L 7, 3 '

Municipal Collective ' 

Bargaining

U. S. DEPARTMENT OF LABOR

Bureau of Labor Statistics

1972

iND.

Dayton & Montgomery Co.

Public Library

DEC 2 61972 

DOCUMENT COLLECTION

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Federal Reserve Bank of St. Louis
Municipal Collective

Bargaining

Agreements in

Large Cities

Bulletin 1759

U. S. DEPARTMENT OF LABOR

James D. Hodgson, Secretary

BUREAU O F LABO R STATISTICS

Geoffrey H. Moore, Com missioner

1972

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Federal Reserve Bank of St. Louis
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, and 

was carried out with funds made available by the Labor-Management Services 

Administration of the Department of Labor.

The Bureau made this study to provide management and union negotiators with 

information on the characteristics of public employee agreements, in this case, in 

major cities. Studies in progress cover agreements for policemen and firemen and for 

Federal employees.

This bulletin was prepared in the Division of Industrial Relations by Richard R. 

Nelson, with the assistance of Haney R. Pearson and Donald L. Breneman, under the 

direction of Leon E. Lunden, Project Director. Ronald W. Glass and John L. Gurney 

participated in the planning and data collection phases of this project.

in

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Contents

Page

Chapter 1. Introduction .................................................................................................................................................... 1

Scope and method of study ..................................................................................................................................... 1

Chapter 2. General characteristics ..................................................................................................................................... 3

Regional distribution ................................................................................................................................................. 3

City size and employee organization ....................................................................................................................... 3

Size of bargaining unit .............................................................................................................................................. 3

Occupational groups ....................................................... 4

City activities ......................................................................................................................................................... 4

Agreement term ...................................................................................................................................................... 4

Chapter 3. Agreement provisions ..................................................................................................................................... 9

Administrative provisions ........................................................................................................................................ 9

R ecognition....................................................................................................................................................... 9

Union security ................................................................................................................................................. 9

Dues checkoff ................................................................................................................................................ \ \

Management rights .......................................................................................................................................... 12

Antidiscrimination .......................................................................................................................................... 12

Activities of employee organizations............................................................................................................. 13

Labor-management activities ......................................................................................................................... 14

Personnel actions ...................................................................................................................................................... 16

P ro m o tio n ......................................................................................................................................................... 16

Demotion ......................................................................................................................................................... 17

Layoff procedures .......................................................................................................................................... 18

Job s e c u rity ...................................................................................................................................................... 19

Hours, overtime, and premium pay ......................................................................................................................... 19

Scheduled hours; daily and weekly overtime .............................................................................................. 19

Regulation of overtime .............................................................................................................................. 20

Weekend work ............................................................................................................................................. 20

Holidays worked ............................................................................................................................................. 21

Wage provisions and allowances .............................................................................................................................. 21

Wage adjustments .......................................................................................................................................... 21

Job classification and reclassification ....................................................................................................... 22

Shift differentials............................................................................................................................................. 23

Mileage allowances .......................................................................................................................................... 23

Travel p a y ......................................................................................................................................................... 23

Clothing allowances ....................................................................................................................................... 23

Selected payments for time not worked ................................................................................................................ 23

Sick leave ......................................................................................................................................................... 23

Funeral leave ................................................................................................................................................ 24

Jury duty ...................................................................................................................................................... 24

Paid military leave ............................................................................................................ 26

Call back pay ................................................................................................................................................... 26

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Contents—Continued Page

Reporting pay ............................................................................................................................................. 26

Paid rest periods .......................................................................................................................................... 27

Paid meal p e rio d s.......................................................................................................................................... 27

Washup, cleanup .......................................................................................................................................... 28

Vacations ..................................................................................................................................................... 29

H o lid ay s........................................................................................................................................................ 29

Unpaid leave provisions.......................................................................................................................................... 29

Military leave ............................................................................................................................................... 29

Union business ............................................................................................................................................ 30

Personal le a v e ................................................................................................................................................ 31

Maternity leave ............................................................................................................................................. 31

Education ..................................................................................................................................................... 32

Miscellaneous leave provisions .................................................................................................................. 33

Grievance and arbitration p rocedures.................................................................................................................. 33

Scope of the grievance procedure ............................................................................................................ 33

Exclusions from the grievance procedure ................................................................................................. 34

Union participation .................................................................................................................................... 34

Procedural steps and time limits ............................................................................................................... 35

Arbitration ................................................................................................................................................... 35

Disciplinary procedures.......................................................................................................................................... 37

No-strike provisions................................................................................................................................................ 38

Official time for grievances and negotiations...................................................................................................... 38

Negotiation impasse procedures and related matters ......................................................................................... 39

Savings clau se s........................................................................................................................................................ 41

Chapter 4. Teacher provisions in municipal collective bargaining agreements ........................................................ 54

Academic freedom ............................................................................................................................................... 54

Professional behavior ............................................................................................................................................. 54

Professional development .................................................................................................................................... 54

Teacher evaluation ................................................................................................................................................ 56

Consultation ........................................................................................................................................................... 56

Working conditions ................................................................................................................................................ 57

Classroom environm ent.......................................................................................................................................... 59

Professional integrity ............................................................................................................................................. 60

Tables:

1. Municipal agreements and worker coverage in cities with populations of 250,000 and over, by region

and State, 1970 ....................................................................................................................................... 2

2. Municipal agreements and worker coverage in cities with populations of 250,000 and over, by city

size group and city, 1970 5

3. Union affiliation in municipal agreements in cities with populations of 250,000 and over, by city

size, region, and size of bargaining unit, 1970 ...................................................................................... 6

