Collective Bargaining

Agreements for State and

County Government

Employees

U. S. Department of Labor 

Bureau of Labor Statistics 

1976

Bulletin 1920

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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

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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

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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.

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Contents

Page

Chapters:

1. Introduction ....................................................................................................................................................... 1

Scope and method of s tu d y ........................................................................................................................ 1

General characteristics of agreements ...................................................................................................... 1

2. Administrative provisions ............................................................................................................................... 5

Management rights ....................................................................................................................................... 5

Antidiscrimination clauses ......................................................................................................................... 6

Residency requirements ............................................................................................................................. 7

Political activity ............................................................................................................................................ 7

Job-related legal a id ...................................................................................................................................... 7

Union secu rity ............................................................................................................................................... 8

Dues checkoff .......................... 9

Labor-management committees ................................................................................................................ 10

Union activities ............................................................................................................................................ 12

3. Personnel actions ........................................... 20

Promotions ..................................................................................................................................................... 20

Temporary transfers .................................................................................................................................... 22

Probationary period ...................................................................................................................................... 23

Disciplinary procedures............................................................................................................................... 24

Demotions ...................................................................................................................................................... 25

Reduction in fo rc e ........................................................................................................................................ 26

4. Hours and o vertim e.......................................................................................................................................... 31

Scheduled weekly hours .............................................................................................................................. 31

Scheduled days per week ........................................................................................................................... 32

Overtime ........................................................................................................................................................ 33

5. Wage-related provisions .............................................................................................................................. 39

Wage surveys ................................................................................................................................................ 39

Longevity pay ............................................................................................................................................... 39

Work clothing and uniform allowances ................................................................................................... 40

Safety equipment ............................................................................................................................... 41

Automobile allowances ............................................................................................................................... 42

Shift differentials .......................................................................................................................................... 43

Wage adjustments ........................................................................................................................................ 43

6. Leave .......................................................... 47

Vacations ....................................................................................................................................................... 47

Holidays .......................................................................................................................................................... 49

Other payments for time not worked ....................................................................................................... 50

Unpaid leaves of absence ........................................................................................................................... 56

7. Working conditions .......................................................................................................................................... 62

Work assignments ........................................................................................................................................ 62

Restrictions on subcontracting................................................................................................................... 63

Restrictions on work by supervisors ........................................................................................................ 63

Training ............................................................................................................................................................64

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Contents—Continued

Page

Chapters—Continued

Moonlighting ....................................................>.......................................................................................... 67

8. Grievance and impasse procedures............................................................................................................. 70

Scope of the grievance procedure ........................................................................................................... 70

Grievance settlement .................................................................................................................................. 71

No-strike provisions ........................................... 72

Negotiations .......................................................... 73

Impasse procedures ............................................. 73

Approval by higher authority ................................................................................................................... 74

Savings clau ses............................................................................................................................................. 75

Tables: State and county collective bargaining agreements, 1972-73—

1. By region and level of government ............................................................................................................. 3

2. By size of bargaining unit and level of government ................................................................................ 3

3. By government activity and level of government .................................................................................... 3

4. By occupational group..................................................................................................................................... 4

5. By duration and level of government .......................................................................................................... 4

6. Management rights and antidiscrimination provisions by level of government .................................. 16

7. Union security provisions by level of government and government activity ...................................... 17

8. Dues checkoff provisions by government activity ................................................................................... 18

9. Union security provisions by dues checkoff.............................................................................................. 18

10. Labor-management and related committees by level of government ................................................... 18

11. Union activity provisions by level of government ................................................................................... 19

12. Paid time for union business by level of government .............................................................................. 19

13. Promotion procedures by occupational group ........................................................................................... 29

14. Seniority as a factor in promotion by occupational group ...................................................................... 29

15. Disciplinary procedures by level of government ...................................................................................... 30

16. Demotion procedures by level of government .......................................................................................... 30

17. Reduction-in-force provisions by level of government and occupational group ................................ 30

18. Scheduled hours in the workweek by occupational group ...................................................................... 37

19. Scheduled days in the workweek by level of government ...................................................................... 37

20. Overtime provisions by occupational group .............................................................................................. 38

21. Overtime rates by daily and weekly overtime ..... 38

22. Compensatory time by occupational group ......... 38

23. Selected wage provisions by level of government ................................................................................... 46

24. Wage adjustments by duration of agreement ............................................................................................. 46

25. Maximum paid vacations by level of governm ent..................................................................................... 60

26. Number of paid holidays by level of government ..................................................................................... 60

27. Selected payments for time not worked by level of governm ent........................................................... 61

28. Leave of absence provisions by level of government .............................................................................. 61

29. Selection of work assignments and restrictions on subcontracting and work

by supervisors by occupational group ..................................................................................................... 69

30. Training provisions by occupational g ro u p ................................................................................................. 69

31. Grievance machinery by level of government ........................................................................................... 76

32. No-strike provisions by level of government ............................................................................................ 76

33. Negotiation impasse procedures by level of government ....................................................................... 76

Appendix: Identification of clauses ........................................................................................................................... 77

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Chapter I. Introduction

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 agreements 

covering State and county employees. It provides data 

on a wide variety of contract provisions, describes 

them, and presents 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 Agreements in State and Local Governments, much of which 

is presented by level of government.1

Scope and method of study

For this study, the Bureau examined 318 collective 

bargaining agreements and related documents covering 

340,447 w orkers employed 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 agreements, such as memoranda of understanding and

The first of these is Characteristics of Agreements in State and

Local Governments, Jan. 1, 1974, BLS Bulletin 1861 (Bureau of

Labor Statistics, 1975).

unilateral prom ulgations resulting from bilateral 

negotiations, were included in this study. For convenience 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. Contract 

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 circumstances, the Bureau can only analyze the specific language 

appearing in contracts and hope that it closely reflects 

the rules under which the parties operate.

General characteristics of agreements

Region. More than three-fourths of the agreements 

studied, covering more than four-fifths of the employees, were from three regions—the East North Central, 

Pacific, and Middle Atlantic (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 Massachusetts (25).

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 contracts 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.

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

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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 enforcement, 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 

these functions usually are carried 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.

Occupational coverage. More than 55 percent of the 

agreements covered single occupational groups, most 

frequently blue-collar or professional/technical employees (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. 

Where 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.

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.

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).

Organizational affiliation. More than 60 percent of the 

agreements in the study were negotiated by unions affiliated with the AFL-CIO. The remainder were negotiated by an independent union (the Teamsters) or by 

various employee associations:

Agreements Workers

All agreements.................... 318 340,447

AFL-CIO unions ............................

International Brotherhood of

193 181,819

Teamsters (Ind.) ........................

Combination AFL-CIO and

10 1,196

Teamsters .................................... 1 450

Associations .................................... 114 156,982

O n ly fo u r e m p lo y e e o rg a n iz a tio n s had m o re than 10

c o lle c tiv e b argain in g a g re em en ts in th e stu d y:

Agreements Workers

American Federation of State,

County and Municipal

Employees (AFL-CIO) ............. 139 136,073

Service Employees International

Union (AFL-CIO) .....................

Civil Service Employees Associa32 32,619

tion (Ind.) ....................................

International Brotherhood of

32 47,464

Teamsters (Ind.) ........................ 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 Municipal 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 Association, the American Association of University Professors, 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 particular occupational groups.

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Table 1. State and county collective bargaining agreements by region and

level of government, 1972-73______________________________________

Region

All

agreements

Level of government

State County

Agreements Workers Agreements Workers Agreements Workers

Total ............... 318 340,447 106 151,257 212 189,190

New England .............. 26 33,325 21 32,124 5 1,201

Middle Atlantic ......... 69 124,828 18 62,500 51 62,328

East North Central .... 99 55,536 36 29,205 63 26,331

West North Central .... 16 9,797 7 8,463 9 1,334

South A tla n tic ............ 19 15,517 11 2,705 8 12,812

East South Central .... 3 1,490 1 169 2 1,321

West South Central ... - - - - - —

M ountain .................... 5 1,759 3 1,549 2 210

P a c ific ........................ 81 98,195 9 14,542 72 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

All

agreements

Level of government

State County

Agreements Workers Agreements Workers Agreements Workers

Total ............... 318 340,447 106 151,257 212 189,190

50-99 .......................... 57 4,012 14 1,019 43 2,993

100-299 ...................... 85 14,040 22 4,152 63 9,888

300-499 ...................... 56 20,976 15 5,676 41 15,300

500-999 ...................... 42 29,538 19 12,319 23 17,219

1,000-4,999 ............... 62 136,307 27 53,091 35 83,216

5,000 and o ve r........... 16 135,574 9 75,000 7 60,574

Table 3. State and county collective bargaining agreements by government activity and level of

government, 1972-73______________________________________________________________

Government activity

All

agreements

Level of government

State County

Agreements Workers Agreements Workers Agreements Workers

Total ............................................. 318 340,447 106 151,257 212 189,190

Agricultural services ............................... 3 984 3 984 - -

Central administration ............................. 15 18,209 6 7,784 9 10,425

Central services ........................................ 4 3,272 - - 4 3,272

Correctional in stitu tio n s .......................... 9 2,475 5 1,860 4 615

C o u rts ........................................................ 14 8,494 1 4,000 13 4,494

Education................................................... 36 38,832 34 36,682 2 2,150

Employment/compensation....................... 4 10,600 4 10,600 - -

Fire protection .......................................... 8 7,474 - - 8 7,474

Health/medical ......................................... 45 42,473 13 21,940 32 20,533

Law enforcement ...................................... 29 18,137 7 5,261 22 12,876

Libraries and related services ................ 1 117 - — 1 117

Public transportation................................ 3 12,200 3 12,200 - -

Public utilities ......................................... 2 252 - - 2 252

Public works ............................................. 46 15,065 7 8,100 39 6,965

Regulatory agencies/licenses .................. 4 4,516 4 4,516 - -

Sanitation and related services .............. 1 850 - - 1 850

Social welfare .......................................... 21 18,728 6 8,986 15 9,742

Jurisdictionwide1 ...................................... 73 137,769 13 28,344 60 109,425

"•Included are all agreements covering all employees of the government jurisdic- as uniformed services or a parks and recreation department, 

tion without exception and those in a limited number of specified agencies such

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Table 4. State and county collective bargaining agreements by occupational

group, 1972-73___________________________________________________

All

Occupational group agreements

Agreements Workers

Total ................................................................................................... 318 340,447

Blue-collar or manual .................................................................................. 73 30,021

68,974

2,739

31,750

5,830

21,032

10,051

12,911

157,139

Professional or technical ............................................................................. 67

Clerical .......................................................................................................... 4

Police and f ir e ............................................................................................... 31

Blue-collar and clerical ............................................................................... 10

Professional, technical, and clerical .......................................................... 6

Blue-collar and professional ....................................................................... 14

Police, fire, and clerical .............................................................................. 5

Multiple occupations not defined or not listed above1 .............................. 108

1As a rule, agreements which do not define occupa- excluded from coverage, such as police, firefighters, or adtional coverage state that they cover “all," “all classified,” ministrative personnel, and by inference include all others,

or “all civil service” employees. Some specify only employees

Table 5. State and county collective bargaining agreements by duration and

level of government, 1972-73

Duration

All

agreements

Level of government

State County

Agreements Workers Agreements Workers Agreements Workers

Total ............... 318 340,447 106 151,257 212 189,190

Less than 12 months . 8 10,213 1 50 7 10,163

12 months .................. 96 82,554 23 29,159 73 53,395

13 to 23 months ........ 37 53,799 20 41,978 17 11,821

24 months .................. 101 117,877 35 37,868 66 80,009

25 to 35 m o nths ........ 15 17,762 5 4,290 10 13,472

36 months .................. 52 46,215 17 34,225 35 11,990

More than 36 months . 4 2,925 3 925 1 2,000

Not specified .............. 5 9,102 2 2,762 3 6,340

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Chapter 2. Administrative Provisions

Management rights

A management rights provision describes those functions 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 limited 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 bargaining 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 statement is sufficient and avoids the possible loss of rights 

through oversights which might occur in developing an 

enumerated list. But advocates of enumerated statements feel that the slight danger of overlooking a particular 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) 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 regulations governing the conduct and the activities of employees are retained by the State.

(2) 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.

Enumerated statements can be brief or lengthy in 

listing the rights retained by management and the limitations put on these rights by the collective bargaining 

agreement:

(3) The employer reserves and retains, solely and exclusively, 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) Except as expressly limited by other provisions of

this agreement, all of the authority, rights and responsibilities 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 management 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 employees in positions within the agency;

4. To establish reasonable work rules of conduct;

5. To suspend, demote, discharge or take other appropriate 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 management 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

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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.

It is agreed by the parties that none of the management rights noted above or any other management 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, compensation and fringe benefits, examinations, discipline, merit salary determination policy, and other

actions provided for by law and rules governing

civil service are excluded front the collective bargaining process and that none of the provisions of

the agreement are to be construed as bargaining

with respect to the aforementioned subjects.

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) Except as expressly limited by other provisions of

this agreement, all of the authority, rights and responsibilities possessed by the employer are retained by it.

(7) The County retains and reserves unto itself all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the Commonwealth of

Pennsylvania and all matters not covered by this

agreement.

Antidiscrimination clauses

Over three-fourths of the agreements, covering 85 

percent of the employees, contained antidiscrimination 

clauses (table 6). Usually these prohibited discrimination 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 behavior to ancestry, physical handicap, and political affiliation of employees. Seventeen of the contracts, on 

the other hand, limited the antidiscrimination clause to 

union membership only:

(8) 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 operation of the department. The employer shall grant

reasonable leave of absence to employees whenever

required in the performance of duties as “duly authorized representatives of the union.” “ Duly authorized representative” means a member of regularly

constituted committees and/or officers of the union.

In recent years, various groups have advocated protection for employees from all forms of discipline for conduct away from the job. One agreement took this into 

account, extending the bar against discrimination to 

behavior held to be legal:

(9) 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 discrimination because of age, sex, marital status, race,

color, creed or national origin or political activity, private 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:

(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, implying thereby that any discriminatory behavior was 

prohibited whether it was related to the contract or not:

(11) The State and the Association hereby agree that there

shall be no discrimination against any employee because 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 concern. For instance, discrimination in hiring or treatment 

on the job, or discrimination because of union membership was singled out as prohibited:

(12) 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) The Department will not interfere with or discriminate in respect to any terms or condition of employment

against any employee covered by this agreement because of membership in, or legitimate activity as described in this agreement on behalf of the union, nor will

the Department encourage membership in another

union.

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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 membership or office, treatment of employees and union

members, services rendered, or facilities supplied by

the Department or union.

The presence of an antidiscrimination provision implies 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 

employees to bypass internal procedures. In one 

agreement, the right to go outside was spelled out:

(14) 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.

Residency requirements

Clauses requiring employees to live within a specified 

area are generally intended to keep emergency personnel or workers in essential services close to their place 

of work, or to achieve a sense of community involvement and responsibility. At their inception in the 

1930’s, residency requirements were designed to limit 

available jobs to unemployed citizens of the local jurisdiction. Only two agreements in this study contained 

residency requirements; both were concerned with 

keeping bargaining unit employees within a reasonable 

distance of the worksite:

(15) 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) 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 residents of Clark County. Permanent electrical workers

working out of Camas Headquarters must live within

thirty minutes travel time of that headquarters.

Political activity

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 most forms of political activity. Where 

clauses exist in agreements, they are negotiated to grant

exceptions to these prohibitions. One of the three 

clauses found in this study provided for leaves of absence 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:

(17) . . . 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) 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

Public employees, most notably police and firefighters, hospital employees, and social welfare workers, 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. 

Nearly one-half of these provisions were in Los 

Angeles County agreements:

Agreem ents Workers

Total with job-related

legal aid............................. 26 38,933

Los Angeles County agreements.. 12 19,151

County agreements other than

Los Angeles................................. 11 8,300

State agreements............................. 3 11,482

Some agreements stipulated that law enforcement personnel 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:

(19) Employees covered by this agreement shall be provided, by the employer, a policy of false arrest liability

insurance. The premiums for such insurance will be

paid by the County.

(20) The County shall provide insurance coverage for employees 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

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agreements employers were required to provide them 

with insurance as protection should damages 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.

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 accordance 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 employee of the County, and will pay any judgment rendered against the employee.

Union security

Union security arrangements were found in 29 percent of the agreements studied (table 7). This low prevalence can be explained in part by ordinances in some 

States and counties that expressly prohibit such arrangements. Union security provisions appeared in a 

relatively high proportion of agreements 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 modified union shop.

Agency shop. Agency shop provisions generally require 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 employee, as an agency service fee, the sum of one dollar

and fifty cents ($1.50) per week, which amount is proportionately 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

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 contribution equal to union dues in lieu of a service fee:

(25) An employee who is a member of the union on the

effective date of this agreement shall continue his membership 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.

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 within 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:

(26) Any employee covered by this agreement who is a

member of the union at the time this agreement becomes 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 continued 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 standing 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 employees of the employer covered by this agreement who

are members of the union in good standing on the effective date of this agreement shall remain members in

good standing. It shall also be a condition of employment that any and all employees covered by this agreement and hired on or after its effective date shall, on the

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thirtieth day following the beginning of such employment, become and remain members in good standing in

the union.

Modified 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 seniority employees or may exclude all employees who were 

not union m em bers when 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) 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 condition 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.

(29) 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 probationary period on the effective date of this agreement, as a

condition of employment, must join the association beginning 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 association 61 days from their date of hire as a condition of

employment. Employees transferred into the bargaining 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.

