Click here for the Grievance
narrative, which describes the grievance process
in more detail.
Instructions:
Please print information in the space provided on 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:
-
a claimed violation, misinterpretation
or inequitable application of the provisions of this Agreement;
-
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;
-
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).
-
a claimed improper holding of an open-competitive
rather than a promotion examination;
-
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:
-
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)).
-
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).
-
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).
-
Police Commissioner for review.
-
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."