4. Bargaining units of 10,000 workers or more in cities with populations of 250,000 and over, by city,

agency and organization, 1970 6

5. Union affiliation and type of organization in municipal agreements in cities with populations of

250,000 and over, by occupational group and government activity, 1970 ................................... 7

6. Municipal agreements and worker coverage in cities with populations of 250,000 and over, by

contract duration, union affiliation, and type of organization, 1970 ............................................... 8

7. Union security, dues checkoff, and management rights provisions in municipal agreements in cities

with populations of 250,000 and over, by region, 1970 ................................................................... 41

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Contents—Continued Page

8. Union security, dues checkoff, and management rights provisions in municipal agreements in cities

with populations of 250,000 and over, by occupational group and government activity, 1970 . . 42

9. Types of union security provisions in municipal agreements in cities with populations of 250,000

and over, by city size, 1970 ................................................................................................................... 43

10. Antidiscrimination provisions in municipal agreements in cities with populations of 250,000 and

over by region, 1970 .............................................................................................................................. 43

11. Selected provisions governing activities of employee organizations in municipal agreements in cities

with populations of 250,000 and over, by city size, 1970 ................................................................. 43

12. Labor-management committees in municipal agreements in cities with populations of 250,000 and

over, by city size, 1970 44

13. Promotion and demotion procedures in municipal agreements in cities with populations of 250,000

and over, 1970 44

14. Selected reduction-in-force procedures in municipal agreements in cities with populations of

250.000 and over, by city size, 1970 .................................................................................................... 44

15. Miscellaneous job security provisions in municipal agreements in cities with populations of 250,000

and over, 1970 45

16. Hours and overtime provisions in municipal agreements in cities with populations of 250,000 and

over, by city size, 1970 45

17. Premium pay for weekend and holiday work in municipal agreements in cities with populations of

250.000 and over, by city size, 1970 .................................................................................................... 45

18. Wage adjustment provisions in municipal agreements in cities with populations of 250,000 and over,

by contract duration, 1970 .................................................................................................................. 46

19. Wage adjustment and contract reopener provisions in municipal agreements in cities with

populations of 250,000 and over, by city size, 1970 ......................................................................... 46

20. Role of employee organization in job classification in municipal agreements in cities with

populations of 250,000 and over by occupation, 1970 .................................................................... 47

21. Travel time pay, mileage allowance, and special clothing allowance or maintenance in municipal

agreements in cities with populations of 250,000 and over, by occupation, 1970 ........................ 47

22. Selected payments for time not worked in municipal agreements in cities with populations of

250.000 and over, by occupational group, 1970 ............................................................................... 48

23. Maximum paid vacation in municipal agreements in cities with populations of 250,000 and over, by

city size, 1970 .......................................................................................................................................... 49

24. Number of paid holidays in municipal agreements in cities with populations of 250,000 and over, by

region, 1970 ............................................................................................................................................. 49

25. Leave of absence provisions in municipal agreements in cities with populations of 250,000 and over,

1970 ........................................................................................................................................................ 51

26. Negotiated and agency grievance procedures in municipal agreements in cities with populations of

250.000 and over, by city size, 1970 .................................................................................................... 51

27. Negotiated grievance procedures in municipal agreements in cities with populations of 250,000 and

over, by city size, 1970 ........................................................................................................................ 51

28. Selected arbitration procedures in municipal agreements in cities with populations of 250,000 and

over, by city size, 1970 52

29. Selected disciplinary procedures in municipal agreements in cities with populations of 250,000 and

over, by city size, 1970 52

30. Official time allowances for employee organization business in municipal agreements in cities with

populations of 250,000 and over, by city size, 1970 ......................................................................... 53

31. Negotiation impasse procedures in municipal agreements in cities with populations of 250,000 and

over, by city size, 1970 ........................................................................................................................ 53

Appendix. Identification of clauses .............................................................................................................................. 62

VI

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Federal Reserve Bank of St. Louis
Chapter 1. Introduction

Over the last few years, public employee labor 

relations and collective bargaining have grown in importance in Federal installations and in State and local 

government units. The Bureau has examined aspects of 

this growth in a number of recent publications.1 In late 

1971, the Bureau reported that 1970 membership in 

unions and employee associations in the public sector 

had increased to a new high of 2.7 million, and thus had 

continued the growth trend evident over the last few 

years.2 Most of the increase occurred among employees 

of State and local governments. At about the same time, 

the Bureau also published work stoppage data for 1970 

which revealed a continued high level of stoppages 

among State and local government employees.3 Taken 

together, these two reports focused attention on one of 

the basic needs that union and management negotiators 

in State and local jurisdictions have, namely, for 

information upon which rational, and hopefully, 

peaceful agreements can be based. Clearly, knowledge of 

current collective bargaining contracts of public employees would be beneficial.

This study is the first the Bureau has made of public 

employee labor contracts below the Federal level and 

provides data on a wide variety of collective bargaining 

provisions. In addition to aiding negotiators now, the 

statistics derived from the study will serve as a benchmark against which the Bureau will measure changes in 

later studies.