Maintenance o f membership. Twenty-one agreements 

included maintenance-of-membership clauses. These 

provide for continued membership of presently enrolled 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 employees 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:

(30) Each employee who, on the effective date of this

agreement, is a member of the union, and each employee 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) Each employee who, on the effective date of this

agreement, is a member of the union, and each employee 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 condition.

State and county legislation can have a significant 

impact on the prevalence of union security provisions. 

Pennsylvania State law, for example, makes maintenance 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 membership.

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. ...”

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 employer, 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 administration.

As table 9 indicates, dues checkoff provisions accompanied union security clauses in nearly all instances, as would be expected. Most often however, 

dues checkoff occurred in the absence of union security 

arrangements.

Checkoff provisions generally included three features: (1) written authorization by the employee to de3Summary of 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).

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duct dues; (2) protection of employers from suits resulting from illegal or" wrongful deductions; and

(3) remittance to the union of dues withheld:

(31) Employees shall tender monthly checkoff membership dues by signing the Authorization for Checkoff

Dues Form. Dues to be deducted after six months probationary period.

During the life of this agreement and in accordance

with the terms of the form of Authorization for Checkoff of Dues Form, hereinafter set forth, the County

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 executes or

has executed the “Authorization for Checkoff Dues

Form” attached hereto and made a part hereof as Exhibit “A” .

Checkoff deductions under all properly executed Authorization 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 following 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.

(32) 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 executes 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 employees shall be remitted together with an

itemized statement to the treasurer by the 15th of the

current month after such deductions are made.

(33) . . . 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, employees or any party by reason of the requirements of

this article for the remittance or payment of any sum

other than that constituting actual deductions made

from employee wages earned. The union shall save the

employer harmless against any and all claims, demands, suits, orders, judgments or other forms of liability that may arise out of or by reason of action taken by

the employer under this article.

In three instances, provisions were included for 

reimbursing the employer for the cost of deducting 

dues:

(34) 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.

Labor-management committees

Twenty-three percent of the agreements studied contained clauses which established 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 committees 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:

(35) 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 President 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 President 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 designated by the County Executive.

Meetings of the Committees shall be scheduled by

mutual agreement of the County and the union but in no

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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 objectives 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 representatives. 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) 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 expression, a Joint Union-Employer Health and Safety committee 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 bargaining unit employees at the Home and will submit in

writing any recommendations it may have to the Commandant of the Home.

(38) The employer and representative shall designate a

safety committee member. It shall be their joint responsibility to investigate and correct unsafe and unhealthful conditions. They shall meet periodically, as necessary, to review conditions in general, and to make recommendations to either or both parties when appropriate. The safety committee member representing the

representative shall be permitted a reasonable opportunity to visit work locations throughout the employer’s

facilities where employees who are covered by this

agreement perform their duties, for the purpose of investigating safety and health conditions, during working 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.

(39) . . . The committee shall also be the means of handling

problems that may arise concerning safety of working

conditions. Each of the parties recognizes the importance of protecting the health, life and limb of employees 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 employer, one of whom shall be the superintendent. All

recommendations with respect to safety shall be

adopted by a majority of the committee. If the committee is unable to reach a majority decision on any question of safety, the question shall be referred to the

person or persons selected by a majority of the committee 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 understanding of the deliberations of the committee.

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 inequities:

(40) The committee shall make recommendations to the

department as are necessary to accomplish a meaningful affirmative action program consistent with the policy positions set forth by the County Board of Supervisors. Such recommendations shall, as soon as feasible, 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.

(41) A Joint Affirmative Action Career Development

Committee shall be established for the purpose of considering and developing proposals aimed at improving

and enlarging the career opportunities of minorities and

women in the Commonwealth’s service. The Committee shall consist of eight members, four members appointed 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 employees covered by this agreement.

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To identify and correct existing employment inequities.

To develop training programs aimed at preparing employees for advancement to higher level positions.

Such programs may include in-service training,

utilizing the internal resources of the Commonwealth, or out-service training that makes use of

educational and other community resources.

The Commonwealth shall, when compiling such information, inform the Joint Affirmative Action Career

Development Committee of management’s projections

of manpower requirements based on contemplated increases in existing services, new programs, and normal

attrition of the work force.

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 government 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 nonduty 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 nonwork hours upon obtaining permission from the

employer’s personnel officer or his designated representative. 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. Arrangements 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. executive 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 working day or during the lunch period and shall be prearranged with the Department Head.

(44) On twenty-four hours’ notice to the appropriate authority, 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 involving 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 publicizing union business. Many of the provisions were

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 provision. In several instances, the provisions prohibited the 

posting of material that was considered by the employer 

to be either political, libelous, inflammatory, or denunciatory in nature. The employer could be permitted to 

post notices pertaining to transfer, job, and promotional 

opportunities:

(45) The employer shall provide bulletins boards at locations 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 affiliated;

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 permanently assigned employees represented by this bargaining 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.

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

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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 Manager 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 purpose 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” literature as defined above. The County agrees not to destroy

or discard the “union” literature contained in the time

clock boxes.

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) AAUP shall have the right to make reasonable use of

the University facilities and equipment, including duplicating, computing and office equipment, and available

audiovisual equipment, all in accordance with University procedures. AAUP shall pay reasonable costs for

the use of facilities and equipment.

(50) The union shall have reasonable use of the

employer’s mail distribution system to employees, provided that such use does not require additional mailing

expenditures by the employer. The employer, however, 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 conducting 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 representatives. 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. Contract administration, adjustment of grievances, and observation of working conditions were commonly accepted reasons for visiting the workplace. Other stipulations permitted the employer to designate the work 

areas the representative could visit or provided an escort to accompany the representative where unlimited 

access could not be allowed:

(51) 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 reserves the right to designate a meeting place or to provide a representative to accompany the union officer

where operational requirements do not permit unlimited access.

(52) Authorized CAPE representatives may be given access to work locations during working hours to conduct

grievance investigations and observe working conditions. 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 representatives on the current list ....

Union steward or representative functions. The duties 

of the employee organization’s stewards and representatives were specified in four-fifths of the agreements 

studied. Provisions did not usually include much detail 

concerning the functions of stewards or representatives, 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 posting notices, transmitting messages, and consulting with 

the employer on working conditions and enforcement 

of the agreement:

(43) Absence from work assignments for union activities

will be permitted for those actively participating in (a)

collective bargaining negotiations with County representatives; (b) grievance procedures to which reference 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.

(53) 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;

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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 representatives; and

Consult with the public employer, his representatives, local union officers, or other union representatives concerning the enforcement of any provisions of this agreement.

(54) The County recognizes the right of the employees to

designate three representatives of the C.S.E.A. to represent 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 matters, 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 occasion may reasonably require such an appearance.

Paid time o ff for union business. Provisions granting 

employees who were union representatives time off 

with pay to conduct union business were fairly common, appearing in 75 percent of the agreements studied 

(table 12). The largest number provided time without 

loss of pay or benefits for union representatives, generally stewards, to investigate, prepare, and process employee grievances. Provisions for paid time for negotiations 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 administration of the contract. Virtually all of the paid time provisions 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 

steward’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 steward’s regularly assigned work and the logging of any compensatory or overtime pay as a result of 

union activity was prohibited:

(55) The steward may investigate any alleged grievance

and assist in its presentation. He shall be allowed

reasonable time therefore during working hours without loss of time or pay, upon notification and with the

approval of his immediate supervisor and such approval

shall not be unreasonably withheld.

(56) 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

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 constitute 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 constitute 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.

(31) The bargaining unit shall be represented by one steward 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.

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. Representatives 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 countywide agreements covering several activities:

(57) The County agrees that it will permit and pay representatives of the association who are regular County

employees, time while on the job to resolve association

grievances and time to meet with County representatives 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.

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(58) A reasonable number of employees serving on

UUP’s negotiating team shall be granted reasonable

and necessary employee organization leave, including

travel time, for the purpose of negotiating with representatives of the State.

(34) 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.

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:

(59) 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) 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 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. 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.

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

purposes. One provision allowed additional time without pay, upon approval, should these limits be exceeded. 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:

(61) 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.

(11) 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 Association 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 authorities. 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 meeting or convention.

It is further agreed that such time off shall not be

considered “ hours of work” for purposes of determining eligibility for overtime compensation.

(62) 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 contract year during the term of this contract. Such absences under this section shall be approved if not less

than five working days’ notice is given to the

em ployee’s supervisor and provided that the

employee’s absence will not unreasonably interfere

with the University’s operations.

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Table 6. Management rights and antidiscrimination provisions in State and county

collective bargaining agreements by level of government, 1972-73____________

All Level of government

Provision

agreements State County

Agreements Workers Agreements Workers Agreements Workers

Total ............... 318 340,447 106 151,257 212 189,190

Management rig h ts.... 

Antidiscrimination pro226 253,765 87 123,059 139 130,706

vision .........................

Traditional antidiscrimination pro248 290,001 94 129,887 154 160,114

vision1 ...................

Union membership

231 265,327 87 125,964 144 139,363

o n ly ....................... 17 24,674 7 3,923 10 20,751

1A traditional antidiscrimination provision lists the kinds of 

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.

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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

No

reference

to

union

security

Item

All

agreements Total Union

shop

Modified

union

shop

Agency

shop

Maintenance

of

membership

Agreements Workers

Agreements Workers

Agreements WorkersAgreements Workers

Agreements Workers

Agreements WorkersAgreements Workers

T otal... 318 340,447 93 71,715 26 5,673 10 1,920 36 27,344 21 36,778 225 268,732

LEVEL OF 

GOVERNMENT

State............... 106 151,257 31 31,660 9 2,239 6 1,359 8 4,076 8 23,986 75 119,597

Los Angeles 

County........ 41 61,312 41 61,312

All other 

counties..... 171 127,878 62 40,055 17 3,434 4 561 28 23,268 13 12,792 109 87,823

GOVERNMENT

ACTIVITY

Agricultural 

services..... 3 984 3 984

Central administration..... 15 18,209 5 4,146 2 270 1 164 1 712 1 3,000 10 14,063

Central 

services ..... 4 3,272 1 236 1 236 3 3,036

Correctional 

institutions. 9 2,475 3 390 2 285 1 105 6 2,085

Courts............ 14 8,494 3 410 — — 1 80 2 330 — _ 11 8,084

Education....... 36 38,832 12 5,514 2 612 2 826 8 4,076 _ _ 24 33,318

Employment/ 

compensation ............ 4 10,600 4 10,600

Fire protection........ 8 7,474 8 7,474

Health/ 

medical....... 45 42,473 16 9,457 6 951 1 244 1 87 8 8,175 29 33,016

Law enforcem ent........... 29 18,137 9 2,240 1 450 1 50 5 770 2 970 20 15,897

Libraries and 

related 

services..... 1 117 1 117

Public transportation.... 3 12,200 3 12,200

Public

utilities ....... 2 252 2 252 2 252

Public w orks... 46 15,065 22 4,072 5 586 2 150 11 2,557 4 778 24 10,993

Regulatory 

agencies/ 

licenses ..... 4 4,516 2 2,575 1 75 1 2,500 2 1,941

Sanitation and 

related services ........... 1 850 1 850

Social welfare. 21 18,728 5 572 2 151 — — 3 421 — — 16 18,156

Jurisdictionwide............ 73 137,769 13 41,851 4 2,115 1 331 3 18,050 5 21,355 60 95,918

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Table 8. Dues checkoff provisions in State and county collective bargaining

agreements by government activity, 1972-73__________ ________________

Government activity

All

agreements Dues checkoff

Agreements Workers Agreements Workers

T o ta l................................................. 318 340,447 266 286,148

Agricultural services.................................... 3 984 3 984

Central administration ................................ 15 18,209

3,272

2,475

8,494

12 12,037

3,272

2,365

8,097

35,102

Central services ........................................... 4 4

Correctional institutions ............................. 9 8

C o u rts ........................................................... 14 10

Education ...................................................... 36 38,832

10,600

7,474

42,473

30

Employment/compensation .......................... 4 4 10,600

4,899

40,941

16,537

117

Fire protection ............................................. 8 4

Hea Ith/med ic a l............................................. 45 38

Law enforcement ......................................... 29 18,137 25

Libraries and related services ................... 1 117 1

Public transportation .................................. 3 12,200

252

2 3,400

Public u tilitie s ............................................. 2 1 91

Public works ................................................ 46 15,065

4,516

850

37 11,886

4,516

850

Regulatory agencies/licenses...................... 4 4

Sanitation and related services .................. 1 1

Social w e lfare .............................................. 21 18,728

137,769

19 18,603

Jurisdictionwide .......................................... 73 63 111,851

Table 9. Union security provisions in State and county collective bargaining

agreements by dues checkoff, 1972-73

Provision

All

agreements

Agreements 

with dues checkoff provisions

No reference 

to

dues checkoff

Agreements Workers Agreements Workers Agreements Workers

Total .......................... 318 340,447 266 286,148 52 54,299

Total with union security .... 93 71,715 87 70,861 6 854

Union shop ................... 26 5,673 22 5,240 4 433

Modified union shop .... 10 1,920 8 1,499 2 421

Agency shop ................

Maintenance of member36 27,344 36 27,344 — —

ship ............................

No reference to union

21 36,778 21 36,778 — —

security ............................. 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

All Level of government

Provision

agreements

State County

Agreements Workers Agreements Workers Agreements Workers

Total ........................... ............ 318 340,447 106 151,257 212 189,190

Labor-management committee ......... 74 130,723 44 89,427 30 41,296

Safety committee ................................

Equal employment opportunity

58 62,468 32 41,825 26 20,643

committee ...................................... 2 16,752 1 14,500 1 2,252

NOTE: Nonadditive. An agreement may contain more than one 

of the provisions listed.

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Table 11. Union activity provisions in State and county collective bargaining

agreements by level of government, 1972-73__________________

All Level of government

Provision

dgreemenib

State County

Agreements Workers Agreements Workers Agreements Workers

Total ........................................ 318 340,447 106 151,257 212 189,190

Facilities for meetings ...................... 50 111,394 29 81,227 21 30,167

Publicity and bulletin boards ........... 223 271,336 91 121,172 132 150,164

Visiting rights .................................... 151 190,998 68 79,591 83 111,407

Steward and representative 

fu nction s ......................................... 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

Provision

dgieemenii

State County

Agreements Workers Agreements Workers Agreements Workers

Total ........................................ 318 340,447 106 151,257 212 189,190

Total with paid time for

union b u sin ess ................... 237 290,976 91 129,404 146 161,572

Grievance preparation and

processing ...................................... 98 118,156 21 19,464 77 98,692

N egotiations........................................ 12 9,545 4 1,980 8 7,565

Union conventions or training

sessio n s .......................................... 14 31,067 6 20,325 8 10,742

Grievances and negotiations ............ 50 57,500 25 35,677 25 21,823

Grievances, negotiations, and

conventions..................................... 14 35,213 9 30,336 5 4,877

Grievances and conventions .............. 46 34,580 23 16,707 23 17,873

Negotiations and conventions ........... 3 4,915 3 4,915 — —

Addendum:

Grievance preparation and

processing ...................................... 208 245,449 78 102,184 130 143,265

Negotiations ........................................ 79 107,173 41 72,908 38 34,265

Union conventions or training

se ssio n s .......................................... 77 105,775 41 72,283 36 33,492

NOTE.- The first part of the table presents the various com- the total for each type of union business, 

binations of paid time for union business; the addendum shows

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Chapter 3. Personnel Actions

Promotions

In the days before collective bargaining, decisions to promote employees were, in many jurisdictions, a function of civil service or merit promotion rules and regulations. These had been established 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 regulations, since they were controlled by management 

alone. State and local civil service commissions, they 

felt, could not truly represent the interests of employees except within the narrow range defined by 

their original intent; namely, protection against the 

worst aspects of the spoils system.

Once employee organizations were formed and 

began to grow , em ployees, for the first tim e, 

could seek a voice in how promotion procedures 

were written and administered. At the very least, 

existing procedures could be incorporated into the 

agreement 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 employees were to be selected 

for consideration when prom otion opportunities 

opened and, when considered, what factors would 

be applied in making the selection of the individual to be promoted.

In determining which employees would be considered 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 employee to initiate the process. In a variation of this approach, employees might be required 

to make a general showing of interest to the personnel departm ent, after which they would be automatically considered for any job for which they 

might qualify.

Over three-fourths of the agreements referring to 

promotions took another approach, one which involved, first, the posting of job vacancy announcements in prominent places, and second, the subsequent bidding for them by interested employees 

(table 13). If they w anted to be considered for 

promotion, in other words, employees had to initiate action on each higher grade opening that was 

announced. No one would be considered who did 

not apply.

Provisions dealt w ith several aspects of this 

posting-bidding procedure, including specifying 

whether the union was to receive notice of vacancies, and where postings were to be made. They 

might stipulate time limits on how long postings 

would be open and on how many days em ­

ployees would have to apply. How to settle disputes on the tim eliness of applications, as well 

as rules on to whom employees may apply, might 

be set forth. Finally, clauses might require that 

postings show a job description, a listing of duties, 

and the pay scale:

(63) The employer agrees to post vacancies at appropriate 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.

(64) When a new position is created or a vacancy

occurs in any existing position listed under Addendum “ 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 listing 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 .... Whenever a position is vacated in positions other than

listed under Addendum “ A” , a notice of vacancy

will be placed in conspicuous areas such as bulletin boards to advise present em ployees of the

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vacancy and qualified employees of the opportunity

to make application.

