Grievances

Click here for the grievance narrative, which describes the grievance process in more detail.

Instructions
Please print information in the space provided on the form, a copy of which can be accessed by clicking here. If any portion of this form does not apply, please indicate by marking N/A in the appropriate box. If enough space is not provided in any section of the form, please attach additional pages.

Note
Documentary evidence is invaluable for any successful grievance. Therefore, please attach all documentary evidence, (i.e. memo book entries, copies of roll calls, department memos, overtime slips, etc.).

Grievance and Arbitration Procedures

Article XXII of the Collective Bargaining Agreement between the City of New York and the Patrolmen's Benevolent Association sets forth the Grievance and Arbitration Procedure. Article XXII defines a grievance as:

1. a claimed violation, misinterpretation or inequitable application of the provisions of this Agreement;

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 this Section 1a, 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 this Agreement; (Bill of Rights Section).

4. a claimed improper holding of an open-competitive rather than a promotion examination;

5. a claimed assignment of the grievant to duties substantially different from those stated in the grievant's job title specification.

There are five (5) steps to the Grievance Arbitration Procedure:

1. Presentation of grievance to the Commanding Officer, either orally or in writing. (This step can be initiated by the individual officer(s) or by their delegate on behalf of the officer(s)).

2. If a grievance is not satisfactorily resolved at Step I, submit appeal in writing to the Borough Reviewing Officer. (In practice, delegates should consult their borough union representatives for possible informal resolution at the command or borough level).

3. Submission of grievance to Chairman of the Personnel Grievance Board. (There are certain grievances, which present issues that affect members on a Department wide level or are of such scope that make resolution at Steps I and II impracticable. Therefore, such grievances may be instituted at Step III. Such grievances are generally processed by the General Counsel's Office through borough union representatives).

4. Police Commissioner for review.

5. Impartial Arbitration. (It should be noted that the PBA reviews all Step IV denials to determine whether to proceed to arbitration. Not all grievances are approved for submission to arbitration and only the union is permitted to present grievances for arbitration). David M. Nicholson from this office is responsible for presenting all grievance arbitrations.

While this somewhat formal process is delineated in the collective bargaining agreement, in practice, most grievances are processed by police officers through their respective delegates or borough representatives at the command or borough levels. In most instances, delegates are the key actors in the grievance process. Accordingly, delegates should serve as the initial advocate for the members they represent.

IMPORTANT: PUBLIC SECTOR LAW HAS FOUND THAT THE AVAILABILITY OF THE GRIEVANCE OR ARBITRATION PROCEDURE SHALL NOT JUSTIFY A FAILURE TO FOLLOW LAWFUL ORDERS. THE RULE IN MOST CIRCUMSTANCES IS "OBEY NOW, GRIEVE LATER."

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