Scope and method of study

For this study, the Bureau examined 286 collective 

bargaining agreements and related documents covering 

613,490 municipal employees in cities having populations of 250,000 or more. (See table 1.) These were 

negotiated in 39 cities, or more than 70 percent of the 

55 cities which, according to the 1970 census, had 

populations of 250,000 or more.4 These cities were 

located in 24 States and included the District of 

Columbia. Of the remaining 16 cities in the population 

size group,5 two—Norfolk, Virginia and San Antonio, 

Texas-had neither active employee organizations, nor 

collective bargaining agreements at the time that this 

study was made. Another two—Nashville, Tennessee and

Tulsa, Oklahoma—had active employee organizations 

and written agreements, but the Bureau had not received 

contracts from them by the time study tabulations were 

completed. Finally, 12 cities had active unions and 

associations, but as yet had negotiated no written 

contracts. In some of these 12, lack of written agreements did not necessarily denote lack of labor relations 

activity. Some cities—for example, Minneapolis, Minnesota and Wichita, Kansas—confer informally with 

employee organizations; and Honolulu, subsequent to

1 Directory of National and International Labor Unions in the

United States, 1967 (BLS Bulletin 1596, 1968); Independent

State and Local Public Employee Associations in California,

1968 (joint project of BLS and California Department of

Industrial Relations, Division of Labor Statistics and Research);

Municipal Public Employee Associations (BLS Bulletin 1702,

1971); Philadelphia Municipal Employees: Compensation

Chronology 1953-1971 (BLS Mideast Region Report No. 3);

Municipal Labor-Management Relations: Chronology of

Compensation Developments in Milwaukee, 1960-70 (BLS

Bulletin 1720, 1971). Also, see Municipal Government Wage

Surveys for selected cities.

2“Labor Union and Employee Association Membership,

1970,” Press Release, USDL, Sept. 13, 1971. For earlier data,

see “Union Membership Among Government Employees,”

Monthly Labor Review, July 1970.

3In 1970, there were 412 State and local government

stoppages involving 333,500 workers. These resulted in 2 million

man-days idle, or 0.06 percent of estimated working time. Work

Stoppages in 1970, Summary Report, U.S. Department of

Labor, Bureau of Labor Statistics, August 1971. Also, see Work

Stoppages in Government, 1958-68 (BLS Report 348, 1970). A

summary release issued November, 1971, updates the information for 1969 and 1970.

4The 39 cities are Akron, Atlanta, Baltimore, Boston,

Buffalo, Chicago, Cincinnati, Cleveland, Columbus, Denver,

Detroit, Forth Worth, Indianapolis, Jacksonville, Jersey City,

Kansas City, Los Angeles, Louisville, Memphis, Milwaukee,

Newark, New Orleans, New York, Oakland, Oklahoma City,

Omaha, Philadelphia, Phoenix, Pittsburgh, Portland, Rochester,

Sacramento, San Francisco, San Jose, Seattle, Tampa, Toledo,

Tucson, Washington, D.C. The 16 cities for which no contracts

were available to the Bureau of Labor Statistics are Birmingham,

Dallas, El Paso, Honolulu, Houston. Long Beach, Miami,

Minneapolis, Nashville, Norfolk, St. Louis, St. Paul, San

Antonio, San Diego, Tulsa, and Wichita.

5 The information which follows was derived from a

questionnaire survey now in progress on municipal labor

relations policies.

1

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Federal Reserve Bank of St. Louis
the study, came under a new State collective bargaining 

law that promised more formalized labor relations in the 

future.

Included in the study are collective bargaining agreements similar to those in private industry as well as other 

documents, such as memoranda of understanding, 

ordinances, or other unilateral promulgations, which 

clearly indicate that they were the result of bilateral 

negotiations. This approach understates the effect of 

unions and associations on municipal labor relations 

policies. In many cases, seemingly unilateral city 

ordinances and executive orders actually are the consequence of discussions involving employee organizations. 

However, since no record of this involvement has been 

set forth in the documents, they have not been 

considered within the scope of the study. For convenience of exposition, documents used in this study 

will be referred to as agreements or contracts.

Data in the following chapters indicates the relatively 

low prevalence of some provisions compared with 

agreements in the private sector. In part, the low 

prevalences result from the recent origin of most 

municipal bargaining. As these relationships mature, 

changes are likely to occur. In addition, much of what is

normal in private sector agreements has been governed 

for years in municipalities by civil service rules and 

regulations, administrative actions, and legislative acts, 

all in the absence of collective bargaining. Although 

many of these traditional bargaining items will find their 

way into municipal contracts, one cannot expect that 

private industry patterns will be repeated in all details. 

City bargainers will work out their own solutions to 

labor relations problems suitable to their particular 

municipal situations.

In addition to the discussion of city agreements, 

generally, the final section of this report illustrates 

clauses found in teacher contracts. An appendix 

identifies the clauses used as illustrations in the study. 

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. Agreement language is 

elusive and complicated, and often requires interpretation through the arbitration process. What is carried out 

in practice, furthermore, may differ from contract 

language. 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.

Table 1. Municipal agreements and worker coverage in cities with populations of 250,000 and over, by region

and State, 19701

Region and State Agreements Workers Region and State Agreements Workers

T o ta l......................................... 286 613,490 South A tlan tic................................. 24 48,612

M o r u l a n r l 1 n qnn

New England.................................... 24 22,630 District of Columbia ..............

1 u

9

O H ,O U U

12,120

* Massachusetts .......................... 24 22,630 Georgia ...................................... 1 350

Florida......................................... 4 1,842

Middle A tla n tic ............................... 71 342,800

New York ................................. 51 301,316 East South Central.......................... 20 8,690

New Jersey ............................... 10 8,384 Kentucky .................................... 12 1,705

Pennsylvania ............................. 10 33,100 Tennessee ................................. 8 6,985

East North Central.......................... 82 137,849 West South Central ........................ 3 3,960

Ohio ........................................... 26 44,309 Louisiana.................................... 1 700

Indiana ...................................... 4 5,800 Oklahoma .................................. 1 60

Illin o is ........................................ 8 38,950 Texas........................................... 1 3,200

Michigan .................................... 18 31,342

Wisconsin.................................... 26 17,448 M ountain........................................... 13 10.478

C olorado.................................... 8 6,178

West North Central ........................ 7 6,750 A rizo n a ...................................... 5 4,300

Missouri...................................... 2 1,500

Nebraska.................................... 5 5,250 P acific................................................ 42 31.721

Washington ............................... 15 12,620

Oregon......................................... 3 4,600

California.................................... 24 14,501

1 Tables cover all cities of 250,000 inhabitants or more which

had written agreements and which made these agreements available.