(65) Whenever there is a position or job opening or

contemplated opening within the bargaining unit,

either as a result of a termination, promotion,

transfer, or creation of a new position and the employer 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.

(66) 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 classification 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 Department 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.

If the vacancy was not filled following posting, 

several different actions could be taken. The vacancy 

could be permanently filled by hiring or by transferring in a qualified employee from outside the bargaining unit; temporarily filled; or reposted:

(67) . . . At the end of the fifth day a notice will

be posted showing the name of the applicant selected 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 employee or transferring a qualified probationary employee or a

qualified junior employee. In order to provide continuity of service while filling a vacancy or a new

job, the hospital shall have the right to fill openings

and make transfers on a temporary basis pending

the selection of an employee (including completion of

the qualification period) for a job under these provisions.

(55) 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.

(68) . . . When a position is not filled after the first

posting, or the employer does not hire a new employee 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 promotion procedures designated the basis upon which promotions 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 ployee’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:

(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 provision 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 selected 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 employee 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) . . . Senior employees shall have preferences of employment and promotional opportunities for noncompetitive jobs and to choose their work shifts and to

work at the job for which the pay is the highest, providing such employees are qualified for such work, the

qualifications to be determined by the employer. The

union reserves the right to exercise the grievance procedure 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 promotion were relatively equal. Conversely, if there was

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a wide disparity in skill, then the most qualified 

would be chosen without reference to seniority:

(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.

In determ ining skill and ability, 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, where it was particularly 

pertinent to the work, the applicant’s physical condition:

(1) 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.

Another measure of skill and ability was the written 

or oral test. Thirty percent of the promotion procedures specifically required candidates to pass examinations, 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) The employer shall post on the applicable employing unit bulletin boards notices of all promotional

examinations for bargaining unit positions within the

employing unit involved and shall furnish the appropriate local union with eight copies of such notices.

The parties agree the above notices are for informational purposes only.

(75) 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.

(76) 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.

Temporary transfers

Through temporary 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 problems can arise that move the issue of 

temporary 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:

Agreements Workers

All agreements studied .... 318

Referring to temporary

promotions...................................... 139

Pay while on promotional

assignment ......................... 83

Time limits on promotional

assignments........................ 25

Both ........................................ 31

No reference to temporary

promotions............................... 179

340,447

150,579

79,993

40,830

29,756

189,868

These clauses could also deal with assignments to 

lower rated jobs and describe how an employee 

was to be selected for higher or low er rated 

temporary 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:

(18) The facility may make temporary promotions or

demotions:

a. If the temporary promotion or demotion is to a

more desirable position, the highest senior employee from among those qualified shall be given

the position.

b. 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 demotion 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. . . .

(77) In cases of prolonged absence from duty, or other

emergencies, a department head, with the consent

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of the County Administrator, may, in writing, temporarily 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.

Provisions could also define what was meant by 

“ temporary” 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 permanent vacancy 

or the employee had to return to the former job. 

The agency, however, might be prevented from removing the employee if it would do so in order to 

avoid making it a permanent assignment. The employee’s occupancy of the job 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 employee the right to bid on the 

job:

(78) 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 confirmation 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.

(79) Employees in any classification are expected to

perform any duties to which they may be assigned.

When an employee of a higher classification is

transferred temporarily to a lower classification he

shall receive the higher rate of pay, and when an

employee 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 classification 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 temporary 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

not remove from any such temporary job such

employee for the purpose of avoiding job posting.

(39) The Board shall have the right to temporarily

transfer employees within the bargaining unit, irrespective of their seniority status, from one job classification 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 absences. 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 ....

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:

Agreements Workers

All agreements studied .... 318 340,447

Referring to probationary period.. 174 154,346

No reference to probationary

period ......................................... 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 demoted to a job for which they were 

qualified if they did not do well on the jo b to 

which they had been promoted. Newly hired employees acquired seniority at the end of the probationary period, often retroactive to the first day 

of hire.

(33) All new employees shall serve a probationary period

of 1,040 hours of work. Any employee whose employment 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 classification shall be made after six months of employment, on a retroactive basis. Only new employees

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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 purpose 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 employee’s probationary period exceeds six months and

if such employee satisfactorily completes such probationary 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) New employees hired in the unit shall be considered as probationary employees for the first ninety

consecutive calendar days of their employment.

When an employee completes 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 completed 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 activity . . . .

Disciplinary procedures

Almost one-half of the agreements in this study 

referred to disciplinary procedures for State and local 

governm ent employees (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 procedures, governm ent disciplinary regulations are 

usually those administered by an independent agency

or perhaps promulgated by the State or local legislature:

(80) D ism issals, suspensions, demotions and disciplinary 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.

(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.

Clauses 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) . . . 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 representation on any matter including discussions on disciplinary action.

Because discipline is a vital issue to employees, 

various aspects are likely to be spelled out in provisions, including causes for disciplinary action, disciplinary measures, such as oral or written reprimand, 

hearings, and penalties, and, finally, reinstatement and 

back pay, if disciplinary action is successfully 

challenged:

(81) 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 involving 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

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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 employee, it shall be done in a manner that will not

embarrass the employee before other employees 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 employer 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 notification 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 accomplished 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 discharge 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 determination made by the arbitrator.

(82) Without limitation upon any right of discharge or

discipline expressly provided for elsewhere in this

agreement, the County shall have the right to discharge, suspend or otherwise discipline any employee 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 violation of the aforementioned, shall first warn the employee 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 violation 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 employee 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 discharge, suspension or other disciplinary action is not

upheld during the grievance and arbitration procedures 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.

In a few instances, disputes over discipline could be 

expedited by bypassing the early steps of the grievance procedure:

(83) The parties recognize the authority of the employer

to suspend, demote, discharge or take other appropriate disciplinary action against employee for just

cause. An employee who alleges that such action

was not based on just cause, may appeal a demotion, 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.

Demotions

Clauses referring to demotion procedures were included in one-sixth of the agreements (table 16). 

Demotions usually were included in agreements as 

one possible disciplinary penalty. However, reasons 

for demotion 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) Any employee covered by this agreement who is

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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 available 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 performance 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 department 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 employees the opportunity to voluntarily 

choose a job in a lower classification in lieu of 

layoff. An employee could move to a vacant, lowerrated position, or, more commonly, more senior 

employees could “bump” those with less seniority. 

As a means of minimizing layoffs for regular workers, 

some agreements provided for first terminating temporary and probationary workers:

(86) When the Board determines that layoffs are required 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

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

place will be included in the computation. The following periods of leaves without pay are creditable for

computing retention points:

a. Educational-professional improvement.

b. Employment at the State Legislature.

c. Loan to other government agencies.

d. Industrial injury.

e. United States military service.

f. Child care.

g. Union.

h. Illness.

2. Educational officers shall have rights to positions

held by other bargaining units educational officers in

the following order:

a. To positions occupied by temporary educational officers who are in the same class and at the

same salary range.

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 educational 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 educational 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. . . .

(35) In the event it becomes necessary to lay off employees 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 ....

Reduction in force

Fifty-six percent of the agreements studied included 

a provision governing the layoff of employees (see 

table 17). This proportion is low compared to private 

industry, but understandably so since reduction in 

force in State and local government is often governed 

by civil service regulations. Nevertheless, layoffs have 

become a growing area of concern to employees, once 

considered to be in secure jobs for life, as fiscal 

problems of local governments have caused some 

severe cutbacks in services and employment.

Layoff provisions covered a wide variety of related 

actions including attempts to avoid or minimize layoffs, the actual layoff procedure, and the order of 

recall. Not all clauses covered all aspects, but some 

did, in varying detail. Before the actual layoff of

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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 illustrations 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 rehire. 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-Treasurer, 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) . . . For layoff purposes, an employee’s seniority

shall determine the order to be followed. In a department, the employee with the least seniority shall be

the first to be laid off until the total number of employees 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 department.

(3) When all displacement possibilities are exhausted within the department, the employee shall

have the right to displace in other departments.

Permanent non-competitive and labor class employees shall have the right to displace noncompetitive and labor class employees with lesser

seniority in lower jobs previously held on a permanent basis in the department. When all displacement possibilities are exhausted within the department, the employee shall have the right to displace

in other departments ....

(90) 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 subtitle may be exempt from the procedure by management. 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 student 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 becomes 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 layoff, management will notify the affected employee^) 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 subtitle within an employing unit to not less than 32

hours per week and such reduction shall not be considered 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.

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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 laterally 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 transfer 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 qualifications 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 probationary 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 employing 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 current 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 according 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 performing 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 employer 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 employment 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.

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Table 13. Promotion procedures in State and county collective bargaining agreements by occupational

group, 1972-73

All agreements

Agreements with 

reference 

to promotions

With bidding Referring to factors in promotion

Occupational group system Total Examination Skill and ability Seniority

Agreements Workers Agreements

Workers Agreements Workers Agreements

Workers Agreements Workers Agreements Workers Agreements Workers

Total............................. 318 340,447 204 194,416 158 145,085 187 172,048 61 62,020 154 143,977 157 136,207

Blue-collar or m anual............ 73 30,021 56 22,321 49 17,284 53 22,084 11 7,582 47 20,542 51 19,407

Professional or te ch n ical....... 67 68,974 28 24,079 19 19,585 22 19,508 8 5,752 18 17,231 12 12,699

C le ric a l.................................... 4 2,739 4 2,739 4 2,739 4 2,739 _ _ 4 2,739 4 2,739

Police and fire ......................... 31 31,750 12 13,450 5 8,950 10 5,649 6 3,681 5 2,450 5 2,077

Blue-collar and cle rica l.......... 10 5,830 6 5,300 6 5,300 5 4,476 1 1,300 5 4,476 5 4,476

Professional, technical, and 

clerical................................. 6 21,032 3 3,317 3 3,317 3 3,317 1 226 3 3,317 3 3,317

Blue-collar and professional .................................. 14 10,051 12 9,692 12 9,692 12 9,692 2 2,974 11 9,218 9 2,095

Police, fire, and cle rica l........ 5 12,911 3 6,855 2 4,055 3 6,855 1 4,000 2 2,855 2 2,855

Multiple occupations not defined or not listed above1... 108 157,139 80 106,663 58 74,163 75 97,728 31 36,505 59 81,149 66 86,542

1See footnote 1, table 4. 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 Reference to seniority

Occupational group

All agreements

Total Sole factor Primary factor Secondary factor1

but no reference to 

role of seniority

Agreements

Workers

Agreements

Workers

Agreements

Workers AgreementsWorkers

Agreements

Workers

Agreements

Workers

Total .................... 318 340,447 157 136,207 9 17,101 55 25,157 64 63,074 29 30,875

Blue-collar or manual.....

Professional or techni73 30,021 51 19,407 2 550 25 5,229 16 7,188 8 6,440

cal................................. 67 68,974 12 12,699 — — 1 4,250 7 6,717 4 1,732

C lerical............................. 4 2,739 4 2,739 — — 2 2,575 2 164 — —

Police and fir e ................

Blue-collar and

31 31,750 5 2,077 — — — — 2 668 3 1,409

c le rica l........................

Professional, technical,

10 5,830 5 4,476 — — 2 660 2 2,516 1 1,300

and clerical..................

Blue-collar and pro6 21,032 3 3,317 — — 1 226 2 3,091 — —

fessional ......................

Police, fire, and

14 10,051 9 2,095 1 151 4 481 4 1,463 — —

c le ric a l.........................

Multiple occupations 

not defined or 

not listed

5 12,911 2 2,855 1 2,800 1 55

above2 .......................... 108 157,139 66 86,542 5 13,600 19 11,681 29 41,267 13 19,994

includes 1 agreement, covering 2,466 employees, where seniority was a primary 2See footnote 1, table 4.

factor in lower labor grades and a secondary factor in higher grades.

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Table 15. Disciplinary procedures in State and county collective bargaining

agreements by level of government, 1972-73

Procedure

All

agreements

Level of government

State County

Agreements Workers Agreements Workers Agreements Workers

Total........................................... 318 349,446 106 151,257 212 189,190

Total with disciplinary procedures..... 153 177,451 66 87,571 87 89,880

Negotiated procedure....................... 128 153,961 51 77,200 77 76,761

Agency procedure.............................. 6 2,488 3 830 3 1,658

B o th ................................................... 14 11,802 10 8,641 4 3,161

Other1 ................................................ 5 9,200 2 900 3 8,300

No reference to disciplinary

procedures......................................... 165 162,996 40 63,686 125 99,310

disciplinary procedures were regulated in 1 agreement cov- ments covering 8,650 workers by a State law. 

ering 550 workers by a State personnel board, and in 4 agreeTable 16. Demotion procedures in State and county bargaining agreements by

level of government, 1972-73

Procedure

All

agreements

Level of government

State County

Agreements Workers Agreements Workers Agreements Workers

Total.......................................... 318 340,447 106 151,257 212 189,190

Total referring to demotion

procedures......................................... 53 80,254 26 46,501 27 33,753

Disciplinary....................................... 25 27,494 10 12,847 15 14,647

Reduction-in-force............................ 17 15,933 8 10,238 9 5,695

B o th ................................................... 11 36,827 8 23,416 3 13,411

No reference to dem otion..................... 265 260,193 80 104,756 185 155,437

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 Workers Agreements Workers Agreements Workers Agreements Workers

Total .................................................... 318 340,447 179 157,134 45 41,789 130 108,590

LEVEL OF GOVERNMENT

State ................................................................. 106 151,257 68 76,957 14 12,027 45 59,847

C o un ty.............................................................. 212 189,190 111 80,177 31 29,762 85 48,743

OCCUPATIONAL GROUP

Blue-collar or manual .................................... 73 30,021 54 19,692 18 4,475 48 15,308

Professional or te ch n ica l................................ 67 68,974 25 38,125 6 14,014 12 21,027

C le ric a l............................................................ 4 2,739 3 2,625 1 2,500 3 2,625

Police and fire ................................................ 31 31,750 6 1,019 _ _ 6 1,019

Blue-collar and clerical ................................. 10 5,830 7 4,230 — — 3 3,126

Professional, technical,and clerical ............ 6 21,032 3 3,317 — — 3 3,317

Blue-collar and professional ......................... 14 10,051 11 7,192 4 608 8 2,015

Police, fire and clerical ................................. 5 12,911 2 2,855 1 55 — —

Multiple occupations, not defined or not

listed above1 ................................................ 108 157,139 68 78,079 15 20,137 47 60,153

dee footnote 1, table 4. NOTE: Nonadditive. An agreement may contain more than one of the provisions listed.

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Chapter 4. Hours and Overtime

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 frequently established 37Vi-hour schedules. Longer 

workweeks were concentrated among blue-collar employees, working especially for State and county highway 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) 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 (except clerical); Airport (except clerical);

Sheriff

35.0 hours-All other departments; Highway and

Airport Clerical

An employee automatically accepts the standard

workweek of the department as a condition of employment.

(92) For the purpose of this agreement, employees will be

classified as follows:

Regular Full Time Office 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 Maintenance 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.

(42) The workweek shall consist of five consecutive work

days in a pre-established work schedule except for employees 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

employer at any institution, public health region or

employee health services unit without the prior agreement of the association.

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 employers have attempted to reduce costs:

(21) 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 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:

(93) 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 nonconstruction 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 ....

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 employment nor a limitation on the number of hours that could 

be worked:

(94) 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

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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.

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 workweek was Monday 

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 contract language especially fitted for continuous service 

operations or for agencies whose activities might extend 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 Courthouse open from 12:00 noon to 1:00 p.m., the employees 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 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 overtime, the

twenty-four hour workday will begin at 6:45 a.m. . . .

(8) The regular work day shall consist of eight continuous 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 provided for 40 hours per week on an “ annualized basis” 

and indicated in its overtime clause that some employees 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 elimination of the 4-day week, but also presented detailed rules 

to follow if it was not eliminated:

(97) Except as otherwise provided in this article, employees 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 workdays 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 satisfactory service, an employee may elect to participate.

6. Employees who participate in the four-day week

will suffer or incur no loss of wages, fringe benefits, 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.

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b. Holiday time will be credited on an eight-hour

basis for all employees. Ten-hour day employees 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 employees 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 agreement 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. Management shall notify CEA of any proposed

changes and provide an opportunity to confer at

the earliest practicable time.

Very few contracts varied days per week; these usually did so by occupation or department. In the case of 

the protective services and their need to operate continuously, 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) 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, except 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 arrangements to accomplish this requirement.

(101) 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 ....

Overtime

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 payments for working the same overtime hours, clauses 

could stipulate that there would be no “ pyramiding.” 

Sim ilarly, to prevent 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 continuous 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 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 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 overtime, 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 contract 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 Criminal Procedure Law, Par. 10.10 (3).

Equal distribution o f overtime. Provisions which stated 

that overtime was to be distributed equally among employees were found in one-half of the agreements containing overtime provisions (table 20). Clauses could be 

quite complex, including items such as the basis for

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making overtime assignments and the methods of keeping 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 department 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 assignment, overtime work refused by an employee was generally recorded as overtime worked. Records of overtime 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 records 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) When the employer determines that overtime is

necessary, the employer will, whenever practicable,

assign such overtime work in accordance with seniority among those employees assigned to the work station 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 available.

(104) The University will rotate overtime opportunities

among qualified employees in a department who normally 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 include a list of overtime hours worked and refused with

overtime awarded to the employee within the department who on the roster has the fewest aggregate hours

worked and refused. If an employee on a shift is offered 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 overtime (not less than 2 hours) for purposes of this section.

