A FSC M E)............................................................
Pennsylvania; Human services unit, State, County and Municipal Employees
(A FSC M E)............................................................................................................
Pennsylvania; Medical and supportive job classifications, Unit I, Pennsyl­
vania Nurses Association (Ind.)........................................................................
Putnam County, N.Y.; countywide unit, Civil Service Em ployee’s Associa­
tion (Ind.)...............................................................................................................
M assachusetts; Southeastern M assachusetts University, Teachers (AFT) ..
Wisconsin; University of Wisconsin, State, County and Municipal Em­
ployees (AFSCM E).............................................................................................
Oakland County, Mich.; maintenance, custodial and grounds employees
unit, State, County and Municipal Employees (A FSC M E)........................
Middlesex County, Mass.; Registry of Deeds, State, County and Munici­
pal Employees (A FSC M E)................................................................................
Dade County, Fla.; multidepartment unit, State, County and Municipal
Employees (A FSC M E).......................................................................................
New Jersey; Rutgers, the State University, American Association of Uni­
versity Professors (AAUP) (Ind.)......................................................................




78

Employer and union
50
51
52
53

54
55
56
57
58
59
60
61
62
63
64

65
66
67

68
69
70
71
72

73
74

M assachusetts, Department of Corporations and Taxation, State, County
and Municipal Employees (A FSC M E)............................................................
Wisconsin; Department of Transportation, State, County and Municipal
Employees (A FSC M E).......................................................................................
Los Angeles County, Calif.; supervisory professional engineers unit, Marine
Engineers (MEBA)...............................................................................................
Broome County, N .Y .; Department of Public Works and Parks and Recrea­
tion, nonsupervisory employees unit, State, County and Municipal Em­
ployees (AFSCM E).............................................................................................
Tioga County, N.Y.; countywide unit, Civil Service Em ployees’ Associa­
tion (Ind.)...............................................................................................................
Rockland County, N.Y .; Highway Department, Division of Construction
and Maintenance, State, County and Municipal Employees (AFSCME) .
Los Angeles County, Calif.; clerical and office service employees unit,
Service Employees (SE IU )................................................................................
Oneida County, N.Y .; countywide unit, Civil Service Employees’ Asso­
ciation (Ind.).........................................................................................................
New York; State University of New York, professional services nego­
tiating unit, United University Professions (Ind.).........................................
M assachusetts; Metropolitan District Commission, Police Lieutenants and
Sergeants, M assachusetts State Employees’ Association (In d .)................
M assachusetts; Metropolitan District Commission, Police Patrolmen, State,
County and Municipal Employees (A FSC M E).............................................
Greene County, N.Y .; Highway Department, unit of blue-collar employees,
State, County and Municipal Employees (A FSC M E ).................................
Michigan; Northern Michigan University, unit of blue-collar personnel,
State, County and Municipal Employees (A FSC M E ).................................
Pennsylvania; Medical and supportive job classifications, Unit III, Pennsyl­
vania Nurses Association (Ind.)........................................................................
Montana; Department of Institutions, Boulder River School and Hospital,
Galen State Hospital, Montana State Prison, State, County and Munici­
pal Employees (A FSC M E)................................................................................
Dane County, Wise.; countywide nonprofessional unit and police, State,
County and Municipal Employees (A FSC M E).............................................
Winnebago County, Wise.; most nonsupervisory employees, Winnebago
County Courthouse Employees’ Association (In d .).....................................
Cuyahoga County, Ohio; County hospitals, State, County and Municipal
Employees (A FSC M E).......................................................................................
Langlade County, Wise.; Highway employees, State, County and Munici­
pal Employees (A FSC M E)............................................................. ..................
Pennsylvania; Liquor Control Board, Liquor Store Managers, Independent
Association of Pennsylvania Liquor Control Board Employees (Ind.).....
Ingham County, Mich.; Board of Road Commissioners, Garage and Road
Employees unit, State, County and Municipal Employees (AFSCME) ..
Schenectady County, N.Y.; Glendale Hoipe, Glendale Infirmary and Glenridge Hospital, Service Employees (S E IU )....................................................
M assachusetts; University of M assachusetts, administrative services, office
clerical and technical employees unit, Massachusetts State Employees’
Association (In d .)................................................................................................
Suffolk County, M ass.; countywide, clerical employees unit, Service Em­
ployees (SEIU ).....................................................................................................
Wisconsin; Department of Health and Social Services, State, County and
Municipal Employees (AFSCM E)....................................................................