NO TE: Only the States listed (including the District of

Columbia) were represented in the study. Twenty-one States do

not have a city with a population of 250,000 or more. Minnesota, Kansas, Virginia, Alabama, and Hawaii had cities meeting

the minimum population requirement, but agreements were not

available or no agreements had been negotiated.

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Federal Reserve Bank of St. Louis
Chapter 2. General Characteristics

Regional distribution

Fifty-three percent of the 286 agreements were from 

cities in the Middle Atlantic and East North Central 

States, areas traditionally strong in private sector 

unionism. A smaller concentration of agreements was 

found in the Pacific region. Unionization in general does 

not have a strong foothold in the West South Central 

and West North Central States.1 Consequently, collective bargaining among government employees is not 

likely to be widespread at this stage.

More than half of the worker coverage reported came 

from the Middle Atlantic region, largely because of the 

effect of organization in New York City, which alone 

accounted for 11 percent of all agreements and more 

than 46 percent of the represented employees. (See table

2.) Because of the effect of New York City agreements 

on worker coverage, text references to the frequency of 

particular provisions will be in the number and proportion of contracts. Tables, however, carry worker 

coverage.2

City size and employee organization

New York City agreements and worker coverage also 

influenced the concentration of workers in cities of 1 

million and over (63 percent of those in the study) 

compared with the number of agreements covering them 

(24 percent of those in the study). In smaller city 

population size groups, most of the agreements were 

widely dispersed as were the remaining minority of 

workers. (See table 3.) Agreements involving AFL-CIO 

affiliates were concentrated largely in the smaller city 

population size groups, but worker coverage again 

centered in cities of 1 million and over. By comparison, 

agreements involving employee associations and their 

worker coverage clustered in cities below 1 million. In 

total, employee associations negotiated 29 percent of 

the agreements covering 16 percent of the workers.

The American Federation of State, County and 

Municipal Employees (AFSCME) (AFL-CIO) had the 

most agreements of any employee organization studied 

and was the only union which had membership in all 

occupational groups and regions of the country. Four

unions and one association bargained for at least 20 of 

the agreements in the study:

Unions and associations Agreements Workers

All unions and associations 286 613,490

State, County and Municipal

(AFSCME) (AFL-CIO) ................. 56 216,288

National Education Association

(NEA) (Ind.) ................................. 23 48,835

Firefighters (IA FF) (A F L -C IO )____ 23 30,510

Teachers (AFT) (AFL-CIO) . ______ 22 163,950

These four employee organizations accounted for 

more than 43 percent of all agreements, covering nearly 

75 percent of the employees.

Size of bargaining unit

Most bargaining units in the study were moderate in 

size; almost 40 percent of the contracts covered fewer 

than 250 workers each. (See table 3.) However, 48 

percent were concentrated in nine bargaining units, each 

representing more than 10,000 workers.3 (See table 4.)

1 Municipal Public Employee Associations (BLS Bulletin

1702, 1971), table 10, p. 15, and Directory of National and

International Labor Unions in the United States, 1969, (BLS

Bulletin 1665, 1970), tables 10 and 11, pp. 76-7.

2 Among the 32 New York City agreements, two had a very

significant effect on worker coverage data: The Mayoral Agency

agreement with the American Federation of State, County and

Municipal Employees (AFL-CIO) involving 120,000 city

workers; and the Board of Education contract with the

American Federation of Teachers (AFL-CIO), covering 60,000

teachers.

3 Included in this group is the New York City Agreement

with the AFSCME covering 120,000 workers and referred to in

footnote 7. In New York City, a large number of separated units

were linked together under District Council 37 of the AFSCME,

once the union had achieved a citywide majority, to make one

unit for the purpose of negotiating working conditions or other

noneconomic matters. For each constituent bargaining unit, the

New York City Office of Labor Relations issues a separate

Implementing Personnel Order, which sets forth the economic

settlement for that specific bargaining situation.

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Occupational groups

Eighty-five percent of the agreements studied covered

a single occupational group; the largest number applied

to blue-collar workers. (See table 5.) However, more

white-collar than blue-collar employees were represented, especially professional and technical employees.

The preponderence of the professional and technical

group stemmed from the inclusion of large teacher

agreements and again, of the New York City white-collar

contract. Blue-collar employees of transit systems and

authorities represented the second largest group of

workers.

City activities

In municipal activities, agreements separated into two

major groups: those which are city wide, covering nearly

11 percent of the contracts and 30 percent of the

employees studied and those which focus on single

departments of city governments. (See table 5.)

The Bureau divided citywide contracts into two

groups: the first and most prevalent covering all city

activities, except police and fire. The second involving a

miscellany of agreements and including (a) those contracts which excluded activities other than protection

services and (b) those which applied citywide to an

occupational category, such as all clerical workers. Had

the study included smaller city population size groups,

the proportion of citywide agreements conceivably

would have been larger, because the smaller city sizes

lend themselves to city wide units.

Most agreements involved employees in one specific

activity or agency. Among these, three activities were

particularly noticeable: education, which exceeded all

others in both number of agreements and worker

coverage; transit systems; and the protective services,

police and fire. AFL-CIO affiliates were preponderant,

not only in citywide agreements, but in education,

transit, and protective services as well. Most employee

association agreements were clustered in education,

largely with the National Education Association, and in

police protection, involving a variety of policemen’s

organizations.