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 volunteers are not available in the required numbers, then

overtime assignments will be made to qualified employees following the “juniority” principle, i.e., to

the least senior qualified employees.

(105) 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.

(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 department 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) Overtime hours shall be divided as equally as possible 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.

Equal distribution clauses could be waived when employees with specific skills or qualifications were required 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) . . . 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.

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(14) Overtime within a unit of distribution shall be distributed 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 distribution is assigned the work on an overtime basis. In this

connection the University need not call in an employee 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.

(109) . . . 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 overtime hours worked and declined by each employee

shall be posted on the employee bulletin board

monthly.

Right to refuse overtime. The employer’s right to 

schedule hours of work has been modified through collective 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 bargaining issue. Management is seeking the work force flexibility 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 employees were protected from disciplinary action if they 

refused overtime work:

(110) There shall be no discrimination against any employee who refuses overtime.

But overwhelmingly, contract provisions reached a 

compromise between the needs of employer and employee. Employees could refuse overtime, but not in an 

emergency and not if it made it difficult for the unit to 

function effectively:

(111) No employee shall be censured for refusing to work

overtime, except in emergency ....

(112) An employee may refuse overtime as long as his

refusal does not work a hardship on the department

concerned.

(105) In assigning overtime work, the employer agrees to

consider any circumstances that might cause such an

assignment to be an unusual burden upon the employee. When such circumstances do exist, the employee shall not be required to work unless his absence in the judgment of his supervisor would cause

the employer to be unable to meet its responsibilities.

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 purposes of equal distribution of overtime, refusal would 

be charged to overtime worked:

(60) Overtime work required by the Commissioner is

mandatory and cannot be refused. An employee assigned 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 arrangements, he must work the overtime as assigned. Once a

substitute accepts said overtime, he becomes responsible for working same.

(113) 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 voluntarily 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) Rutgers will make every reasonable effort to provide 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 qualifications and abilities of the employees in the seniority unit. Any refusal of overtime work shall be recorded as overtime worked by the employee ....

Overtime rates. Seventy-two percent of the 262 agreements 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:

(115) 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 1 Vi times the regular rate of pay.

(35) 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 cer35

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tain time off with pay to be counted as hours worked, 

including holidays, vacations, personal leave, sick 

leave, and compensatory time off:

(3) The following provisions apply to all areas of work

in the bargaining units except those specifically covered by the original letters of agreement, the contents 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.

(6) 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.

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.

Compensatory time. Thirty-two percent of the overtime 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) The present practice of compensatory time off for

overtime work shall be continued; provided, however, 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 conflagrations or other duly authorized emergencies.

(117) 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.

(118) 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.

Compensatory time off only shall accrue to employees 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 compensatory time would be provided at premium or straighttime rates. The remainder did distinguish in this manner, 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 accumulated. 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 instances, compensatory time could be carried over into 

the next year:

(20) An employee may accumulate 64 hours at straight

time or 96 hours at overtime rate of compensatory

time during any calendar year after which accumulation the County must give and the employee must

accept cash payment.

(119) 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) It is agreed that employees who accrue compensatory 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 employees 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 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 administrator could deny employees the time they had 

chosen. But this power was not to be abused. Consequently, some contracts made denial a grievable issue 

or required the employer to give an explanation for the 

action:

(120) With the prior approval of departmental management, accumulated compensatory time off may be

taken by an employee. Management will not un36

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reasonably withhold approval for such compensatory

time off . . .

(121) Compensatory time - equal time off. This is taken

at employee’s convenience, consistent with the efficient operation of his (her) agency. Such time off

requires prior approval by supervisor. Denial of

compensatory time must be explained.

Table 18. Scheduled hours in the workweek in State and county collective bargaining agreements by

occupational group, 1972-73

Referrin to workweek

Occupational group

All agreements

Total Less than 

40 hours1 40 hours More than 

40 hours2 Varies3

Reference to 

workweek; no 

reference to 

weekly hours

No reference 

to workweek

Agreements Workers Agreements Workers Agreements Workers Agreements Workers Agreements Workers Agreements Workers Agreements Workers Agreements Workers

Total........................................ 318 340,447 275 300,244 26 27,125 177 203,214 14 7,880 20 10,463 38 51,562 43 40,203

Blue-collar or manual........................ 73 30,021 69 29,556 52 25,935 9 1,424 4 609 4 1,588 4 465

Professional or technical..................... 67 68,974 52 52,500 4 3,000 34 34,307 __ _ 3 2,961 11 12,232 15 16,474

Clerical.............................................. 4 2,739 4 2,739 2 2,550 1 75 __ __ 1 114 __

Police and fire.................................... 31 31,750 22 26,472 1 130 14 23,721 3 289 1 50 3 2,282 9 5,278

Blue-collar and clerical....................... 10 5,830 10 5,830 2 1,460 5 4,020 __ _ 3 350 _ _ _ _

Professional, technical, and 

clerical............................................ 6 21,032 6 21,032 1 158 5 20,874

Blue-collar and professional................ 14 10,051 14 10,051 _ __ 11 8,518 _ _ _ _ 3 1,533 _ _

Police, fire, and clerical...................... 5 12,911 2 2,855 __ __ 1 2,800 1 55 _ _ _ __ 3 10,056

Multiple occupations not defined 

or not listed above4......................... 108 157,139 96 149,209 16 19,827 54 82,964 1 6,112 9 6,493 16 33,813 12 7,930

11ncludes 1 agreement which provided for a 38-hour workweek, 17 agreements which provided 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,

1 a 48-hour workweek, and 1 firefighter agreement which provided for a 55-hour workweek.

includes 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

Level of government

Provision

Mil d g lC C I I I C I I li

State County

Agreements Workers Agreements Workers Agreements Workers

Total ............................................. 318 340,447 106 151,257 212 189,190

Total referring to scheduled days 

in the workweek ....................... 272 298,939 95 122,849 177 176,090

5 days .................................. 198 206,466 71 88,758 127 117,708

Days vary1 ............................. 5 7,902 — — 5 7,902

Protective service scheduling2 .................................. 3 271 3 271

Reference to days in workweek; no reference to number 

of d a y s .............................. 66 84,300 24 34,091 42 50,209

No reference to scheduled days in 

workweek .................................. 46 41,508 11 28,408 35 13,100

includes 4 agreements in which the days of the workweek varied by occupation or department, and 1 agreement in which the days varied with the work schedule.

2 Protective service scheduling refers to the complex arrangements necessary to maintain continuous operations by police 

and fire departments. Lengthier than normal daily shifts 

of 10, 14, or 24 hours often resulted in weekly schedules 

of 4 days in one week and 5 days in the next.

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Table 20. Overtime provisions in State and county collective bargaining agreements by occupational group,

1972-73

Overtime provisions

Equal

distribution of 

Occupational group overtime

All agreements

Total Daily overtime Weekly overtime Daily and weekly 

overtime

Reference to 

overtime-, 

no details given

Right to refuse 

overtime

Agreements

Workers Agreements Workers Agreements Workers Agreements Workers Agreements Workers Agreements Workers Agreements Workers Agreements 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......................... 73 30,021 66 29,305 1 77 9 7,059 46 14,519 10 7,650 22 9,681 44 22,482

Professional or technical..................... 67 68,974 45 43,949 1 68 8 9,976 17 16,498 19 17,407 6 5,792 10 11,878

Clerical.............................................. 4 2,739 4 2,739 ___ ___ ___ — 3 2,625 1 114 — — 2 125

Police and fire.................................... 31 31,750 22 25,647 2 745 2 3,320 10 8,472 8 13,110 3 8,782 7 9,143

Blue-collar and clerical....................... 10 5,830 10 5,830 2 650 — — 5 3,750 3 1,430 2 3,766 4 4,416

Professional, technical, and 

clerical............................................ 6 21,032 6 21,032 2 317 4 20,715 _ _ 1 91

Blue-collar and professional................ 14 10,051 13 9,751 1 263 1 4,623 8 3,332 3 1,533 5 4,153 7 4,474

Police, fire, and clerical...................... 5 12,911 3 6,855 — — 1 55 1 2,800 1 4,000 1 4,000 — —

Multiple occupations not defined or 

or not listed above1......................... 108 157,139 93 139,618 7 20,533 17 20,327 45 77,853 24 20,905 29 41,248 55 94,952

1See footnote 1, table 4. 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 ........................................... 175 184,556 141 143,812 163 162,620

Straight-time rate ....................................

Reference to overtime rate; no details

8 8,956 4 4,340 7 8,806

given ...................................................... 6 4,350 6 4,350 5 4,100

includes 1 agreement covering 13,000 workers which pro- NOTE: Nonadditive. An agreement may contain more than 

vided premium pay for daily overtime for employees whose one of the provisions listed, 

salary level was below a given amount.

Table 22. Compensatory time in State and county collective bargaining agreements by occupational group, 1972-73

Referring to compensatory time

Occupational group

All agreements

Total Straight time Premium time

Reference to 

compensatory time; 

no details given

Agreements Workers Agreements Workers Agreements Workers Agreements Workers Agreements Workers

Total............................................ 318 340,447 83 144,742 19 28,497 22 58,085 42 58,160

Blue-collar or m anual........................... 73 30,021 14 12,824 2 2,398 3 1,700 9 8,726

Professional or te ch n ical...................... 67 68,974 19 20,474 4 2,918 _ _ 15 17,556

C le rica l................................................... 4 2,739 — — — _ _ _ _ _

Police and fire ....................................... 31 31,750 12 12,657 1 130 6 6,538 5 5,989

Blue-collar and cle rica l........................ 10 5,830 2 2,546 2 2,546 _ __ _ __

Professional, technical, and clerical... 6 21,032 3 20,557 1 3,000 __ __ 2 17,557

Blue-collar and professional................ 14 10,051 — — — — __ __ __ _

Police, fire, and clerical....................... 5 12,911 — — — — __ __ _ _

Multiple occupations not defined or 

not listed above1............................... 108 157,139 33 75,684 9 17,505 13 49,847 11 8,332

1See footnote 1, table 4.

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Chapter 5. Wage-Related Provisions

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 affect take-home pay, and are no less important to government employers who must weigh the cost of personnel against available sources of revenue in those State 

and county operations which are significantly labor intensive.

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, provisions may exist in personnel manuals or other documents outside the collective bargaining agreement. But 

some of these matters, as noted below, are becoming 

subjects for joint labor-management determination.

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 provisions 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 

government agreements, clauses have been found 

which provide elaborate rules for the conduct of wage 

surveys.4 However, clauses in the present study uniformly 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) 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.

4See, for instance, Collective Bargaining Agreements for Police

and Firefighters, Bulletin 1885 (Bureau of Labor Statistics, 1976).

(123) 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 statement to the Department of Personnel, if and when

agreement is reached.

Longevity pay

Over one-quarter of the agreements studied provided 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 semiannual or annual payment. The amount was usually 

graduated by years of service and could be calculated 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 receive during the month of December a longevity payment 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

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. Calculations usually used an employee’s continuous service, 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:

(125) 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

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$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 entitled thereto, shall be paid annually with the pay

period ending November 30th. In the event of retirement 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) 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.

(127) 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 according to the following rules and schedule of payment.

Longevity pay shall be based on an employee’s

continuous service with the employer as herein defined. Longevity pay shall be computed as a percentage 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

hiring date in accordance with the following provision:

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 employment only during the employer’s academic year

provided they return to work upon commencement of the immediately following academic

year ....

Longevity pay shall be based on the following

schedules:

Continuous Service Annual Longevity Pay

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

Work clothing and uniform allowances

Two-fifths of the agreements 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 government activity, most were in contracts in law enforcement, 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 provided for police officers, firefighters, and workers in 

health and medical facilities; work clothing, for employees 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 government would issue clothing annually:

(76) The employer agrees to provide a uniform allowance of two hundred dollars per year per employee to

be paid directly to employees in two semiannual installments. 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.

(128) The parties agree to jointly recommend to the Board

of Supervisors an amendment to the County Ad40

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ministration Code to provide for the issuance of two

shirts and two trousers, as prescribed by management, 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.

Contracts covering law enforcement 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 hospitals, could receive replacement clothing for those damaged by patients or could be guaranteed replacement 

funds. Occasionally agreements listed procedures to be 

followed in processing a claim:

(130) 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) Management will replace clothing or prosthetic appliances (eyeglasses, dentures, etc.) if they are torn or

damaged by a patient.

(131) The employer shall reimburse employees for uniforms, clothing, or other personal property which is

destroyed by patients as provided in Chapter 30, Section 9c . . . .

Outlined below is the procedure to be followed in

processing claims of personnel for repair or replacement 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 reviewed by qualified

personnel . . . who will recommend, in writing,

to the superintendent acceptance or disallowance 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 outside agencies ....

Safety equipment

Twenty-two percent of the agreements in the study 

provided employees with safety equipment (table 23).

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 government retained ownership, except where the safety 

equipment was custom fitted, such as safety glasses and 

shoes:

(132) If any employee is required to wear protective clothing, or any type of protective device as a condition

of employment, such protective clothing, or protective device shall be furnished without cost to the employee by the County; the cost of maintaining the

protective clothing in proper working condition (including 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 Department Safety Committee and the Department Director due to recognized eye hazards normal to their

work, will have such glasses furnished by the County

to a prescription furnished by the employee.

(133) 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, prescription 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 individually fitted safety shoes.

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) The employer shall provide hard hats to all employees and shall also provide rain gear, when emergency 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.

(60) . . . Before an employee covered by this agreement is required to participate in a relief capacity

for a member of the tactical force, he shall be issued

the necessary protective equipment.

(55) 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

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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

Employees could face disciplinary action, even dismissal, for failure to make use of the safety equipment 

provided:

(134) 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 necessary 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.

Automobile allowances

Allowances for authorized use of an employee’s automobile 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 educational 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 vehicle 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 thereafter.

(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.

Some contracts guaranteed a minimum payment 

where use of a private vehicle was authorized. Employees could also be reimbursed for extra expenses 

such as parking fees or toll charges:

(110) 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 reimbursed if supported by appropriate receipts.

A few contracts permitted employees to choose between a cents-per-mile allowance 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:

(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 purpose, provided they fill out a daily report on forms

provided by the employer. In lieu thereof, such employees 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 service, 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 reimbursement:

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 payment 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.

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.

Recognizing that work-related use of an employee’s

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car can increase insurance costs, one clause stated that 

authorization to pay the resulting difference in insurance rates would be sought:

(84) State owned vehicles will be placed under the control for assignment by the Regional Administrator. He

shall endeavor to assign such vehicles so as to reduce

the number of instances in which employees customarily must transport clients in privately owned

automobiles in the course of their duties. Where employees must still transport clients in private vehicles,

the department shall seek the authorizations to reimburse the employees for the difference in the insurance rates.

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 percentage 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 included a guarantee of a minimum cents-per-hour payment:

(114) 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 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) An employee, except physicians and dentists, medical 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 assigned 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.

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

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.

(138) 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.

(139) County em ployees working other than the

scheduled daytime hours shall receive a shift differential 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 applicable, 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 applicable, 10% additional to hourly rate.

In a few instances, the differential varied by occupation:

(140) . . . 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.

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 insure 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.

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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 contracts were most often made on a percentage basis; this 

arrangement maintained existing relative pay differentials between workers in various occupations and 

categories. Most provisions granted a uniform percentage increase to all employees. However, the amount of 

the increase was graduated in a few provisions:

(141) Effective December 1, 1973, a 4.5% general increase shall be applied to each step within the salary

range for the represented classes.

Effective December 1, 1974, a 4.5% general increase shall be applied to each step within the salary

range for the represented classes.

Effective December 1, 1975, a 2.5% general increase shall be applied to each step within the salary

range for the represented classes.

(142) 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 6V2 percent.

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 additional 7 percent increase in yearly salary effective

January 1, 1976.

Among deferred wage provisions were those which 

established a cents-per-hour floor for percentage increases. The floor assured lower paid employees a 

minimum increase:

(23) 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:

(143) Effective July 1, 1974, 150 per hour increase will be

added to the above rates, which includes all employees 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.

(144) Effective Dates of Below Rates:

Job Classifications: HI 174 1/4175 6121/75

Mechanic........................ . $4.51 $4.71 $4.76

Survey Crew................. . 4.51 4.71 4.76

Alternate Operator....... . 4.47 4.67 4.72

Crane Operator............. 4.46 4.66 4.71

Bulldozer........................ . 4.36 4.56 4.61

Tractor Trailer.............. 4.36 4.55 4.61

Crew Leader................. 4.34 4.54 4.59

Grader Operator........... 4.33 4.53 4.58

Semi-truck..................... 4.30 4.50 4.55

Heavy Truck................. . 4.23 4.43 4.48

Light Truck & Equipment ............................ 4.17 4.37 4.42

Alternate Operator

Trainee...................... 4.14 4.34 4.39

Laborer........................... 4.07 4.27 4.32

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 quarterly, semiannually, or annually, could be based on an 

index prepared for all U.S. cities or one for a specific 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 adjustments. Some clauses stipulated that the escalator increase 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 adjustments that had been made:

(145) A cost-of-living allowance will be determined in

accordance with changes in the Consumer Price

Index (all cities) published by the Bureau of Labor Statistics, U.S. Department of Labor (1957-

1959=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 Cost-of-Living Allowance

122.9 - 123.6 .010

123.7 - 124.0 .020

124.1 - 124.4 .030

124.5 - 124.8 .040

124.9 - 125.2 .050

130.9 - 131.2 .200

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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) 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 Average, 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;

If the method of computing the Index is changed the

parties shall apply the Index as presently calculated.