79

Employer and union
75
76
77
78
79
80
81
82
83

84
85
86

87
88

89
90

91
92
93
94
95
96
97

98
99

100

Oakland County, M ich.; Probate Court, non-caseworkers unit, State, County
and Municipal Employees (AFSCME) ...........................................................
Dane County, W ise.; nonsupervisory law enforcement unit, Teamsters
(IBT) (Ind.)............................................................................................................
Marin County, Calif.; multioccupational unit, Marin Association of Public
Employees (In d .).................................................................................................
Los Angeles County, Calif.; automotive and equipment maintenance unit,
State, County and Municipal Employees (A FSC M E )..................................
Ottawa County, Mich.; Board of County Road Commissioners, State,
County and Municipal Employees (A FSC M E)..............................................
Oakland County, Mich.; Probate Court, caseworkers unit, State, County
and Municipal Employees (A FSC M E)............................................................
Niagara County, N.Y .; blue-collar employees unit, State, County and Muni­
cipal Employees (AFSCM E).............................................................................
Summit County, Ohio; Commissioners’ employees, State, County and Muni­
cipal Employees (AFSCM E).............................................................................
Wisconsin; Department of Administration, professional engineering bargain­
ing unit, State Highway Engineers Association (Ind.).................................
M a ssa c h u setts; D epartm ent of Public W elfare, S ervice E m ployees
(SEIU) .................................................................................................................
Orange County, Calif.; general county and supervisory management units,
Orange County Employees Association (In d .)...............................................
Hawaii; Board and Department of Education, educational officers, State,
County and Municipal Employees (A FSC M E).............................................
Pueblo County, Colo.; Highway Department, State,County and Municipal
Employees (A FSC M E).......................................................................................
Lapeer County, Mich.; Road Commission, State, County and Municipal
Employees (A FSC M E).......................................................................................
Chautauqua County, N .Y .; countywide unit, Civil Service Em ployees’
Association (In d .),...............................................................................................
W isconsin; Departm ent of Adm inistration, security and public safety,
blue-collar (except building trades), and technical units, State, County and
Municipal Employees (AFSCM E)....................................................................
Tompkins County, N.Y.; countywide unit, Civil Service Em ployees’ Asso­
ciation (Ind.) ........................................................................................................
Chenango County, N .Y .; countywide unit, Civil Service Employees’ Asso­
ciation (Ind.) ........................................................................................................
Columbia County, Wise.; Highway Department, State, County and Munici­
pal Employees (A FSC M E)................................................................................
Kalamazoo County, Mich.; Road Commission, Teamsters (IBT) (In d .).....
Portage County, Wise.; County Courthouse and Home employees, State,
County and Municipal Employees (A FSC M E)..............................................
Itasca County, M inn.; Welfare and H ospital Com m ission, M innesota
Nurses Association (Ind.)...................................................................................
King County, W7
ash.; Departments of Public Safety and Rehabilitative Ser­
vices and the Cedar Hills Alcoholic Treatment Center, Service Employees
(SEIU )....................................................................................................................
St. Louis County, Minn.; Welfare Department, State, County and Muni­
cipal Employees (AFSCM E).............................................................................
San Diego County, Calif.; countywide unit, San Diego County Employees
Association (In d .)................................................................................................
Cortland County, N.Y.; countywide unit, Civil Service Employees’ Asso­
ciation (In d .)..........................................................................................................