Agreement term

The duration of agreements was shorter in municipal

service than in the private sector, where most are in

effect for 3 years or longer. (See table 6.) Only 20

percent of the municipal agreements were in effect for 3

years or longer. About 65 percent expired after 2 years

or less. This shorter agreement term perhaps may reflect

the newness of the bargaining relationship. As table 6

shows, a number of agreements were negotiated for odd

numbers of months—for example, more than 1 year, but

less than 2; or more than 2 years but less than 3. To

some degree, these come about from bargaining talks

extending over many months which result in retroactive

settlements, as well as prospective ones. This lengthy

procedure conceivably develops not only from the

newness of some relationships, but also from the

complexity of bargaining and the relationship of the

economic settlement to city budgetary procedures.

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Federal Reserve Bank of St. Louis
Table 2. Municipal agreements and worker coverage in cities with populations of 250,000 and over, by city size

group and city, 19701

City Agreements Workers City Agreements Workers

T o ta l.................................. 286 613,490 Pittsburgh, Pennsylvania .... 2 4,300

San Francisco, California .... 2 3,300

1,000,000 and o v e r.................... 69 386,277 Seattle, Washington.............. 15 12,620

Chicago, Illinois .................... 38,95cH Washington, D. C ................... 9 12,120

Detroit, Michigan.................. 18 31,342

Los Angeles, C alifo rn ia ........ 3 2,950 250,000-499,999 ........................ 88 70.661

New York City, New York .. 32 284,235 Akron, Ohio ........................ 5 4,560

Philadelphia, Pennsylvania . .. 8 28,800 Buffalo, New York .............. 15 11,081

Cincinnati, Ohio .................. 5 10,320

500,000-999,999 ........................ 129 156.552 Forth Worth, T exas .............. 1 3,200

Atlanta, Georgia .................. 1 350 Jersey City, New Jersey........ 9 4,384

Baltimore, Maryland ............ 10 34,300 Louisville, K en tu cky ............ 12 1,705

Boston, Massachusetts.......... 24 22,630 Newark, New Jersey ............ 1 4,000

Cleveland, O h io .................... 8 14,229 Oakland, C alifo rnia .............. 5 2,685

Columbus, O h io .................... 3 11,000 Oklahoma City, Oklahoma .. 1 60

Denver, Colorado.................. 8 6,178 Omaha, Nebraska.................. 5 5,250

Indianapolis, Indiana............ 4 5,800 Portland, Oregon.................. 3 4,600

Jacksonville, Florida ............ 3 1,242 Rochester, New York .......... 4 6,000

Kansas City, Missouri............ 2 1,500 Sacramento, California ........ 7 2,566

Memphis, Tennessee ............ 8 6,985 San Jose, C alifornia .............. 7 3,000

Milwaukee, Wisconsin .......... 26 17,448 Tampa, Florida .................... 1 600

New Orleans, Louisiana........ 1 700 Toledo, O h io ........................ 5 4,200

Phoenix, A rizona .................. 3 1,850 Tucson, Arizona .................. 2 2,450

*See table 1, footnote 1.

NOTE: This table does not show all agreements nor full

collective bargaining coverage for the cities listed, but reports

only agreements forwarded to the Bureau and the number of

workers covered by them. City size is based on the 1970 Census

of Population, U.S. Department of Commerce, Bureau of the

Census.

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Table 3. Union affiliation in municipal agreements in cities with populations of 250,000 and over, by city size,

region, and size of bargaining unit, 1970

City size, region, and size 

of bargaining unit All agreements

Union

AFL-CIO Independent Associations

Combination of 

AFL-CIO 

and independent

Agreements Workers

Agreements WorkersAgreements WorkersAgreements WorkersAgreements Workers

CITY SIZE1

Total ...................... 286 613,490 184 490,448 17 , 20,959 2 2,900 83 99,183

1,000,000 and over.......... 69 386,277 51 351,650 6 18,465 12 16,162

500*000-999,999 .......... 129 156*552 87 106,290 3 625 1 2,050 38 47,587

250,000-499,999 .......... 88 70,661 46 32,508 8 1,869 1 850 33 35,434

REGION

Total ...................... 286 613,490 184 490,448 17 20,959 2 2,900 83 99,183

New England.................... 24 22,630 14 18,270 1 200 9 4,160

Middle A tla n tic ................ 71 342,800 47 301,296 3 16,815 21 24,689

East North Central .......... 82 137,849 54 102,700 6 3,600 22 31,549

West North C en tral............ 7 6,750 5 3,550 2 3,200

South Atlantic ................ 24 48,612 20 40,362 4 8,250

East South Central .......... 20 8,690 13 7,721 6 319 1 650

West South C en tral............ 3 3,960 2 760 1 3,200

M o u n ta in ............................. 13 10,478 5 2,428 8 8,050

Pacific .............................. 42 31,721 24 13,361 1 25 2 2,900 15 15,435

SIZE OF BARGAINING

UNIT

Total ...................... 286 613,490 184 490,448 17 20,969 2 2,900 83 99,183

Under 2 5 0 ........................ 107 9,765 65 5,638 10 794 32 3,333

250-499 .......................... 35 12,925 22 8,110 3 1,065 10 3,750

500-999 .......................... 44 28,200 30 19,300 1 850 13 8,050

1,000-1,999 .................... 38 52,550 26 36,850 2 2,600 10 13,100

2,000-2,999 .................... 20 46,800 14 32,700 1 2,050 5 12,050

3,000-3,999 .................... 12 40,800 6 19,900 6 20,900

4,000-4,999 .................... 7 30,050 4 16,850 3 13,200

5,000-7,499 .................... 7 39,750 3 17,450 .1 5,000 3 17,300

7,500-9,999 .................... 7 58,400 6 50,900 1 7,500

10,000 and o v e r.............. 9 294,250 8 282,750 T 11,500

1 City size is based on the 1970 Census of Population, U.S. all cities of 250,000 .inhabitants or more which had written

Department of Commerce, Bureau of the Census. Tables cover agreements and which made these agreements available.