(141) 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 future 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 payment 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) Cost-of-living -1974. If the New York - Northeastern New Jersey Consumer Price Index issued by the

U.S. Department of Labor, Bureau of Labor Statistics

during December 1973 has increased over the corresponding 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.

Contract reopeners. Contract reopening provisions 

permit the further negotiation of wages and specified 

contractual matters at designated times during the contract 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 

security. As a rule, agreem ent reopeners were 

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:

(147) 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, vacations, insurance and uniforms) and any future reopeners 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.

(148) 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) 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 department 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 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.

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 conditions to specific items such as negotiation of a pension 

plan:

(151) 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) Pension Reopening:

It is recognized that the hospital may consider different plans for employee pensions before the expira45

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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 behalf before any formal action by the hospital establishing 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 professional nurse.

(152) In the event that legislation is enacted which permits public employers and employee organizations to

enter into collective negotiation agreements providing

for employee organization security of a type commonly known as “ agency shop” or in the event the

New York Court of Appeals removes the legal impediments to such form of employee organization security

and in the event a substantially sized political subdivision 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 permissible 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.

Table 23. Selected wage provisions in State and county collective bargaining

agreements by level of government, 1972-73

Provision

All agreements

Level of government

State County

Agreements Workers Agreements Workers Agreements Workers

Total................................................ 318 340,447 106 151,257 212 189,190

Wage surveys............................................... 45 59,497 3 1,918 42 57,579

Longevity pay............................................... 90 82,646 12 8,539 78 74,107

Work clothing and uniform allowances .... 130 177,531 53 75,868 77 101,663

Safety equipment........................................ 70 99,140 37 51,584 33 47,556

Automobile allow ances .............................. 69 108,587 16 23,512 53 85,075

Shift differen tials ...................................... 130 169,383 28 32,603 102 136,780

Deferred wage increases........................... 118 108,920 26 36,471 92 72,449

Escalator clauses........................................ 39 30,067 6 3,451 33 26,616

Contract reopeners..................................... 129 183,326 52 93,267 77 90,059

NOTE: Nonadditive. An agreement may contain more than 

one of the provisions listed.

Table 24. Wage adjustments in State and county collective bargaining agreements by duration of agreement,

1972-73

Duration

All agreements

Wage adjustments

Deferred wage 

increases

Escalator

clauses

Contract

reopeners

Agreements Workers Agreements Workers Agreements Workers Agreements Workers

Total ................................................ 318 340,447 118 108,920 39 30,067 129 183,326

Less than 12 months.................................. 8 10,213 ____ ____ ___ ___ 2 2,050

12 months.................................................... 96 82,554 11 4,935 2 155 23 20,944

13-23 months............................................... 37 53,799 24 36,948 4 1,361 14 27,178

24 months.................................................... 101 117,877 46 40,904 16 12,106 52 70,597

25-35 months............................................... 15 17,762 9 9,488 6 7,123 8 14,120

36 months.................................................... 52 46,215 27 10,533 10 3,210 24 39,242

More than 36 m onths................................. 4 2,925 — — — — 4 2,925

Not sp ecifie d ............................................... 5 9,102 1 6,112 1 6,112 2 6,270

NOTE: Nonadditive. An agreement may contain more than 

one of the provisions listed.

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Chapter 6. Leave

Vacations

Nearly four-fifths of the contracts studied contained 

provisions granting vacations to State and county employees, 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 

worker’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 continuous 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 continuous 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:

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

In addition to this schedule, upon passage of appropriate legislation employees shall be entitled to 25

days of vacation after 25 years or 300 months of service.

(155) Annual leave with full pay (15 working days per

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 employment. Such leave must be taken within each twelve

months unless unavoidable conditions arise making it

impossible. Such leave as is not used shall accumulate, except that such accumulation shall not exceed

30 days. Employees must complete six calendar

months of continuous employment to be entitled to

annual leave.

(156) Beginning

I through 5 years of service - 104 hours annual vacation.

6 through 10 years of service - 104 hours annual vacation plus 8 hours vacation credit for each

three months of continuous service during

the calendar year with

a maximum of 136

hours.

II through 19 years of service -104 hours annual vacation plus 8 hours vacation credit for each

two months of continuous service during

the calendar year with

a maximum of 152

hours.

20 or more years of service —104 hours annual vacation plus 8 hours vacation 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) Each employee shall earn vacation benefits as prescribed in RCW 43.01.040 and RCW 43.01.043 as now

or hereafter amended, and the rules of the Personnel

Board promulgated thereunder.

(106) Vacation leave shall be granted in accordance with

the pertinent rules and regulations of the Director of

Personnel and Standardization ....

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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) . . . 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 vacation credits.

(67) 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 employees working shifts, the differential paid for shift 

work could be included in the computation:

(125) . . . Vacation pay shall be at an employee’s straight

time hourly rate in effect at the time of taking such

vacation.

(157) Vacation pay shall include shift differential pay for

employees who have been regularly assigned to evening 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 inclusion of shift premium in their vacation pay. Temporary assignments of such employees to the day shift

shall not affect their right to receive such shift differential as part of their vacation pay.

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:

(158) If a holiday falls during an employee’s annual leave

period, such holiday shall not be charged against the

annual leave.

(159) 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.

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) Should any employee be called in during his vacation, he will not be required to report. If such employee elects to terminate his vacation and return to

work, he will be credited with the vacation time remaining on his scheduled vacation record, beginning

with the time he returns to work.

(160) An employee who has accumulated the maximum

vacation leave of 50 days will be granted his maximum

yearly vacation entitlements 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 accrued 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.

(161) A vacation may not be waived by an employee and

extra pay received for work during that period.

Where job demands resulted in a denial of leave, the 

employee was permitted to carry forward vacation credits, subject to a limit on accumulation. In other cases, 

vacation was considered waived where employees 

failed to take it:

(162) The parties agree that when requested by the employee and authorized by the Department Head vacation 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) All employees shall be encouraged to make use of

earned vacation time in accordance with the provisions of this agreement. In exceptional circumstances, 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 compensation 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:

Agreements Workers

Total with vacation provisions ................................ 252 266,657

Reference to vacation scheduling.. 195 198,483

No reference to vacation scheduling................................................ 57 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 vacations could be scheduled:

(163) 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 required, every effort will be made to approve an alternative date acceptable to both the Department Head

and the employee ....

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(164) 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.

(151) 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 operations.

When several employees applied to take time off at 

the same time and only a few could be excused, selection was made on the basis of seniority:

(102) 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 conflicting requests for a vacation period, preference

shall be given to the police officer with greater seniority.

(53) 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 submitted by the union prior to March 15 each year.

Some contracts, on the other hand, left scheduling 

completely under the employer’s control:

(117) Vacation time shall be taken only at a time fixed by

the Department Head under whom such employee

works.

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 holidays 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 holidays. 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,

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

(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 College 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 afternoon of Good Friday.

(165) Holidays are defined as:

New Year’s Day

Washington and Lincoln’

Birthday

Memorial Day

Independence Day

Labor Day

Christopher Columbus

Day

Veterans’ Day

Thanksgiving Day

Christmas Day

Floating Holidays

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) Employees shall be entitled to the following holidays 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 Monday, Tuesday, Wednesday, Thursday or Friday and

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providing that those days are not deemed holidays in

accordance with the section above.

(20) . . . Employees shall receive as an additional holiday 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 holidays in the same manner as other holidays specifically

named herein.

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 Friday 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) 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.

(62) Whenever one of these holidays falls on Saturday,

the preceding Friday will be observed. When the holiday 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 practical to the designated holiday.

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) If an employee is absent on the working day immediately 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.

(39) To be eligible for a holiday, the following qualifications must be met:

(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 immediately 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.

Premium pay for work performed on holidays was 

provided for in 65 percent of the agreements with holiday provisions. Holiday premium pay provisions were 

most common in contracts covering blue-collar employees and in those activities involving continuous 

operations:

All agreements...............

Agreements

....... 318

Workers

340,477

With paid holiday provisions .................................... 199 228,579

Premium pay for work on

holidays........................................... 129 128,035

No reference to premium

pay................................................... 70 100,544

No reference to paid

holidays........................................... 119 111,868

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 premium rate was expressed as an amount paid in addition 

to holiday pay. Payments could be in cash or in compensatory time:

(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 regular 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 employee and supervisor.

(168) 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 management for not properly planning work or not giving 

workers adequate notice that their services would not

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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) 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.

(169) 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) 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 employee 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.

(105) 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 contained 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 outside 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 employees 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 developed during the call-back period. The agreement

usually guaranteed 3 or 4 hours, generally at a premium 

rate:

(170) An employee reporting for duty at the employer’s

request for work which is outside of and not continuous with the employee’s scheduled work period, shall

be guaranteed three hours’ pay at the rate of time and

one-half.

(124) Employees called in to work in the Maintenance

Department outside their regular shift shall be guaranteed four hours pay based on their regular rate at time

and one-half.

(62) 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, employees were granted travel time in addition to a guaranteed minimum time at a premium rate:

(115) 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 designed 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 postponed or accumulated except by specific authorization. 

Management, in addition, could reserve the right to 

schedule rest periods and could also require that qualified relief personnel be available for employees on 

break:

(171) 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.

(172) All employees shall receive one fifteen minute rest

period during each one-half shift except that those

employees in positions which require the uninterrupted presence of an employee shall receive such rest

period only when qualified relief is available and practicable. The employer retains the right to schedule

employees’ rest periods to fulfill the operational needs

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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 requirements, 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 reasonable 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) Whenever the job being performed or the material

or equipment being used has caused an employee to

become dirty, the employee 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 employee’s work day.

(35) 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 employee is held over beyond the regular work day,

immediately prior to the end of such “hold-over”

period, whichever occurs later.

(90) 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 employer shall determine those positions which shall

qualify for wash-up time.

(169) 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

themselves 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 employee shall be compensated for such time at the

overtime rate ....

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 participation 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 employees 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:

(21) 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 received 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.

(58) 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) . . . 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 compensation:

(65) 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 service, 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:

(174) Any employee called or who is served with a summons or subpoena as a witness for official business

concerning the Department of Correction will be paid

full pay while serving as such witness.

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(175) 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.

(170) 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 otherwise 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 temporarily excused from attendance at court shall report

for work during the excused period.

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 include 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) 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.

(176) 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 working hours, taking into consideration travel time from

the polls to his regular place of employment, or vice

versa ....

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:

(40) 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. Employees 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.

(Ill) 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 solely to his having been injured on the job; or having

exercised accumulated sick leave or accumulated vacation time. Sick leave shall be accumulated up to 120

days at the aforedescribed rate . . .

(13) 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 prevent abuses of sick leave, including requirements to 

report illnesses and to provide medical certification:

(177) . . . 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 section shall furnish a statement from a medical practitioner 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) 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 contained positive incentives not to use sick leave unnecessarily by granting conversion rights. These allowed the 

exchange of unused days for other leave or pay. Conversion generally occurred when employment was terminated or the employee retired. Other agreements 

provided for cash payments to employees as a specified 

proportion of total accrued sick leave. Clauses, in addition, might provide that payments would be made to the 

employee’s estate in case of death:

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(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 accumulated 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 representing twenty-five percent of his accumulated and

unused sick leave, computed 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 retirement, 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) An employee will be paid fifty percent of his accumulated sick leave upon retirement, or in case of

death to employee’s beneficiary.

(143) 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.

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) At retirement after completion of 20 years of service

or attainment of the mandatory retirement age an officer will be granted additional retirement service credit, 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.

(65) All employees covered by this agreement who actually retire from County service and apply (within 60

days of last day paid) for a retirement annuity from

the . . . Retirement Fund, which annuity must exceed $10 per month, shall have their sick leave credits

(at the time of their retirement) converted to a monetary 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 retired 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.

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 funeral 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:

(179) 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.

(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. Bereavement leave in case of death of other persons may

be granted only upon approval of the County Administrator. Bereavement leave shall be charged against

accumulated sick leave.

(6) Employee shall be allowed to charge absences from

work in the event of death . . . in the employee’s immediate 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, parent, 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.

In some instances, evidence of death was required:

(118) 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 reported 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

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or called up for emergency duty. Military pay arrangements were provided in over one-fourth of the agreements studied (table 27).5

The amount of pay varied. Some agreements provided 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 military service leave could be required to provide the employer 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 employee shall receive from the county his normal pay.

(167) Employees who are affiliated with National Guard

units and who may be called for active duty by official

State or Federal declaration, under emergency conditions, 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 exceeds his University pay, only the amount equivalent

to the University pay for the days involved is to be

reimbursed to the University. 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 calendar 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 employee must file a copy of his orders with the Personnel 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 responsible for furnishing proof of attendance and a statement of Government pay received.

(172) 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.

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 employees 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 employee 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 transportation available and for which transportation or actual

reimbursement is made by the military, therefore additional travel time required by the employee to accommodate a different mode of travel elected by the

employee must be charged to leave without pay, vacation or compensatory time.

Personal leave days. Paid personal leave provides employees with the opportunity, without sacrifice of salary 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 included in approximately 16 percent of the agreements 

(not including personal leave days provided under holiday 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 increments of 1 to 4 hours. Most provisions stipulated that 

leave would not be cumulative. However, one arrangement permitted the conversion of any unused personal 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 personal 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 employees shall be credited with

twenty-four hours of personal leave each calendar

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year. Said personal leave credit is nonaccumulative.

Request for personal leave should be made at least

twenty-four hours in advance from either an immediate supervisor or the Department Head. The Department 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) Every employee shall be entitled to five days on

which he may absent himself from duty for the purposes of taking care of and providing for his business

affairs, family affairs and other personal problems

which shall not, however, include absence for funerals or illness.

Personal leave days shall not be pro-rated for portions 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 compensatory 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 personal leave is nevertheless cancelled, except as provided 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 agreement.

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) 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 discharged.

(130) 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 entitlement to termination pay shall be pro-rated on a

portion of a completed year worked, pursuant to limitation of Section 431 of the New York State Retirement 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 Section 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 retirement 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 postponed until the total number of retirement leave days

for which she has been paid have expired; provided,

however, that no nurse shall accrue additional benefits 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

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 business (table 28). Employees elected or appointed to positions with the union were commonly allowed leaves for 

1 year; however, provisions granted extensions or permitted longer leave periods. A common stipulation limited leave to one person per work unit and established a 

minimum length of service requirement for any employee seeking a union leave of absence:

(183) [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 requested leave shall only be granted if the prime

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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 without 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.

One agreement continued an employee’s salary while 

on leave, but required the union to reimburse the employer:

(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 employer 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 Relations 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.

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, most 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) 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 approval of the Personnel Committee and the Department 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

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.

(118) 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 ....

(151) 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 application 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 writing.

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. Agreements 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 

compliance with Equal Employment Opportunity 

Commission guidelines on maternity leave and also required 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:

(32) Maternity leave, not to exceed twelve months, with

a doctor’s certification . . . may be renewed or extended for six months. No employee will be continued

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on the job beyond her third month of pregnancy without 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) Female employees with one year or more of seniority may be granted a maternity leave of absence without pay. Such leave shall normally be taken by the

employee beginning in the seventh month of pregnancy. 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 employment 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 sufficient cause the date of return may be extended by the

Commission to six months from the date of termination 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.

(184) Title 29, Chapter XIV, Part 1604 of the Code of

Federal Regulations requires that . . . County comply with the guidelines on employment policies relating 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 pregnancy, 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 recovery 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.

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 rule, m aternity leave started when 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 stipulated number of weeks following delivery; less frequently, they might allow leave to continue until the 

employee’s doctor certified that she was medically capable 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.

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:

(142) Maternity leave shall be without pay and will be

granted upon the application of the employee in writing 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 physician indicating the expected date of delivery. Employees who fail to apply for maternity leave and fail

to report to work due to the delivery shall be terminated. 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.

(186) 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 employee is medically incapable of performing her normal 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 accumulated 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. Abortions or short term pregnancies shall be exempted

from the notice requirements in this paragraph . . .

(10) Female employees shall be entitled to such necessary leave prior to and following delivery as is recommended 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 restrictions. 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 employer upon receipt of a

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physician’s written recommendation. Should any employee 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).

Several contracts contained procedures for resolving 

disputes concerning the start of maternity leave or requests for leave extension as certified by the 

employee’s physician. Resolution of the dispute usually 

involved submitting the issue to an impartial physician:

(187) 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 impartial 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. Maternity 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.

(125) 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.

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, although leaves of 2 years were not uncommon. Provisions 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, settlement 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 prohibited the use of leave to obtain employment elsewhere. Employees usually were required to request 

leave in advance and were restored to their jobs at the

end of the leave period. Employees could return early 

with employer approval:

(107) 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 extended for like cause.

(188) 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 additional three month periods, but the total leave time

shall not exceed one year.

(68) 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) 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 reviewed 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.

One agreement included a role for the union in presenting personal leave requests, 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:

(148) Applications for leaves of absence without pay for

personal reasons shall be made in writing to the department 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.

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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 All other counties

Agreements Workers Agreements Workers Agreements Workers Agreements Workers

Total ................................................ 318 340,447 106 151,257 41 61,312 171 127,878

Total with vacation provisions................... 252 266,657 97 129,655 14 19,928 141 117,074

2 V i weeks ............................................. 1 1,200 1 1,200 — — — —

3 weeks.................................................... 8 3,684 — — — — 8 3,684

3Vz w eeks............................................... 6 7,545 4 5,917 — — 2 1,628

4 weeks.................................................... 106 112,075 20 39,063 4 12,882 82 60,130

4V2 weeks................................................ 1 180 1 180 — — _ _

5 weeks.................................................... 44 42,093 14 15,807 — _ 30 26,286

6 weeks....................................................