80

Employer and union
101
102
103

104
105
106
107
108
109

110
111

112
113
114
115
116
117
118
119
120

121
122
123
124
125
126
127

W aukesha County, Wise.; Sheriffs Department, Teamsters (IBT) (Ind.) ...
New Castle County, Del.; police officers unit, Fraternal Order of Police
(FOP) (Ind.)...............................................................................................................
New York; Division of State Police, noncommissioned officers, investiga­
tors and troopers unit, Police Benevolent Association of the New York
State Police (In d .)................................................................................................
O hio; Ohio U n iv e rsity , S ta te , C ounty and M unicipal E m ployees
(A FSC M E)............................................................................................................
Oregon; Eastern Oregon State College, classified employees, Oregon State
Employees Association (In d .)................................................. .........................
M assachusetts; Metropolitan District Commission, engineering technicians
unit, State, County and Municipal Employees (A FSC M E)........................
Oakland County, Mich.; Road Commission, hourly rated, nonsupervisory
employees unit, State, County and Municipal Employees (A FSC M E)....
Delaware; Department of Health and Social Services, Division of Mental
Retardation, Hospital for the Mentally Retarded, Laborers (LIU N A ).....
M innesota; Statew ide unit, State, County and M unicipal Em ployees
(A FSC M E)........ ....................................................................................... ...........
Erie County, N .Y .; blue-collar employees unit, State, County and Munici­
pal Employees (A FSC M E).................................................... ...........................
Coos County, Ore.; Highway Department, State, County and Municipal
Employees (A FSC M E).......................................................................................
Niagara County, N .Y .; white-collar employees unit, Civil Service Em­
ployees’ Association (In d .)................................................................................
Cuyahoga County, Ohio; Hospitals, nonsupervisory and nonprofessional
employees, State, County and Municipal Employees (A FSC M E )............
New Jersey; Rutgers, the State University, maintenance and service em­
ployees unit, State, County and Municipal Employees (A FSC M E)..... .
Illinois; Southern Illinois University, Edwardsville Campus, nonacademic
employees unit, Service Employees (SEIU )...................................................
Onondaga County, N. Y .; Sheriffs Department, The Deputy Sheriffs’ Benev­
olent Association of Onondaga County (Ind.)................................................
Essex County, N.Y. ; countywide unit, Civil Service Employees’ Association
(In d .)................................................................................................ ......................
Monroe County, N.Y .; countywide unit, Civil Service Em ployees’ Asso­
ciation (Ind.)..........................................................................................................
Waukesha County, Wise.; multidepartment unit, State, County and Muni­
cipal Employees (AFSCM E)................................ .............................................
Los Angeles County, Calif.; social services investigators unit, Service
Employees (S E IU )...............................................................................................
Rensselaer County, N .Y .; countywide unit, Civil Service Em ployees’
Association (In d .)................................................................................................
Los Angeles County, Calif.; dental professionals unit, Association of Los
Angeles County Dental Personnel (Ind.) ................................... .....................
Washington; Department of Revenue, Washington State Employees Asso­
ciation (In d .)................................................................................. .......................
Calhoun County, Mich.; Board of Social Services, Kimball Medical Care
Facility, Service Employees (SE IU )................................................................
Fond du Lac County, Wise.; Mental Health Center, State, County and
Municipal Employees (AFSCM E)............................................................. .
Broome County, N .Y .; white-collar employees, Civil Service Em ployees’
Association (In d .)..................................................................... ..........................
Michigan; Eastern Michigan University, nonacademic employees, State,
County and Municipal Employees (A FSC M E).............................................




81

Employer and union
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154

Los Angeles County, Calif.; firefighters unit, Firefighters (IA FF)................
Illinois; University of Illinois, food service employees unit, Service Em­
ployees (SEIU )......................................................................................................
Nassau County, N .Y .; Police Department, Patrolmen’s Benevolent Associa­
tion of the Police, Department of the County of Nassau (Ind.).................
M assachusetts; Department of Mental Health, State, County and Municipal
Employees (A FSC M E).......................................................................................
New Castle County, Del.; countyw ide, hourly employees unit, State,
County and Municipal Employees (A FSC M E )..............................................
Delaware; Department of Highways and Transportation, nonprofessional
employees unit, State, County and Municipal Employees (A FSC M E)....
Dade County, Fla.; Department of Public Works, Waste Division, State,
County and Municipal Employees (A FSC M E)..............................................
Michigan; W estern Michigan University, service staff, State, County and
Municipal Employees (AFSCM E)....................................................................
Onondaga County, N .Y .; registered nurses unit, New York State Nurses
Association (In d .)................................................................................................
Michigan; Grand Valley State College, custodial and maintenance unit,
State, County and Municipal Employees (A FSC M E )..................................
Saratoga County, N.Y .; countywide unit, Civil Service Em ployees’ Asso­
ciation (In d .)..........................................................................................................
Warren County, N.Y.; countywide, nonsupervisory employees unit, Civil
Service Em ployees’ Association (In d .)...........................................................
Los Angeles County, Calif.; paramedical technical employees unit, Service
Employees (S E IU )...............................................................................................
Wayne County, Mich.; Road Commission, Society of County Engineers
(In d .)......................... .............................................................................................
Ontario County, N.Y .; countywide unit, Civil Service Em ployees’ Associa­
tion (Ind.)...............................................................................................................
Ontonagon County, Mich.; Road Commission, State, County and Municipal
Employees (A FSC M E).......................................................................................
Bay County, Mich.; Road Commission, State, County and Municipal Em­
ployees (AFSCM E)..................................... ........................................................
Macomb County, Mich.; Road Commission, State, County and Municipal
Employees (A FSC M E).......................................................................................
W estchester County, N.Y.; countywide, nonprofessional and nonsuper­
visory employees, Civil Service Em ployees’ Association (Ind.)................
Cook County, 111.; Cook County Hospital, service employees, Service
Employees (S E IU )...............................................................................................
Marathon County, Wise.; Highway Department, State, County and Munici­
pal Employees (A FSC M E)................................................................................
Sauk County, Wise.; Highway Department, State, County and Municipal
Employees (A FSC M E).......................................................................................
Michigan; Central Michigan University, Central Michigan University Faculty
Association (In d .)................................................................................................
Montgomery County, Ohio; multidepartment unit, State, County and Muni­
cipal Employees (AFSCM E)..............................................................................
New York; Division of State Police, captains and lieutenants unit, Civil
Service Em ployees’ Association (In d .)........................................................ .
Oneida County, Wise.; Highway Department, State, County and Municipal
Employees (A FSC M E).......................................................................................
Pennsylvania; Liquor Control Board, retail stores and subwarehouse, unit
of clerks, cashiers, and subwarehousemen, Retail Clerks (R C IA )............