Table 4. Bargaining units o f 10,000 workers or more in cities with populations o f 250,000 and over, by city,

agency and organization, 19701

City Agency Employee organization Workers

New York.......................... Mayoral agency State, County and Municipal Employees (AFL-CIO) 120,000

New Y o rk .......................... Board of Education-Teachers T eachers (A F L?C IQ) 60,000

New Y o rk .......................... Transit Authority Transportation workers (AFL-CIO) 30,000

Chicago ............................ Board of Education Teachers,(AFL-CIO) 25,800

Philadelphia...................... Board of Education Teachers ^AFL-CIO) 13,500

New Y o rk .......................... Sanitation Teamsters, (fnd.4 11,500

D etroit.............................. Board of Education Teachers (AFL-CIO) 11,250

New Y o rk .......................... Board of Education-School Lunch State, County and Municipal Employees (AFL-CIO) 11,200

Baltim ore.......................... Public Works State, County and Municipal Employees (AFL-CIO) 11,000

See footnote 1, table 1.

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Table 5. Union affiliation and type of organization in municipal agreements in cities with populations of 250,000

and over, by occupational group and government activity, 19701

Occupational group and 

government activity

All unions and 

associations

Unions

AFL-CIO Independent Associations

Combination of 

AFL-CIO 

and Independent

Agreements Workers

Agreements Workers

Agreements Workers

Agreements Workers

Agreements Workers

O C C U P A T I O N A L G R O U P

Total ...................... 286 613,490 184 490,448 17 20,959 2 2,900 83 99,183

Blue-collar or manual crafts 119 133,668 96 105,665 14 19,209 1 850 8 7,944

Professional or technical . . 68 210,889 21 157,800 47 53,089

Clerical ............................ 11 10,850 7 8,600 4 2,250

Police and fire .................. 46 57,424 26 31,624 1 1,200 19 24,600

Blue-collar and clerical2 . . 8 5*016 6 1,966 1 2,050 1 1,000

Professional and clerical . . 5 14,200 4 7,700 1 6,500

Blue-collar and professional 3 2,200 2 1,850 1 350

Blue-collar, clerical,

professional, or technical 15 20,170 13 18,870 1 200 1 1,100

Occupation not given .... 11 159,073 9 156,373 2 2,700

G O V E R N M E N T A C T I V I T Y

Total ...................... 286 613,490 184 490,448 17 20,959 2 2,900 83 99,183

Police2 ............................ 22 26,674 2 874 1 1,200 19 24,600

F ire .................................. 25 30,824 25 30,824

Education........................ 79 246,700 44 189,830 3 490 32 56,380

Puhlic w elfare.................. 1 350 1 350

Public works - maintenance

of buildings and roads . . 28 7,884 19 5,574 5 1,960 4 350

Sanitation........................ 14 18,080 10 6,421 4 11,659

Housing authority............ 13 7,092 11 1,892 2 5,200

Transit systems and

authorities.................... 22 65,441 20 61,841 1 100 1 3,500

Port authorities................ 3 629 3 629

Turnpike and tollbridge !

authorities.................... 1 100 1 100

Public utilities: water,

electric & g a s ................ 11 2,266 10 2,222 1 44

Recreation facilities ........ 2 650 1 550 1 100

Public health: hospitals

and clinics .................... 19 7,946 5 5,510 14 2,436

Libraries.......................... 9 5,136 7 4,884 2 252

Legislative, judicial &

administrative functions . 7 8,131 1 10 6 8,121

Citywide activities............ 30 185,587 24 178,937 1 350 2 2,900 3 3,400

*See table 1, footnote 1. 2 Includes one police agreement covering civilian, blue-collar,

and clerical employees.

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Table 6. Municipal agreements and worker coverage in cities with populations of 250,000 and over, by contract

duration, union affiliation, and type of organization, 19701

Contract duration All unions 

and associations

Unions

Independent AssociationsAFL-CIO

Combination of 

AFL-CIO and 

Independent

Agreements WorkersAgreements WorkersAgreements Workers

Agreements Workers

Agreements Workers

Total ...................... 286 613,490 184 490,448 17 20,959 2 2,900 83 99,183

Less than 12 m onths........ 20 23,514 10 12,270 * > 10 11,244

12 months........................ 64 106,112 37 70,821 6 319 21 34,972

13 through 23 months . .. 25 25,212 12 14,457 • • • # 13 10,755

24 months........................ 78 139,329 52 101,254 2 5,400 1 850 23 31,825

25 through 35 months . .. 29 55,740 18 39,490 5 14,475 .... 6 1,775

36 months........................ 53 239,448 45 237,771 3 615 5 1,062

More than 36 months .... 5 5,450 3 2,900 1 150 1 2,400

Duration undetermined .. 12 18,685 7 11,485 1 2,050 4 5,150

*See table 1, footnote 1.