Reference to vacations; no 

details given or no maximum

2 2,715 2 2,715

sp e cifie d ............................................. 84 97,165 57 67,488 10 7,046 17 22,631

No reference to vacations .......................... 66 73,790 9 21,602 27 41,384 30 10,804

Table 26. Number of paid holidays in State and county collective bargaining

agreements by level of government, 1972-73

Number of paid holidays

All agreements

Level of government

State County

Agreements Workers Agreements Workers Agreements Workers

Total ................................................ 318 340,447 106 151,257 212 189,190

Total with holiday provisions.................... 199 228,579 56 87,995 143 140,584

5 days ..................................................... 1 600 1 600 — —

5 days + 1 or more half days............... 1 3,200 1 3,200 — —

6 days ..................................................... 1 95 — — 1 95

6 days + 1 or more half days............... 7 695 — — 7 695

7 days ..................................................... 4 318 — — 4 318

7 days + 1 or more half days............... 7 1,301 — — 7 1,301

8 days ..................................................... 9 1,876 1 600 8 1,276

8 days + 1 or more half days............... 3 266 1 92 2 174

9 days ..................................................... 16 6,652 5 3,449 11 3,203

9 days + 1 or more half days............... 13 3,715 5 1,353 8 2,362

10 days.................................................... 36 47,738 7 23,048 29 24,690

10 days + 1 or more half d a y s ............ 12 19,637 — — 12 19,637

11 days.................................................... 36 21,709 15 4,068 21 17,641

11 days + 1 or more half d a y s ............ 9 14,592 — — 9 14,592

12 days.................................................... 20 44,991 10 31,415 10 13,576

12 days + 1 or more half d a y s ............ 4 2,380 — — 4 2,380

13 days or more...................................... 7 7,876 2 1,769 5 6,107

Reference to administrative

regulations or State L a w ................... 13 50,938 8 18,401 5 32,537

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Table 27. Selected payments for time not worked in State and county collective

bargaining agreements by level of government, 1972-73

Provision All agreements

Level of government

State County

Agreements Workers Agreements Workers Agreements Workers

Total ................................................ 318 340,447 106 151,257 212 189,190

Reporting pay............................................... 44 23,308 17 9,828 27 13,480

Call-in/call-back pay.................................. 167 216,027 56 77,218 111 138,809

Rest periods................................................ 100 100,821 54 59,202 46 41,619

Wash-up/clean-up tim e .............................. 43 34,978 35 28,621 8 6,357

Jury-duty and/or court-witness pay1 ......... 141 194,774 53 79,804 88 114,970

Sick leave2 ................................................... 266 296,218 89 120,263 177 175,955

Funeral leave3 ............................................. 200 220,675 73 91,507 127 129,168

Military leave............................................... 82 78,242 44 58,571 38 19,671

Personal leave d a y s.................................... 51 77,915 6 11,937 45 65,978

Terminal leave............................................. 8 12,578 1 57 7 12,521

includes 6 agreements with court-witness pay only and 

58 agreements with court-witness pay and jury-duty pay.

includes 85 agreements which permitted sick leave to 

be converted to other leave or to pay. 

includes 58 agreements which provided that time taken

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

Reason for leave

All agreements

Level of government

State County

Agreements Workers Agreements Workers Agreements Workers

Total ................................................ 318 340,447 106 151,257 212 189,190

Union business............................................ 102 138,174 48 81,749 54 56,425

Education..................................................... 91 120,306 37 71,988 54 48,318

Maternity..................................................... 126 187,886 48 75,430 78 112,456

Personal....................................................... 74 56,310 35 28,658 39 27,652

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

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Chapter 7. Working Conditions

Work assignments

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, generally 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 reassignments to any other location within the division

other than the location where the employee is assigned 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 determined by the requirements of the position.

(169) 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 Standards Act. Trial service employees may make requests under this procedure, but the Hospital and

Training Center is not obligated to honor their request.

(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

posted for at least four days. Employees shall have an

opportunity to request assignment change to the vacant 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 required to fill the job requirements.

(c) They are deemed qualified by experience

and skills for the specific position.

(d) Unless the senior employee has significant deficiencies in reference to the

specific job assignment, seniority shall

determine the assignment.

(e) Senior employees not receiving an assignment 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 assignment 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.

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 employees with greater seniority were not selected, provisions required State and county employers to notify 

them in writing of the reasons for nonselection. Employees might be limited in how many times they could 

transfer:

(14) 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 openings in Pay Grade 1, will be posted throughout a posting 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 assigned to Pay Grade 2 through 6. When the classification 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.

(177) Changes in work assignments (transfers from one

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work location to another) shall be offered to all employees 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 notified 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 vacancy. Upon being granted a transfer, the employee

shall not be eligible to exercise his transfer rights for

two years.

(161) In the event of a vacancy or a newly-created position employees shall be given the opportunity to transfer on the basis of seniority in the department if qualified. 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.

Restrictions on subcontracting

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, equipment, or number of employees necessary to complete a 

given task. If bargaining unit employees were capable 

of performing the work, subcontracting might be prohibited. Some provisions also restricted subcontracting, 

or required consultation with the union, when employees would be laid off as a direct result:

(104) The parties recognize that the University may contract out or sub-contract work in any department covered by this agreement, in cases of emergency, or

temporary employment, or in cases where

specialized, professional or technical services are required 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 subcontracting, no employee shall be laid off or take a reduction in

pay as a direct result thereof.

(94) The Commission will not sub-contract work normally performed by bargaining unit employees if and

when in its judgment, it has the available manpower,

proper equipment, capacity and ability to perform

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 economical 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) The State shall not contract out for goods and services performed by members which will result in any

member being reduced or laid off without prior consultation with the PBA concerning any possible effect

on the terms and conditions of employment of members covered by this agreement.

(190) . . .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:

(144) The employer shall not farm out work that the bargaining 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 standards by requiring that any subcontracted work be performed 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:

(13) In the event any work normally performed by the

employees covered by this agreement is let to a contractor, said contractor shall be one having an agreement with the International Brotherhood of Electrical

Workers. Other work normally performed by employees covered by this agreement shall be let to contractors who are affiliated with AFL-CIO. Nonelectrical 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 employees designated as “ working foremen” were excluded from these restrictions:

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(127) Supervisors apd foremen shall not perform work of

any job classification of the bargaining unit. It is,

however, understood that under emergency conditions when regular employees are not immediately

available, supervisors and foremen may perform bargaining 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 operational 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 employee or employees covered by this agreement except 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.

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 provision permitted any employee so affected to be compensated for loss of pay and another granted an arbitrator 

authority to award back pay should layoff result:

(14) 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 employee shall be compensated for any loss in hourly

rate, plus shift or special schedule premium, if applicable.

(154) A. Definition of Bargaining Unit Work: The following 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 bargaining 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 bargaining unit work so as to cause the layoff or prevent

the return to work of an available competent employee.

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, instruction, 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 comingling of Liquor Store Manager and retail clerk

duties in order to operate and provide adequate services 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 develop 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 examined in this study. The most common was in-service 

training, but a significant number of tuition aid provisions was also found along with several clauses providing educational incentive pay (table 30).

In-service training. Twenty-nine percent of the employees in this study were provided with some form of 

in-service training, which was generally available to all 

interested employees. In-service training usually involved agency-sponsored classes during working 

hours, but could also include on-the-job training. While 

training programs usually were initiated by management, 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:

(42) The employer and the Association recognize the

need for in-service educational programs for most unit

employees and the need for expansion and improvement in many existing programs. Where programs are

implemented, improved or expanded, the Association

will be consulted on the quantity, quality and subject

matter.

(191) Management and Local 602 recognize the importance of appropriate training for employees within the

unit. Departmental management will continue inservice training programs to meet this mutually desirable objective. Management will make information

concerning new in-service training programs available

to Local 602 prior to implementation.

(192) The County shall provide relevant training for each

new, reassigned or promoted employee. At a

minimum, training shall consist of on-the-job training

by the immediate supervision in addition to the departmental orientation program in existence.

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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 performing 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 ....

Several agreements provided for greater union participation 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) . . . 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 training programs, and will meet at least bi-weekly, until it

is satisfied that a suitable program has been developed. Subsequently, this committee will meet

every three months for review of training programs,

except that if one half of the committee calls for additional meetings these will be held.

2. b. This committee shall function as a subcommittee of the Labor Management Committee and

deal with matters of training. Any matters which cannot be resolved by this committee shall be referred to

and reviewed by the Labor Management Committee.

3. The Department realizes that no employee,

upon the completion of orientation, is prepared to

assume a full workload on a proportionate basis. In

light of this, it recognizes its responsibility to gradually introduce a new worker to his workload. This

gradual introduction should, at minimum, be two

months . . .

5.a. Any group of at least 15 workers can formulate a proposal for their own in-service training group.

Training specialists will be a resource to the group.

(1) The group as part of their proposal shall

seek out a group leader as well as guest speakers for an initial program.

(2) The planned program shall have a

specific duration and regularly scheduled sessions.

(3) The selection of topics to be discussed

and issues to be raised shall be decided by the

group itself in their proposal.

(4) The group may propose meeting during

office hours and may schedule Department

facilities for that purpose in their proposal.

(5) The Department shall make available

to new groups evaluations from previous ones

including their recommendations of resources

for speakers and the group leader. Each inservice training group shall be responsible for

evaluating their own group as well as providing

their recommendations for group leaders and

speakers.

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 considered.

(129) 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 experience, the training, and the vocational interests of employees in classes represented by the union and shall

identify University jobs that represent feasible ambitions for employees who seek advancement outside of

their present assignments.

d) The Manpower Development Committee shall

obtain projections of job openings in the jobs identified 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, including, 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.

(187) The Nurse s Committee shall participate in the planning and implementation of a post orientation program

organized for the specific purpose of promoting continuous learning experiences necessary for the performance of assigned duties. It shall involve continuing guidance and stimulation of the staff and may stem

from activities within the agency or within the community. The activities may be both planned and spontaneous that effect the growth of the staff individually

and collectively result in the improvement of service

and in increased job satisfaction. There shall be no

less than two programs monthly (each of at least one

hour’s duration).

Tuition aid. One-fifth of the agreements studied provided for reimbursement of tuition to employees who 

took courses at an educational institution (table 30).

A minimum length of government service and advance approval were common prerequisites for the receipt of tuition aid. The request for approval might 

include a statement of the benefits to be derived by the 

employer as well as the employee. If an employee’s 

request was denied, he or she often had to be notified of 

the reasons for denial. In a few instances, the decision 

was subject to the grievance procedure. In addition to 

providing tuition reimbursement, payments could also 

be made for traveling expenses, books and registration,

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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 working 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 educational institution or to the employee:

(193) After one year employment and upon prior approval 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) . . . Employees in this bargaining unit who are

employees of the Board of Wayne County Commissioners and desire to continue their education and

have Tuition Reimbursement should do the following:

1. Submit their request to the Appointing Authority 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 employee if such request for tuition reimbursement is to

be approved or denied. If request is denied, the reasons for the denial will be sent to the employee.

4. Employees applying for tuition reimbursement

shall receive the tuition monies only after the employee 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) 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) 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 reimbursing 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 expenses incurred during such leave and in connection

with such training in accordance with the existing

traveling expense regulations.

(14) 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 employment rolls throughout this entire period. Approvals must be authorized prior to enrollment. “ Successful completion’’ means a final transcript grade of “C”

or better for credit courses and a certificate of satisfactory 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.

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 children:

(188) 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 employee 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 College.

(b) Take not more than two courses per quarter.

One course may be taken during working hours subject to the approval of the immediate supervisor concerned. 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.

(185) Tuition waivers shall be requested for any employee at Community College taking any courses at

State University of New York member colleges. Requests 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.

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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) A full-time permanent police officer may be given

educational leave with full or partial pay, for the purpose 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.

(196) With the prior approval of the employer, every attorney within the bargaining unit shall be entitled to

attend professional conferences, seminars or programs which are designed to contribute to the advancement 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 attendance to and from the conference shall be considered

as time worked and paid at the employee’s regular

salary rate ....

Educational incentive pay. Eighteen agreem ents 

granted additional pay to those employees who completed 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 deliberate 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 employee 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) Bargaining unit members who meet the requirements 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 determination of increases in salary, the $1,000 shall be

treated as part of a bargaining unit member’s base

salary.

(136) 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 institution:

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 degree which is beyond the qualification of the position

the employee holds. Only one such educational differential premium shall be applicable in any given

year.

Less frequently, educational incentives were paid on 

a continuing basis rather than upon completion of a 

degree. In this case, extra compensation would be received only as long as the employee completed a 

minimum amount of training during each qualifying 

period:

(159) County agrees to continue in force during the term

of this agreement the educational incentive compensation program for law enforcement personnel of the

Sheriff’s Department. This program includes the following features: a minimum of $25.00 per month for

each eligible officer completing 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 employment or 

“ moonlighting” by members of the bargaining unit 

were included in only 10 agreements, covering 7,770 

workers. Perhaps one reason for the relative infrequency 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:

(32) No employee shall hold a full-time job, or its equivalent, in addition to his regular full-time County

employment.

Supplementary employment is not encouraged but

is permitted under the following conditions:

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(a) That the additional employment must in no way

conflict with the em ployee’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 employment.

(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 supplementary 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 supplemental employment to renew, in writing, his/her request to hold such outside employment.

(196) 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 Commission, or Court employee. Such outside employment or

activity shall not be engaged in during an employee’s

regularly scheduled or assigned working hours.

Of the 10 agreements mentioning outside employment, 7 were found in law enforcement. Police departments 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) 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.

(103) The Division shall continue its policy of permitting

outside employment of members by one or more employers and will consider all requests submitted, subject to such limitations and requirements as the Division 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.

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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 All agreements

Selection 

of work 

assignments

Restrictions

on

subcontracting

Restrictions on 

work by 

supervisors

Agreements Workers Agreements Workers Agreements Workers Agreements Workers

Total ................................................ 318 340,447 54 76,251 36 23,303 24 17,487

Blue-collar or m anual................................. 73 30,021 15 11,471 17 3,547 15 7,308

Professional or technical........................... 67 68,974 10 19,848 1 700 — —

C lerical........................................................ 4 2,739 — — — — 1 2,500

Police and fire ............................................. 31 31,750 3 8,782 3 4,543 2 668

Blue-collar and clerical.............................. 10 5,830 2 3,766 3 2,676 2 3,766

Professional, technical, and cle rica l........ 6 21,032 — — — — — —

Blue-collar and professional...................... 14 10,051 3 703 2 1,087 1 55

Police, fire, and te ch n ical......................... 5 12,911 — — — — — —

Other............................................................ 108 157,139 21 31,681 10 10,750 3 3,190

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

Table 30. Training provisions in State and county collective bargaining agreements by occupational group,

1972-73

Occupational group

All agreements

In-service

training Tuition aid Educational 

incentive pay

Agreements Workers Agreements Workers Agreements Workers Agreements Workers

Total ................................................ 318 340,447 72 100,337 62 56,889 18 12,439

Blue-collar or m anual................................. 73 30,021 13 11,232 11 3,442 _ _

Professional or technical........................... 67 68,974 29 25,889 24 14,927 8 3,603

C lerical........................................................ 4 2,739 — — — — — —

Police and fire ............................................. 31 31,750 5 6,932 5 5,367 5 1,755

Blue-collar and clerical.............................. 10 5,830 3 4,266 1 2,466 — —

Professional, technical, and cle rica l........ 6 21,032 2 16,253 2 317 — —

Blue-collar and professional...................... 14 10,051 3 4,765 — — — —

Police, fire, and clerical............................. 5 12,911 — — — — 2 2,856

Other............................................................ 108 157,139 17 31,000 19 30,370 3 4,225

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

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Chapter 8. Grievance and Impasse Procedures

A means for resolving disputes before employees 

resort to a walkout 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 actions taken (or not taken) by supervisors, and, therefore, 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 agreements studied, 285, or 9 out of 10, had grievance procedures (table 31). More than four-fifths of these were 

jointly negotiated; only 29 contained contractual references 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 allowed 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) Any grievance or dispute which may arise between

the parties, including the application, meaning or interpretation of this agreement, shall be settled in the

following manner:

Step 1. The employee shall take up grievance or dispute 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 Committee 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

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) A Civil Service employee may process his grievance through either the Civil Service appeal procedure or the grievance procedure set forth in this recommendation. If an appeal is filed under the Civil

Service appeal procedure, while proceedings are taking place under the memorandum procedure, then this

grievance procedure shall cease and shall not be permitted 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 grievance procedure, all rights to do so being waived by

the exercise of an option by the employee to utilize the

Civil Service procedure.

Scope of the grievance procedure

Ninety-three percent of the agreements with grievance procedures included a definition of a grievance 

(see table 31). These were about evenly divided between 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 interpretation of the contract were generally concise 

statements:

(197) The parties agree that the prompt and just settlement of grievances is of mutual interest and concern.

Only matters involving the interpretation, application

or enforcement of the terms of this agreement shall

constitute a grievance under the provisions as set

forth below.

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 laws, 

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 procedure as well as those that would be included were set 

forth:

(43) All issues and disputes arising from the terms and

conditions of employment will be resolved in accor70

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dance with the grievance provisions of this agreement.