82

Employer and union
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174

175
176
177
178
179
180

Kitsap County, W ash.; countywide unit, State, County and Municipal
Employees (A FSC M E).......................................................................................
St. Lawrence County, N.Y .; countywide unit, Civil Service Employees’
Association (In d .)................................................................................................
Cook County, 111.; Health and Hospitals Governing Commission, unit of
Security Officers I, Teamsters (IBT) (Ind.)....................................................
Clark County, W ash.; Public Utility District No. 1, Office and Profes­
sional Employees (O PEIU )................................................................................
Marin County, Calif.; Sheriffs Department, Marin County Deputy Sheriffs
Association (In d .)................................................................................................
Nassau County, N.Y .; countywide unit, Civil Service Employees’ Associa­
tion (Ind.)...............................................................................................................
Jackson County, Mich.; Medical Care Facility, State, County and Munici­
pal Employees (A FSC M E)................................................................................
Los Angeles County, Calif.; Institutional Support Services, Service Em­
ployees (SEIU ).....................................................................................................
Orange County, N.Y .; countywide unit, Civil Service Employees’ Asso­
ciation (In d .).........................................................................................................
Erie County, N.Y.; Sheriffs Department, State, County and Municipal
Employees (A FSC M E).......................................................................................
Ramsey County, Minn.; Hospital Administration, State, County and Muni­
cipal Employees (AFSCM E).............................................................................
Pennsylvania; maintenance and trades unit, State, County and Municipal Em­
ployees (AFSCM E).............................................................................................
Delaware; University of Delaware, physical plant, food service and dormi­
tories, State, County and Municipal Employees (AFSCM E).....................
Pierce County, W ash.; Hospital Council, Lakewood General Hospital,
Washington State Nurses Association (In d .).................................................
Oregon; Eastern Oregon Hospital and Training Center, Oregon State Em­
ployees Association (In d .).................................................................................
Michigan; Michigan Technological University, State, County and Munici­
pal Employees (A FSC M E)................................................................................
Oregon; Portland State University, Oregon State Employees Association
(In d .).......................................................................................................................
W isconsin; professional patient care unit, W isconsin N urses Associa­
tion (Ind.)...............................................................................................................
M assachusetts; Division of Civil Service, Massachusetts State Employees
Association (In d .)................................................................................................
Delaware; Department of Correction, New Castle, Kent and Sussex Cor­
rec tio n a l In stitu tio n s , S ta te , C ounty and M unicipal E m ployees
(AFSCME) ...........................................................................................................
Lucas County, Ohio; Road Maintenance Department, State, County and
Municipal Employees (AFSCM E)....................................................................
Suffolk County, M ass.; County Jail, State, County and Municipal Em­
ployees (AFSCM E).............................................................................................
Minnesota; Department of Public Safety, radio communications operators,
State, County and Municipal Employees (A FSC M E ).................................
Dickinson County, Mich.; Road Commission, State, County and Munici­
pal Employees (A FSC M E)................................................................................
Michigan; University of Michigan, W ashtenaw County Local Building
Trades C ouncil.....................................................................................................
Marin County, Calif.; firefighters unit, Marin Association of Public Em­
ployees (Ind.)........................................................................................................




