Back to Instructions for Filing a Grievance

One of the most important ways that the PBA protects the rights of its members is by filing grievances on their behalf and taking those grievances to arbitration if they are not resolved through informal resolution mechanisms within the department.

The current grievance procedure is contained in Article XXII of the Collective Bargaining Agreement between the PBA and the City of New York. By contractual definition, a grievance is:

1. A claimed violation, misinterpretation or inequitable application of the terms of the contract.
2. A claimed violation, misinterpretation or misapplication of the written rules, regulations or procedures of the Police Department affecting terms and conditions of employment provided that (except as otherwise provided in the grievance section of the contract) the term “grievance” shall not include disciplinary matters.
3. A claimed violation, misinterpretation or misapplication of the Guidelines for Interrogation of Members of the Police Department referred to in article XX of the contract (PG 118-9).
4. A claimed improper holding of an open-competitive rather than a promotional examination.
5. A claimed assignment of the grievant to duties substantially different from those stated in the grievant’s job-title description.

In summary, a grievance may be filed to protest violations of the contract or written rules, regulations or procedures of the Police Department affecting terms and conditions of employment excluding disciplinary matters.

Grievances must be filed within 90 days following the date when the grievance arose or when the grievant should reasonably have learned of the grievance.

The contract outlines a four-step grievance procedure. In addition to the contract language, a practice has developed in the processing of grievances: generally, the officer involved brings the grievance to the delegate or appropriate board officer, who then attempts to resolve the matter at the precinct level. If this is unsuccessful, a written grievance is submitted to the PBA office, which files it directly (Step III of the grievance procedure) with the Personnel Grievance Board. Before this Board, which meets monthly, PBA representatives fully discuss the merits of each grievance in an effort to protect fully the rights of our members. Should an adverse decision result, the PBA appeals to the Police Commissioner. If the commissioner denies the appeal, the union may then bring the grievance to impartial arbitration, pursuant to the New York City Collective Bargaining Law and the Consolidated Rules of the New York City Office of Collective Bargaining. The arbitrator is selected from a rotating panel of five arbitrators agreed to by the PBA and the city.

Typical grievances alleging contractual violations include the failure to pay overtime; failure to pay overtime for improperly rescheduled tours (failure to give 24-hour notice as required by contract, failure to give seven days notice of rescheduling for the six days specified in the contract upon which the department may reschedule, or other rescheduling violations not permitted by the contract or past practice); failure to pay appropriate recall entitlement; failure to pay appropriate amount of night shift differential; and failure to pay correct overtime travel guarantee (portal-to-portal).

Due to the 90-day limitation, it is extremely important that members act promptly when they believe they have a grievance. When an officer feels that his or her contractual rights have been violated, it should be brought to the immediate attention of a delegate and/or board member. Only if this is done can the PBA fight to protect your rights and make the grievance process work to protect the rights of all members the way it was designed to do.