(121) A “grievance” shall mean any violation, misinterpretation or inequitable application of this agreement, existing laws, rules, procedures, regulations,

administrative order’s or work rules of the County of

Rensselaer or a department thereof or any other condition 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) “ Grievance” shall mean any claimed violation,

misinterpretation or inequitable application of this

contract, or of applicable existing laws, rules, procedures 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, retirement benefits, disciplinary proceeding or any matter 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.

Grievance settlement

While the emphasis in grievance procedures is on 

early settlement, inevitably some grievances are not 

easily resolved. When settlement is stalemated, factfinding, mediation, and arbitration may be used to resolve 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 Commissioners 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

having differences, as soon as is practicable, to visit

the location of such differences and to advise the

respective parties what, if anything, ought to be done

or submitted to by both to adjust said dispute. The

advice of the mediator shall be advisory only and not

binding on the Board of Pierce County Commissioners or the union unless agreed to prior to a specific

mediation request.

Arbitration was by far the most prevalent of the grievance impasse procedures. It was included in 85 percent 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 representatives of the employer and the employee organization 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 hearing, and submitting a decision:

(156) The grievance committee shall consist of 3 members:

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 settle 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 grievance.

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 arbitration by requesting that the American Arbitration Association propose the names of seven arbitrators. A

copy of such request shall be forwarded to the Chairman of the Board of Supervisors or the President of

the Association Chapter.

Upon receipt of the names of the proposed arbitrators, 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 determine 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

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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.

In one instance, a limitation was placed on the use of 

binding decisions where the enactment of legislation 

was necessary:

(154) 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.

Advisory rather than binding arbitration of disputes 

was provided in only one-fifth of the agreements with 

grievance provisions. Under these provisions, the employer 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 advisory arbitration, permitted the parties to agree to a final 

and binding decision:

(201) A written decision of an arbitrator resulting from

the arbitration of a grievance under the following articles 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

(8) Should the union or the Chief, Registrar’s Bureau,

consider the decision of the Board of Arbitration unsatisfactory, 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 decision, if any, to be prepared and filed with the Attorney

General and shall serve a copy on the other party.

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 appeal 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) 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.

Because of the expense involved in grievance arbitration proceedings, most of the agreements with procedures stipulated that costs would be shared by the parties 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:

(202) Any necessary expenses for the services of arbitrators 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 compensating its own

representatives or witnesses.

(150) The fees and approved expenses of an arbitrator

shall be paid by the party who does not prevail before

the arbitrator.

(198) Each party shall bear the costs of its chosen arbitrator 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 employee organizations to assist in ending a strike were 

contained in 55 percent of the State and county agreements 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 prohibited 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 “ wildcat” or unauthorized strikes. One agreement permitted 

either party to use an injunction against the other if 

there were violations of the no-strike clause:

(9) The union agrees that it will refrain from any strike,

work stoppage, slowdown, or other job action and will

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not support or condone any such job action. The State

agrees that it will refrain from locking out its employees or from any threat thereof.

(171) The Association agrees not to participate in or sanction any strike, slowdown, walkout, refusal to report

to work, or interruptions of work or picketing during

the term of this agreement.

(203) 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 conduct, 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) 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 agreement. Association will take whatever lawful steps are

necessary to prevent any interruption of work in violation 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.

Negotiations

Negotiations involving State and county governments 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 concerned 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 community. To some degree, therefore, government negotiators 

find them selves bargaining in a goldfish bowl. 

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 encouraged to adopt rigid positions by disparate public voices. 

As a consequence, negotiators may agree in advance to 

avoid open negotiations:

(204) . . . During such negotiations, the Board and the

Association will present relevant data, exchange

points of view and make proposals and counter proposals. All public records will be made available to the

Association upon reasonable request, in writing, during normal business hours.

During the course of negotiations, items tentatively

agreed to shall be reduced to writing and initialed by

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 preclude keeping the Association membership and the

Board members informed of the progress of negotiations.

Negotiating sessions between the Board and the

Association shall be closed to the press and the

public . . .

It is nevertheless difficult to negotiate a firm 

agreement if the legislature might overthrow the 

accord or if the comptroller or other budgetary official 

might subsequently announce his inability to find sufficient funds to meet contractual obligations. Where revenues 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 retrenchment, 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.

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). However, this low prevalence must be 

viewed in conjunction with the availability of legislated 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 always spelled out in the agreement:

(205) If the parties are in disagreement as to whether

any proposed change is within the scope of negotiations, such disagreement may be submitted as an

impasse to the Employee Relations Commission for

resolution. In the event negotiations on the proposed change are undertaken, any impasse which

8Summary of State Policy Regulations for Public Sector Labor

Relations, (U.S. Department of Labor, Labor-Management Services

Administration, 1975).

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arises may be submitted as an impasse to the Employee 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 Employment Relations Board as provided herein under this

agreement.

(117) No later than July 1 of each year the parties

will enter into good faith negotiations over a successor agreement. If such agreement is not concluded 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 agreement 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 combination 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) . . . If such an agreement is not concluded by

September 15, 1974, either party may request the

County Public Employment Relations Board to designate a mediator to assist the parties to reach

agreement. If the parties have not reached an agreement by November 1, 1974, either party may request the County Public Employment Relations

Board to appoint a factfinding board. Said mediation and factfinding will be governed by the provisions of Act number 84-1967 of the Board of Supervisors.

(130) 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 request 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

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 submitted 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 agreement 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 remaining 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 recommendations for resolving the dispute to the County

Executive and to the President and shall simultaneously make public such findings and recommendations.

If the dispute reaches a point where findings of fact

and recommendations are made public by the FactFinding Board established pursuant to these procedures 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 recommendations for settling the dispute, and the Association may

submit to such legislative body its recommendations

for settling the dispute.

(11) . . . The parties agree, finally, that, notwithstanding 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 calendar 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 agreements (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. Regulatory 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

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by the County Board of Supervisors of certain provisions of labor contracts:

(207) It is understood between the parties that no provisions contained within this agreement are binding

upon either party until this agreement has been reduced to writing, ratified by the Association duly approved, ratified and executed by the . . . County Executive and the County Legislature. It is further understood 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 modified by the Legislature shall be effective and binding

upon the parties.

(153) All negotiations with respect to wages, hours, and

working conditions and other conditions of employment, shall be conducted by the Wage and Salary

Committee in conjunction with the Highway Committee and Commissioner, representing the County

Board and the Negotiating Committee and/or representatives 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.

(120) 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 ordinances, including the county’s salary ordinance, Ordinance No. 6222, and

C. Acts to appropriate the necessary funds required 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 understanding, it is understood that the parties may mutually

agree to implement appropriate provisions of said

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.

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 employees, 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) 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 agreement shall remain in full force and effect for the duration of this agreement.

(158) In the event that any provision of this agreement

shall at any time be declared invalid by a final judgment 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 agreement, 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) 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 enforcement of any article or section should be restrained by such tribunal, the remainder of this

agreement shall not be affected thereby, and the parties shall, if possible, enter into collective bargaining

negotiations for the sole purpose of arriving at a mutually satisfactory replacement for such article or section.

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Table 31. Grievance machinery in State and county collective bargaining agreements by level of government,

1972-73

Provision All agreements

Level of government

State

County

Los Angeles All other counties

Agreements Workers Agreements Workers Agreements Workers Agreements Workers

Total ................................................ 318 340,447 106 151,257 41 61,312 171 127,878

GRIEVANCE PROCEDURES

Total ............................................ 285 313,159 98 132,386 37 60,680 150 120,093

Negotiated procedure.................................. 234 267,092 84 118,342 23 47,926 127 100,824

State or agency procedure.......................... 29 28,940 3 2,893 9 9,469 17 16,578

Negotiated and State or agency

procedures............................................... 22 17,127 11 11,151 5 3,285 6 2,691

GRIEVANCE DEFINITION

Total ................................................ 264 302,482 96 131,895 36 59,080 132 111,507

Interpretation and application of

co ntract................................................... 139 171,338 61 81,202 16 19,813 62 70,323

Any com plaint............................................. 125 131,144 35 50,693 20 39,267 70 41,184

IMPASSE PROCEDURES

Factfinding................................................... 5 3,612 1 2,400 _ _ 4 1,212

M ediation.................................................... 7 7,279 4 6,496 — — 3 783

Arbitration, to t a l........................................ 242 283,379 84 117,690 36 60,380 122 105,309

Advisory.................................................... 52 90,474 6 9,526 34 55,651 12 25,297

Binding .................................................... 179 176,477 74 100,838 — — 105 75,639

Other1....................................................... 2 6,109 1 6,000 — — 1 109

Reference to arbitration; no details

given................................................... 9 10,319 3 1,326 2 4,729 4 4,264

Cost of arbitration shared.......................... 218 262,026 78 110,103 36 60,380 104 91,543

includes 1 agreement, covering 6,000 workers, in which the status of arbi- workers, where arbitration was binding except for selected matters, 

tration was governed by merit system rules; and 1 agreement, covering 109

Table 32. No-strike provisions in State and county collective bargaining

agreements by level of government, 1972-73

Provision

All agreements State County

Agreements Workers Agreements Workers Agreements Workers

Total ................................................ 318 340,447 106 151,257 212 189,190

Total with no-strike provisions.................. 176 189,526 75 97,054 101 92,472

Union must work to end strike............... 84 96,820 46 63,745 38 33,075

Union role not stated.............................. 92 92,706 29 33,309 63 59,397

No reference to no-strike provision........... 142 150,921 31 54,203 111 96,718

Table 33. Negotiation impasse procedures in State and county collective

bargaining agreements by level of government, 1972-73

Provision All agreements

Level of government

State County

Agreements Workers Agreements Workers Agreements Workers

Total ................................................ 318 340,447 106 151,257 212 189,190

Total with impasse procedures.................. 32 84,695 2 15,000 30 69,695

Factfinding............................................... 9 28,423 1 5,000 8 23,423

M ediation ................................................ 9 28,473 1 5,000 8 23,423

Arbitration............................................... 2 5,200 1 5,000 1 200

State or county labor relations board ... 24 57,393 1 10,000 23 47,393

NOTE: Nonadditive. An agreement may contain more than one impasse procedure.

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Appendix. Identification of Clauses

Employee organization affiliated with the AFL-CIO

unless otherwise indicated as independent union or

association

Employer and union

New Jersey; State Troopers, State Troopers Fraternal Association (Ind.).. 

Wayne County, Mich.; county and court unit, State, County and Municipal Employees (AFSCM E)................................................................................

Michigan; Oakland University, State, County and Municipal Employees

(AFSCM E)............................................................................................................

Erie County, Pa.; white collar unit, Civil Service Employees’ Association

(Ind.).......................................................................................................................

Wisconsin, Department of Natural Resources, State County and Municipal

Employees (AFSCM E).......................................................................................

New York; security unit, State, County and M unicipal Em ployees

(AFSCM E)............................................................................................................

Allegheny County, Pa.; clerical and technical employees unit, Service

Employees (SEIU )..............................................................................................

Montana; Motor Vehicle Division, Registrar’s Bureau, State, County and

Municipal Employees (AFSCME)....................................................................

New Jersey; State colleges, Teachers (AFT).....................................................

Winnebago County, Wise.; ParkView Rehabilitation Pavilion and Pleasant

Acres, State, County and Municipal Employees (AFSCME).....................

Vermont; Statewide unit, Vermont State Employee Association (Ind.).......

Illinois; University of Illinois, State, County and Municipal Employees

(AFSCM E)............................................................................................................

Delaware; State Department of Highways and Transportation, State, County

and Municipal Employees (AFSCM E)............................................................

Michigan; University of Michigan, State, County and Municipal Employees

(AFSCM E)............................................................................................................

Bergen County, N.J.; Probation Department, State, County and Municipal

Employees (AFSCM E).......................................................................................

Clark County, Wash.; Public Utility District No. 1, Electrical Workers;

Brotherhood (IBEW )...........................................................................................

St. Croix County, Wise.; Highway Department, State, County and Municipal Employees (AFSCM E)................................................................................

Delaware; Department of Health and Social Services, Emily P. Bissell

Hospital, State, County and Municipal Employees (AFSCM E)................

Oakland County, Mich.; Sheriffs Department, State, County and Municipal

Employees (AFSCM E).......................................................................................

Suffolk County, N.Y.; Police Department, Suffolk County Patrolmen’s

Benevolent Association (Ind.)...........................................................................

Greene County, N.Y.; nurses unit, New York State Nurses Association 

(Ind.)......................................................................................................................

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Los Angeles County; child welfare workers unit, Service Employees

(SEIU)....................................................................................................................

Wayne County, Mich.; Food Service Employees, Unit No. 1, Hotel and

Restaurant Employees (HREIU)..... .................................................................

Suffolk County, Mass.; Superior Court officers, State, County and Municipal Employees (AFSCM E)................................................................................

Houghton County, Mich.; medical care facility, State, County and Municipal Employees (AFSCM E)................................................................................

Delaware; Department of Health and Social Services, Division of Social

Services, State County and Municipal Employees (AFSCM E).................

Whatcom County, Wash.; Park Department, Teamsters (IBT) (Ind.)...........

Delaware; Department of Finance, Division of Revenue, State, County and

Municipal Employees (AFSCME)....................................................................

Michigan; Ferris State College, Ferris State College Clerical and Technical Association (Ind.).......................................................................................

Pennsylvania; multidepartment unit, State, County and Municipal Employees (AFSCM E).............................................................................................

Gratiot County, Mich.; Sheriff’s Department, State, County and Municipal

Employees (AFSCM E).......................................................................................

Muskegon County, Mich.; Board of Social Services, medical care facility,

State, County and Municipal Employees (A FSCM E).................................

Jefferson County, Wise.; Countryside Home, State, County and Municipal

Employees (AFSCM 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 (AFSCM E).................................

Dade County, Fla.; Fire Department, Firefighters (IA FF).............................

Wisconsin; Department of Veterans Affairs, State, County and Municipal Employees (AFSCM E)................................................................................

Burlington County, N .J.; County, Library Commission and Mosquito 

Extermination Commission, New Jersey Civil Service Association (Ind.). 

South Dakota; Board of Charities and Corrections, State, County and Municipal Employees (AFSCM E).............................................................................

Los Angeles County, Calif.; Deputy probation officers unit, State, County

and Municipal Employees (AFSCM E)............................................................

Pennsylvania; Human services unit, State, County and Municipal Employees

(AFSCM E)............................................................................................................

Pennsylvania; Medical and supportive job classifications, Unit I, Pennsylvania Nurses Association (Ind.)........................................................................

Putnam County, N.Y.; countywide unit, Civil Service Employee’s Association (Ind.)...............................................................................................................

Massachusetts; Southeastern Massachusetts University, Teachers (AFT) .. 

Wisconsin; University of Wisconsin, State, County and Municipal Employees (AFSCM E).............................................................................................

Oakland County, Mich.; maintenance, custodial and grounds employees

unit, State, County and Municipal Employees (AFSCM E)........................

Middlesex County, Mass.; Registry of Deeds, State, County and Municipal Employees (AFSCM E)................................................................................

Dade County, Fla.; multidepartment unit, State, County and Municipal

Employees (AFSCM E).......................................................................................

New Jersey; Rutgers, the State University, American Association of University Professors (AAUP) (Ind.)......................................................................

Employer and union

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Employer and union

Massachusetts, Department of Corporations and Taxation, State, County

and Municipal Employees (AFSCM E)............................................................

Wisconsin; Department of Transportation, State, County and Municipal

Employees (AFSCM E).......................................................................................

Los Angeles County, Calif.; supervisory professional engineers unit, Marine

Engineers (MEBA)...............................................................................................

Broome County, N.Y.; Department of Public Works and Parks and Recreation, nonsupervisory employees unit, State, County and Municipal Employees (AFSCM E).............................................................................................

Tioga County, N.Y.; countywide unit, Civil Service Employees’ Association (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 (SEIU )................................................................................

Oneida County, N.Y.; countywide unit, Civil Service Employees’ Association (Ind.).........................................................................................................

New York; State University of New York, professional services negotiating unit, United University Professions (Ind.).........................................

Massachusetts; Metropolitan District Commission, Police Lieutenants and

Sergeants, Massachusetts State Employees’ Association (Ind.)................

Massachusetts; Metropolitan District Commission, Police Patrolmen, State,

County and Municipal Employees (AFSCM E).............................................

Greene County, N.Y.; Highway Department, unit of blue-collar employees,

State, County and Municipal Employees (AFSCM E).................................

Michigan; Northern Michigan University, unit of blue-collar personnel,

State, County and Municipal Employees (AFSCM E).................................

Pennsylvania; Medical and supportive job classifications, Unit III, Pennsylvania Nurses Association (Ind.)........................................................................

Montana; Department of Institutions, Boulder River School and Hospital, 

Galen State Hospital, Montana State Prison, State, County and Municipal Employees (AFSCM E)................................................................................

Dane County, Wise.; countywide nonprofessional unit and police, State,

County and Municipal Employees (AFSCM E).............................................

Winnebago County, Wise.; most nonsupervisory employees, Winnebago

County Courthouse Employees’ Association (Ind.).....................................

Cuyahoga County, Ohio; County hospitals, State, County and Municipal

Employees (AFSCM E).......................................................................................

Langlade County, Wise.; Highway employees, State, County and Municipal Employees (AFSCM 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 (SEIU )....................................................

Massachusetts; University of Massachusetts, administrative services, office 

clerical and technical employees unit, Massachusetts State Employees’

Association (In d .)................................................................................................