83

Employer and union
181
182
183
184
185
186
187
188
189
190

191
192
193
194
195
196
197
198
199

200

201
202
203
204
205
206

Grays Harbor County, Wash.; Road Department, Engineer’s Office and
Equipment Pool, State, County and Municipal Employees (AFSCM E)...
Milwaukee County, Wise.; nurses unit, Staff Nurses Council of Milwaukee
(In d .)......................................................................................................................
Los Angeles County, Calif.; supervisory administrative and technical staff
unit, Service Employees (SEIU )........ ..............................................................
New Castle County, Del.; countywide, salaried employees unit, State,
County and Municipal Employees (A FSC M E)..............................................
Onondaga County, N.Y .; Community College, Teachers (A F T )...................
Manitowoc County, W ise.; Health Care Center, nonprofessional staff,
State, County and Municipal Employees (A FSC M E ).................................
M assachusetts; Department of Mental Health, M assachusetts Nurses Asso­
ciation (In d .).........................................................................................................
Michigan; Ferris State College, unit of nonsupervisory, nonacademic per­
sonnel, State, County and Municipal Employees (AFSCM E)....................
Los Angeles County, Calif.; librarians unit, Service Employees (SEIU) ....
Manitowoc County, Wise.; county offices and courthouse, mental health
center and unionized departments, State, County and Municipal Em­
ployees (AFSCM E).............................................................................................
Los Angeles County, Calif.; security guards unit, Service Employees
(SEIU )....................................................................................................................
Monroe County, N.Y .; Department of Social Services, Electrical Workers
(IU E).......................................................................................................................
Greene County, N.Y .; countywide except those represented by other or­
ganizations, Civil Service Employees’ Association (In d .)...........................
Los Angeles County, Calif.; supervisory engineering technicians unit,
Marine Engineers (M EBA )................................................................................
Westmoreland County, Pa.; Administrative Units I, II, III, and IV, Service
Employees (SEIU) .............................................................................................
Wayne County, Mich.; attorneys unit, Wayne County Government Bar
Association (In d .)................................................................................................
Winnebago County, Wise.; Highway Department, State, County and Muni­
cipal Employees (AFSCM E)..............................................................................
Manitowoc County, Wise.; highway employees, State, County and Munici­
pal Employees (A FSC M E)................................................................................
Pierce County, Wash.; multidepartment, Machinists (IAM), State, County
and Municipal Employees (AFSCME), Operating Engineers (IUOE),
Electrical, Brotherhood (IBEW), Professional and Technical Engineers
(AFPTE), and Teamsters (IBT) (In d .)............................................................
Columbia County, N.Y.; countywide unit, Civil Service Em ployees’ Asso­
ciation (In d .)..........................................................................................................
Los Angeles County, Calif.; medical social workers unit, Service Employees
(SEIU )....................................................................................................................
Oregon; Department of Agriculture, Grain Division, Oregon State Employees
Association (In d .)................................................................................................
Fulton County, N.Y.; countywide unit, Civil Service Employees’ Associa­
tion (C SE A )..........................................................................................................
Cuyahoga County, Ohio; Board of Mental Retardation, Association of Cuya­
hoga County Teachers of Trainable Retarded (In d .)....................................
Los Angeles County, Calif.; supervisory paramedical-health employees
unit, Service Employees (SEIU ).......................................................................
W estchester County, N .Y .; Parkway Police, sergeants and patrolmen,
W estchester County Parkw ay Patrolm en’s B enevolent A ssociation
(In d .)................................ ......................................................................................




84

Clause
num ber

207
208

Employer and union

Expiration date

Onondaga County, N.Y .; licensed practical nurses unit, Licensed Practical
Nurses of New York (Ind.)................................................................................
Marin County, Calif.; Probation Department, Service Employees (SEIU )..

December 1976
June 1977




85

|
]< ^ ^ P

A basic reference source showing how
negotiators in different industries handle '
specific problems, complete with
illustrative clauses identified by the
company and union signatories, and
detailed tabulations on prevalence of
clauses.
Based on an analysis of about 1800
major agreements, 15 bulletins dealing
with key issues in collective bargaining
have been completed by the Bureau of
Labor Statistics.