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Chapter 3. Agreement Provisions

Administrative provisions

Recognition. Government agreements, like their nongovernment counterparts, invariably contain language in

which the municipal employer sets the status of the

employee organization by recognizing it as a bargaining

representative.1 These provisions vary in the scope of

the bargaining unit which they define; that is, the kinds

of employees, occupation, or functions covered. For

example, a citywide agreement simplifies the bargaining

relationship for city management but concentrates

bargaining power in one organization. On the other

hand, single agency agreements may disperse employee

organization power to the extent that different unions

and associations are recognized, but this process

complicates bargaining and can lead to several negotiating crises at different times during the year. Cities

have followed both courses, and considerable literature

on the “paper bargaining unit” has come into being. In

the first illustration, a citywide unit excluding certain

part-time and temporary employees was recognized and

in the second, one city department (fire protection) was

certified:

(1) The city hereby recognizes the respective unions as

the exclusive collective bargaining representatives for the

purposes stated in Chapter 108, Extra Session, Laws of

1967 of the State of Washington of all employees

employed within the bargaining units defined in appendixes A through R to this agreement. This shall

include all full-time employees and all regular part-time

employees while they are employed in such unit, but shall

exclude temporary and other part-time employees.

(2) WITNESSETH:

That for and in consideration of the sum of $ 1 and

other good and valuable consideration each to the other

in hand paid, the receipt whereof is hereby acknowledged,

it is agreed:

The city in the manner provided in Florida Laws hereby recognized the Union as the representative of all Firefighter members of the Fire Department of the City with

the exception of the Chief, for the purposes of bargaining

with respect to wages, hours of work and working conditions.

Union security. At this point in the development of city

collective bargaining, union security arrangements are

not common. In large measure this lack of arrangements

may be due to the widely held view that “compulsory

unionism” is incompatible with the image that public

service at all times must be open to all qualified citizens.

Many jurisdictions have held the union shop and similar

arrangements to be illegal.

Fewer than one-third of all municipal agreements

studied contained union security provisions. (See table

7.) The ratio of such provisions to total agreements

reached 50 percent only in New England and the East

South Central States. The East North Central region

accounted for the largest number but only 39 percent of

the contracts for these States.

Most union security arrangements in the study

covered blue-collar workers. These accounted for more

than half of the provisions. (See table 8.) To some

degree, this concentration resulted from the large

number of blue-collar agreements in the study, but the

proportion of blue-collar contracts with union security

provisions exceeded the average found for the whole

study. Transit contracts, citywide agreements and public

health contracts, in that order, had the highest proportions of union security arrangements. Education had the

fewest proportionately, followed by police, fire and

public utilities agreements. Union security provisions

were found most frequently in cities with populations of

1 million or more, including Philadelphia, which

pioneered in such arrangements. (See table 9.)

In selecting forms of union security, city bargainers

tended to compromise between no union security and its

strongest legal form, the union shop, by agreeing to

agency shop arrangements. A popular provision in

Canadian collective bargaining, the agency shop has not

gained adherents in the United States in nongovernment

agreements.2 In the present study, however, over

two-fifths of the union security provisions (39) involved

'So common are these provisions that the Bureau has not

tabulated them.

2A 1971 BLS study of 620 agreements covering 2,000

workers or more each found only 23 agency shop provisions, or

about 3.7 percent of all agreements studied and 4.4 percent of

agreements with union security provisions. See Characteristics of

Agreements Covering 2,000 Workers or More (BLS Bulletin

1729. 1972).

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the agency shop. (See table 9.) Under such arrangements

all employees in the bargaining unit who do not join the

union or association pay a fixed amount monthly,

usually the equivalent of dues, as a condition of

employment, to help defray employee organization

expenses in acting as bargaining agent:

(3) The parties recognize that this is an agency shop

agreement, and in accordance with such, it is understood

that each employee who is a member of the bargaining

unit hereinabove defined, but is not a member of Local

1071, shall be liable to contribute to the said Local as

representative costs, an amount equivalent to such dues as

are from time to time authorized, levied and collected

from the general membership of said Local. The City

agrees to deduct an amount equal to the normal monthly

dues paid by members of the association from the

earnings of each of said employees so covered by this

agreement.

One agency shop arrangement required employees to

pay the costs incurred in contract bargaining and

administration only, rather than the full amount of

union dues:

(4) . . . 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 CollectorTreasurer of the City 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 99 cents per week,

which amount is proportionately commensurate with the

cost of collective bargaining and contract administration. . . .

The following agreement was exceptional in that the

payment to the union was voluntary:

(5) In keeping with the principle that employees who

benefit by the agreement should share in the cost of

administering the contract, the parties agree that any

present or future employee who is not a union member,

or who does not make application for membership, may

pay to the union each month a service charge as a

contribution toward the administration of this agreement

in an amount equal to the regular monthly dues.

In another agreement, adoption of an agency shop

during the life of the contract was conditioned upon the

city signing a union security arrangement with any other

organization:

(6) AGENCY SHOP. In the event that the City

enters into an agreement with any labor organization with

which it engages in collective bargaining and such agreement provides that as a condition of employment that

those employees shall work under either a union shop or

an agency shop the following language shall become

effective: Each employee covered by this agreement shall,

after 30 days of employment and as a condition of

employment, pay to the union each month as a service

charge, a contribution toward the administration of this

agreement in an amount equal to the regular monthly

dues of the Portland Firefighters Association. Employees

who fail to comply with this requirement shall be

discharged by the employer within 30 days after receipt

of written notice to the employer from the Union.

About one-fifth of the union security provisions

called for maintenance of membership. Under this

arrangement, only employees who are members of an

employee organization at the time the agreement is

negotiated, or who voluntarily join subsequently, are

required to remain members for the duration of the

agreement:

(7) All permanent employee(s) who are members of

the union at the time of the execution of this agreement

will remain as members of the union for the duration of

the agreement as a condition of continued employment.

All permanent employee(s) who are hired, in the

classifications of employment covered by this agreement,

subsequent to the execution of this agreement who elect

after completion of their probationary period to become

members of the union will as a condition of continued

employment remain as members of the Union for the

duration of the agreement.