Suffolk County, Mass.; countywide, clerical employees unit, Service Employees (SEIU).....................................................................................................

Wisconsin; Department of Health and Social Services, State, County and 

Municipal Employees (AFSCME)....................................................................

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Employer and union

Oakland County, M ich.; Probate Court, non-caseworkers unit, State, County

and Municipal Employees (AFSCME) ...........................................................

Dane County, Wise.; nonsupervisory law enforcement unit, Teamsters

(IBT) (Ind.)............................................................................................................

Marin County, Calif.; multioccupational unit, Marin Association of Public

Employees (Ind.).................................................................................................

Los Angeles County, Calif.; automotive and equipment maintenance unit,

State, County and Municipal Employees (AFSCM E)..................................

Ottawa County, Mich.; Board of County Road Commissioners, State,

County and Municipal Employees (AFSCM E)..............................................

Oakland County, Mich.; Probate Court, caseworkers unit, State, County

and Municipal Employees (AFSCM E)............................................................

Niagara County, N.Y.; blue-collar employees unit, State, County and Municipal Employees (AFSCME).............................................................................

Summit County, Ohio; Commissioners’ employees, State, County and Municipal Employees (AFSCME).............................................................................

Wisconsin; Department of Administration, professional engineering bargaining unit, State Highway Engineers Association (Ind.).................................

M assachusetts; D epartm ent of Public W elfare, Service Em ployees

(SEIU) .................................................................................................................

Orange County, Calif.; general county and supervisory management units,

Orange County Employees Association (Ind.)...............................................

Hawaii; Board and Department of Education, educational officers, State,

County and Municipal Employees (AFSCM E).............................................

Pueblo County, Colo.; Highway Department, State,County and Municipal

Employees (AFSCM E).......................................................................................

Lapeer County, Mich.; Road Commission, State, County and Municipal

Employees (AFSCM E).......................................................................................

Chautauqua County, N.Y.; countywide unit, Civil Service Employees’

Association (Ind.),...............................................................................................

Wisconsin; Department of Administration, security and public safety, 

blue-collar (except building trades), and technical units, State, County and

Municipal Employees (AFSCME)....................................................................

Tompkins County, N.Y.; countywide unit, Civil Service Employees’ Association (Ind.) ........................................................................................................

Chenango County, N.Y.; countywide unit, Civil Service Employees’ Association (Ind.) ........................................................................................................

Columbia County, Wise.; Highway Department, State, County and Municipal Employees (AFSCM E)................................................................................

Kalamazoo County, Mich.; Road Commission, Teamsters (IBT) (In d .).....

Portage County, Wise.; County Courthouse and Home employees, State,

County and Municipal Employees (AFSCM E)..............................................

Itasca County, Minn.; Welfare and Hospital Commission, Minnesota

Nurses Association (Ind.)...................................................................................

King County, W7ash.; Departments of Public Safety and Rehabilitative Services and the Cedar Hills Alcoholic Treatment Center, Service Employees

(SEIU)....................................................................................................................

St. Louis County, Minn.; Welfare Department, State, County and Municipal Employees (AFSCME).............................................................................

San Diego County, Calif.; countywide unit, San Diego County Employees

Association (In d .)................................................................................................

Cortland County, N.Y.; countywide unit, Civil Service Employees’ Association (Ind.)..........................................................................................................

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Waukesha 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, investigators and troopers unit, Police Benevolent Association of the New York

State Police (Ind.)................................................................................................

Ohio; Ohio U niversity, S tate, C ounty and M unicipal Em ployees

(AFSCM E)............................................................................................................

Oregon; Eastern Oregon State College, classified employees, Oregon State

Employees Association (In d .)................................................. .........................

Massachusetts; Metropolitan District Commission, engineering technicians

unit, State, County and Municipal Employees (AFSCM E)........................

Oakland County, Mich.; Road Commission, hourly rated, nonsupervisory 

employees unit, State, County and Municipal Employees (AFSCM E).... 

Delaware; Department of Health and Social Services, Division of Mental

Retardation, Hospital for the Mentally Retarded, Laborers (LIUNA).....

M innesota; Statewide unit, State, County and Municipal Employees

(AFSCM E)............................................................................................... ...........

Erie County, N.Y.; blue-collar employees unit, State, County and Municipal Employees (AFSCM E).................................................... ...........................

Coos County, Ore.; Highway Department, State, County and Municipal

Employees (AFSCM E).......................................................................................

Niagara County, N.Y.; white-collar employees unit, Civil Service Employees’ Association (Ind.)................................................................................

Cuyahoga County, Ohio; Hospitals, nonsupervisory and nonprofessional

employees, State, County and Municipal Employees (AFSCM E)............

New Jersey; Rutgers, the State University, maintenance and service employees unit, State, County and Municipal Employees (AFSCM E)..... .

Illinois; Southern Illinois University, Edwardsville Campus, nonacademic

employees unit, Service Employees (SEIU)...................................................

Onondaga County, N. Y .; Sheriffs Department, The Deputy Sheriffs’ Benevolent Association of Onondaga County (Ind.)................................................

Essex County, N.Y. ; countywide unit, Civil Service Employees’ Association

(Ind.)................................................................................................ ......................

Monroe County, N.Y.; countywide unit, Civil Service Employees’ Association (Ind.)..........................................................................................................

Waukesha County, Wise.; multidepartment unit, State, County and Municipal Employees (AFSCM E).............................................................................

Los Angeles County, Calif.; social services investigators unit, Service

Employees (SEIU )...............................................................................................

Rensselaer County, N.Y.; countywide unit, Civil Service Employees’

Association (Ind.)................................................................................................

Los Angeles County, Calif.; dental professionals unit, Association of Los

Angeles County Dental Personnel (Ind.) ................................... .....................

Washington; Department of Revenue, Washington State Employees Association (Ind.)................................................................................. .......................

Calhoun County, Mich.; Board of Social Services, Kimball Medical Care

Facility, Service Employees (SEIU)................................................................

Fond du Lac County, Wise.; Mental Health Center, State, County and

Municipal Employees (AFSCM E)............................................................. .

Broome County, N.Y.; white-collar employees, Civil Service Employees’

Association (In d .)..................................................................... ..........................

Michigan; Eastern Michigan University, nonacademic employees, State, 

County and Municipal Employees (AFSCM E).............................................

Employer and union

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Los Angeles County, Calif.; firefighters unit, Firefighters (IA FF)................

Illinois; University of Illinois, food service employees unit, Service Employees (SEIU)......................................................................................................

Nassau County, N.Y.; Police Department, Patrolmen’s Benevolent Association of the Police, Department of the County of Nassau (Ind.).................

Massachusetts; Department of Mental Health, State, County and Municipal

Employees (AFSCM E).......................................................................................

New Castle County, Del.; countywide, hourly employees unit, State,

County and Municipal Employees (AFSCM E)..............................................

Delaware; Department of Highways and Transportation, nonprofessional 

employees unit, State, County and Municipal Employees (AFSCM E).... 

Dade County, Fla.; Department of Public Works, Waste Division, State,

County and Municipal Employees (AFSCM E)..............................................

Michigan; Western Michigan University, service staff, State, County and

Municipal Employees (AFSCME)....................................................................

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 FSCM E)..................................

Saratoga County, N.Y.; countywide unit, Civil Service Employees’ Association (Ind.)..........................................................................................................

Warren County, N.Y.; countywide, nonsupervisory employees unit, Civil

Service Employees’ Association (In d .)...........................................................

Los Angeles County, Calif.; paramedical technical employees unit, Service

Employees (SEIU )...............................................................................................

Wayne County, Mich.; Road Commission, Society of County Engineers

(Ind.)......................... .............................................................................................

Ontario County, N.Y.; countywide unit, Civil Service Employees’ Association (Ind.)...............................................................................................................

Ontonagon County, Mich.; Road Commission, State, County and Municipal

Employees (AFSCM E).......................................................................................

Bay County, Mich.; Road Commission, State, County and Municipal Employees (AFSCME)..................................... ........................................................

Macomb County, Mich.; Road Commission, State, County and Municipal

Employees (AFSCM E).......................................................................................

Westchester County, N.Y.; countywide, nonprofessional and nonsupervisory employees, Civil Service Employees’ Association (Ind.)................

Cook County, 111.; Cook County Hospital, service employees, Service

Employees (SEIU )...............................................................................................

Marathon County, Wise.; Highway Department, State, County and Municipal Employees (AFSCM E)................................................................................

Sauk County, Wise.; Highway Department, State, County and Municipal

Employees (AFSCM E).......................................................................................

Michigan; Central Michigan University, Central Michigan University Faculty

Association (In d .)................................................................................................

Montgomery County, Ohio; multidepartment unit, State, County and Municipal Employees (AFSCM E)..............................................................................

New York; Division of State Police, captains and lieutenants unit, Civil

Service Employees’ Association (In d .)........................................................ .

Oneida County, Wise.; Highway Department, State, County and Municipal

Employees (AFSCM E).......................................................................................

Pennsylvania; Liquor Control Board, retail stores and subwarehouse, unit 

of clerks, cashiers, and subwarehousemen, Retail Clerks (RCIA)............

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Federal Reserve Bank of St. Louis
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, Wash.; countywide unit, State, County and Municipal

Employees (AFSCM 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, Wash.; Public Utility District No. 1, Office and Professional Employees (OPEIU)................................................................................

Marin County, Calif.; Sheriffs Department, Marin County Deputy Sheriffs

Association (In d .)................................................................................................

Nassau County, N.Y.; countywide unit, Civil Service Employees’ Association (Ind.)...............................................................................................................

Jackson County, Mich.; Medical Care Facility, State, County and Municipal Employees (AFSCM E)................................................................................

Los Angeles County, Calif.; Institutional Support Services, Service Employees (SEIU).....................................................................................................

Orange County, N.Y.; countywide unit, Civil Service Employees’ Association (Ind.).........................................................................................................

Erie County, N.Y.; Sheriffs Department, State, County and Municipal

Employees (AFSCM E).......................................................................................

Ramsey County, Minn.; Hospital Administration, State, County and Municipal Employees (AFSCME).............................................................................

Pennsylvania; maintenance and trades unit, State, County and Municipal Employees (AFSCM E).............................................................................................

Delaware; University of Delaware, physical plant, food service and dormitories, State, County and Municipal Employees (AFSCM E).....................

Pierce County, Wash.; Hospital Council, Lakewood General Hospital,

Washington State Nurses Association (Ind.).................................................

Oregon; Eastern Oregon Hospital and Training Center, Oregon State Employees Association (Ind.).................................................................................

Michigan; Michigan Technological University, State, County and Municipal Employees (AFSCM E)................................................................................

Oregon; Portland State University, Oregon State Employees Association

(Ind.).......................................................................................................................

Wisconsin; professional patient care unit, Wisconsin Nurses Association (Ind.)...............................................................................................................

Massachusetts; Division of Civil Service, Massachusetts State Employees

Association (In d .)................................................................................................

Delaware; Department of Correction, New Castle, Kent and Sussex Correctional In stitu tio n s, State, County and M unicipal Em ployees

(AFSCME) ...........................................................................................................

Lucas County, Ohio; Road Maintenance Department, State, County and

Municipal Employees (AFSCME)....................................................................

Suffolk County, Mass.; County Jail, State, County and Municipal Employees (AFSCM E).............................................................................................

Minnesota; Department of Public Safety, radio communications operators,

State, County and Municipal Employees (AFSCM E).................................

Dickinson County, Mich.; Road Commission, State, County and Municipal Employees (AFSCM E)................................................................................

Michigan; University of Michigan, Washtenaw County Local Building

Trades Council.....................................................................................................

Marin County, Calif.; firefighters unit, Marin Association of Public Employees (Ind.)........................................................................................................

Employer and union

83

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Federal Reserve Bank of St. Louis
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182

183

184

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187

188

189

190

191

192

193

194

195

196

197

198

199

200

201

202

203

204

205

206

Employer and union

Grays Harbor County, Wash.; Road Department, Engineer’s Office and 

Equipment Pool, State, County and Municipal Employees (AFSCME)... 

Milwaukee County, Wise.; nurses unit, Staff Nurses Council of Milwaukee

(Ind.)......................................................................................................................

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 (AFSCM E)..............................................

Onondaga County, N.Y.; Community College, Teachers (A FT )...................

Manitowoc County, Wise.; Health Care Center, nonprofessional staff,

State, County and Municipal Employees (A FSCM E).................................

Massachusetts; Department of Mental Health, Massachusetts Nurses Association (Ind.).........................................................................................................

Michigan; Ferris State College, unit of nonsupervisory, nonacademic personnel, State, County and Municipal Employees (AFSCME)....................

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 Employees (AFSCME).............................................................................................

Los Angeles County, Calif.; security guards unit, Service Employees

(SEIU)....................................................................................................................

Monroe County, N.Y.; Department of Social Services, Electrical Workers

(IUE).......................................................................................................................

Greene County, N.Y.; countywide except those represented by other organizations, Civil Service Employees’ Association (Ind.)...........................

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 Municipal Employees (AFSCM E)..............................................................................

Manitowoc County, Wise.; highway employees, State, County and Municipal Employees (AFSCM 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 Employees’ Association (Ind.)..........................................................................................................

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’ Association (CSEA )..........................................................................................................

Cuyahoga County, Ohio; Board of Mental Retardation, Association of Cuyahoga County Teachers of Trainable Retarded (Ind.)....................................

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 Parkway Patrolm en’s Benevolent Association 

(Ind.)................................ ......................................................................................

84

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Federal Reserve Bank of St. Louis
Clause

number

207

208

Onondaga County, N.Y.; licensed practical nurses unit, Licensed Practical

Nurses of New York (Ind.)................................................................................ December 1976

Marin County, Calif.; Probation Department, Service Employees (SEIU).. June 1977

Employer and union Expiration date

85

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Federal Reserve Bank of St. Louis
| A basic reference source showing how

negotiators in different industries handle ' 

]< ^ ^ P 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 Bulletin Date of

Desired Title Number Publication Price

Major Collective Bargaining Agreements:

__ Grievance Procedures.................................................................. . . . 1425-1............. ............1964 ........................... . . .$ 1.45

__ Severance Pay and Layoff Benefit Plans..................................... .. . 1425-2............. ............1965 ........................... ... 1.80

___ Supplemental Unemployment Benefit Plans and

Wage-Employment Guarantees................................................ . . . 1425-3............. ............1965 ........................... ... 1.80

__ Deferred Wage Increase and Escalator Clauses....................... . . . 1425-4............. ............1966 ........................... ... 1.10

— Management Rights and Union-Management Cooperation.. . . . . . 1425-5............. ........... 1966 ........................... ... 1.35

__ Arbitration Procedures.................................................................. . . . 1425-6.............. ........... 1966 ........................... . . . 2.40

___ Training and Retraining Provisions............................................. . . . 1425-7.............. ........... 1969 ........................... ... 1.05

___ Subcontracting............................................................................... . . . 1425-8............. ........... 1969 ........................... ... 1.10

___ Paid Vacation and Holiday Provisions......................................... . . . 1425-9............. ........... 1969 ........................... ... 1.90

__ Plant Movement, Transfer, and Relocation Allowances........... . . . 1425-10........... ........... 1969 ........................... ... 1.55

__ Seniority in Promotion and Transfer Provisions......................... . . . 1425-11........... ........... 1970 ......................... 1.25

__ Administration of Negotiated Pension, Health, and

Insurance P lans.......................................................................... . . . 1425-12............ ........... 1970 ......................... 1.00

___ Layoff, Recall, and Worksharing Procedures............................. . . . 1425-13........... ........... 1972 ......................... ... 1.75

___ Administration of Seniority............................................................ . . . 1425-14............ ........... 1972 ......................... ... 1.25

— Hours, Overtime and Weekend Work ......................................... . . 1425-15 .......... ........... 1974 .......................... 1.45

Total for all 15 Bulletins ................................................................ . . . $22.20

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.

Regional Office

Bureau of Labor Statistics

U.S. Department of Labor

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

Digitized for FRASER ☆ U. S. G O V ERN M EN T PRIN TIN G O F F IC E : 1976 O - 210-882 (192)

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Federal Reserve Bank of St. Louis
BUREAU OF LABOR STATISTICS

REGIONAL OFFICES

Region I

1603 JFK Federal Building 

Government Center 

Boston, Mass. 02203 

Phone: (617) 223-6761

Region II

Suite 3400 

1515 Broadway 

New York, N.Y. 10036 

Phone: (212) 399-5405

Region III

3535 Market Street 

P.O. Box 13309 

Philadelphia, Pa. 19101 

Phone: (215) 596-1154

Region IV

1371 Peachtree Street, NE. 

Atlanta, Ga. 30309 

Phone: (404) 526-5418

Region V

9th Floor

Federal Office Building 

230 S. Dearborn Street 

Chicago, III. 60604 

Phone: (312) 353-1880

Region VI

Second Floor

555 Griffin Square Building 

Dallas, Tex. 75202 

Phone: (214) 749-3516

Regions V II and V III*

911 Walnut Street 

Kansas City. Mo. 64106 

Phone: (816) 374-2481

Regions IX and X **

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

Digitized for FRASER 

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Federal Reserve Bank of St. Louis
U. S. Department of Labor 

Bureau of Labor Statistics 

Washington, D.C. 20212

Official Business 

Penalty for private use, $300

Postage and Fees Paid 

U.S. Department of Labor

Third Class Mail

Lab-441

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Federal Reserve Bank of St. Louis