ORDER FORM
Check the
Publication
Desired

B ulletin
Num ber

T itle

Date o f
P ublication

Price

Major Collective Bargaining Agreements:

_
_
_
_
___

_
_
—

_
_
___
___
___

_
_
_
_
_
_

___

___
—

Grievance P rocedures.................................................................. . . .
Severance Pay and Layoff Benefit Plans..................................... .. .
Supplemental Unemployment Benefit Plans and
Wage-Employment Guarantees................................................ . . .
Deferred Wage Increase and Escalator C lauses....................... . . .
Management Rights and Union-Management Cooperation.. . . . . .
Arbitration P rocedures.................................................................. . . .
Training and Retraining P ro visio n s............................................. . . .
Subcontracting............................................................................... . . .
Paid Vacation and Holiday Provisions......................................... . . .
Plant Movement, Transfer, and Relocation A llo w a n ce s........... . . .
Seniority in Promotion and Transfer Provisions......................... . . .
Administration of Negotiated Pension, Health, and
Insurance P la n s .......................................................................... . . .
Layoff, Recall, and Worksharing P rocedures............................. . . .
Administration of Seniority............................................................ . . .
Hours, Overtime and Weekend Work ......................................... . .

1425-1............. ............1964 ........................... . . .$ 1.45
1.80
1425-2............. ............1965 ........................... . . .
1425-3.............
1425-4.............
1425-5.............
1425-6..............
1425-7..............
1425-8.............
1425-9.............
1425-10...........
1425-11...........

............1965 ...........................
............1966 ...........................
........... 1966 ...........................
........... 1966 ...........................
........... 1969 ...........................
........... 1969 ...........................
........... 1969 ...........................
........... 1969 ...........................
........... 1970 .........................

1425-12............
1425-13...........
1425-14............
1425-15 ..........

........... 1970
........... 1972
........... 1972
........... 1974

. ..
...
...
...
. ..
...
...
...

1.80
1.10
1.35
2.40
1.05
1.10
1.90
1.55

1.25

.........................
......................... . . .
......................... . . .
..........................

1.00
1.75

1.25
1.45

. . . $22.20

Total for all 15 Bulletins ................................................................

Regional Office
Bureau of Labor Statistics
U.S. Department of Labor
To order, check the bulletins wanted
above, and mail with payment, to your nearest
Bureau of Labor Statistics regional office.
MAKE CHECK PAYABLE TO
SUPERINTENDENT OF
DOCUMENTS. Prices of Government
publications are subject to change.




1603 Federal Building, Boston, Mass. 02203
1515 Broadway, New York, N.Y. 10036
P.O. Box 13309, Philadelphia, Pa. 19101
1371 Peachtree Street, N.E., Atlanta, Ga. 30309
230 S. Dearborn Street, Chicago, III. 60604
911 Walnut Street, Kansas City, Mo. 64106
555 Griffin Square Building, Dallas, Texas 75202
450 Golden Gate Ave., San Francisco, Calif. 94102

☆

U. S. G O V E R N M E N T P R IN T IN G O F F I C E : 1976 O - 210-882 (192)

BUREAU OF LABOR STATISTICS
REGIONAL OFFICES

Region V

Region I

1603 J F K Federal Building
Government Center
Boston, Mass. 02203
Phone: (617) 223-6761

9th Floor
Federal Office Building
230 S. Dearborn Street
Chicago, III. 60604
Phone: (312) 353-1880

Region II

Suite 3400
1515 Broadway
New York, N.Y. 10036
Phone: (212) 399-5405
Region III

555 Griffin Square Building
Dallas, Tex. 75202
Phone: (214) 749-3516
Regions V II and V I I I *

911 Walnut Street
Kansas City. Mo. 64106
Phone: (816) 374-2481

3535 Market Street
P.O. Box 13309
Philadelphia, Pa. 19101
Phone: (215) 596-1154

Regions IX and X * *

Region IV

1371 Peachtree Street, NE.
Atlanta, Ga. 30309
Phone: (404) 526-5418




Region V I
Second Floor

450 Golden Gate Avenue
Box 36017
San Francisco, Calif. 94102
Phone: (415) 556-4678

* Regions VII and VIII are serviced by Kansas City
** Regions IX and X are serviced by San Francisco
Rev. 8/76

U. S. Department of Labor
Bureau of Labor Statistics
Washington, D.C. 20212

Postage and Fees Paid
U.S. Department of Labor
Third Class Mail

Official Business
Penalty for private use, $300




Lab-441