The stronger forms of union security in total had less

effect on employee coverage than did the agency shop

and maintenance of membership. Indeed, union shop

provisions were found in only one-fourth of the

municipal agreements having union security arrangements. Such provisions as were found required all

employees to become members of the union within a

specific time period (usually 1 month):

(8) UNION SECURITY

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, and those who are not members on the

effective date of this agreement shall, on the 31st day

following the effective date of this agreement, become

and remain members in good standing of the union. It

shall also be a condition of employment that all employees covered by this agreement and hired on or after

its effective date shall, on the 31st day following the

beginning of such employment, become and remain

members in good standing in the union.

Modified union shop provisions which permit certain

employees to remain outside the union were the least

frequent. Under this provision, the modified union shop

becomes a union shop by attrition of nonunion

employees:

(9) All employes coming within the scope of this

agreement who were members in good standing of [the

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Union] as of November 30, 1962, or who became or

become members in good standing after that date, as well

as employes in any new classification that may be added

to the scope of this agreement who are members of [the

Union] at the time of the inclusion of such classification,

shall maintain their membership in good standing in [the

Union] during the life of this agreement as a condition of

employment with the Authority in the work covered by

this agreement. All new employes hired by the Authority

coming within the scope of this agreement shall become

members of [the Union] within 30 days from the date of

hiring and shall maintain membership in good standing in

[the Union] as a condition of continued employment

with the Authority in the work covered by this agreement.

Dues checkoff. In contrast to the low prevalence of

union security provisions, dues checkoff clauses were

widespread. Over three-fourths of the city agreements

studied permitted the deduction of dues and other fees

and assessments from employee wages. (See table 7.)

The only area of the country with a proportionately low

incidence of dues checkoff clauses was the Pacific

region. Agreements covering white-collar occupations

(i.e., professional, technical, and clerical) had a slightly

higher frequency of dues checkoff provisions than

blue-collar agreements. (See table 8.) Most government

activities registered high frequencies, including education

which had a low prevalence of union security arrangements. (See table 8.) The proportion of police agreements having dues checkoff (68 percent) was less than

for fire agreements (72 percent). Both had low proportions of agreements with union security provisions.

Checkoff provisions have several common features.

First, the employee must present a written authorization, duly signed to save the employer from subsequent

charges of unlawful deduction. Second, if the employer

is charged with wrongful or illegal deductions, then the

clause usually provides that the union will safeguard the

employer. Third, the authorization is usually effective

for 1 year and renewable automatically. And fourth,

checkoff authorizations may be revoked, generally at the

end of the authorization’s effective date. In the following illustrations these features appear. In the first, the

scope of deductions also extends to initiation fees as

well as dues, and the city is limited specifically to

making deductions only for the certified bargaining

agent. Challenging employee organizations, in effect,

must fend for themselves:

(8) Asa convenience and service to its employees, the

employer will honor the written requests of individual

employees to have their union dues checked off monthly

from their regular pay, subject to the following conditions:

Such checkoff authorization shall be made by the

individual employee. Subject to the conditions herein

contained, it shall be the policy of the Employer to honor

no dues checkoff authorization for any other collective

bargaining group purporting to represent any of the

employees in a unit, division, department or craft, during

the period that the accredited collective bargaining agent

is so recognized.

The Employer will deduct from one pay of each month

the union initiation fees and dues for that month for such

members of the union in the bargaining unit who have

signed authorization cards directing and authorizing the

employer so to do, and which cards conform to the Labor

Management Relations Act, 1947. The amount so

deducted shall be paid over to the union by the employer

comptroller within 10 working days after the deduction is

made. Any authorization card to be effective must be

delivered to the employer comptroller 10 working days

before the pay day on which it is to be effective. If an

employee or employees should at any time contend that

the employer acted wrongfully or illegally in making a

checkoff of initiation fees or dues, the union or employee

organization will defend and protect the employer against

expense, repayments or losses on account of such

contention.

(10) The Board will deduct from the pay of each

teacher from who it receives an authorization to do so,

the Federation’s annual membership fee in uniform dollar

amounts. Such deduction will be made monthly in 10

equal payments. This authorization will remain in force

from year to year unless revoked at the completion of any

annual payment. Such revocation to be effective shall be

submitted to both the Board and the Federation by

certified letter at least 30 days prior to the final monthly

payment of the annual Federation fee. The fees and a list

of the teachers from whom they have been deducted and

the amount deducted from each shall be forwarded to the

Federation office no later than 30 days after such

deductions were made. The Federation agrees to defend,

indemnify and hold harmless the Board in connection

with any cost or litigation arising out of the deductions

made pursuant to this paragraph.

Provisions which stipulate that the city will be

reimbursed for costs related to checkoff appeared in less

than 9 percent of the agreements permitting checkoff.

(See table 7.) In the first illustration, the union agreed to

pay a service fee to cover the cost as determined by the

employer. In the second, deductions permitting full cost

to be reimbursed are made “at the union’s expense” :

(11) The library shall deduct from the wages of an

employee who is a member of the union, and who

submits to the library a written, personally signed

authorization therefor, the monthly union dues as

certified to the library by the Secretary of the Local anu

shall remit the same to the union not later than the 15 th

day of each month following such deduction.

*****

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i or each such deduction made as authorized there

may be charged by the library a sum determined by the

Library as appropriate to the cost of it which will not

exceed $.05.

(12) The present plan of voluntary union dues deduction, at the union’s expense, will continue in effect,

except that the union shall provide its own payroll

authorization cards, and that such authorized deductions

shall remain in effect unless termination of dues notice is

given in writing as prescribed on authorization card,

maintained by the Payroll Division, and signed by the

employee.

Management rights. A management rights clause sets

forth those prerogatives which are reserved to the

employer in whole or part for the length of the contract.

Fundamentally, it is a summary of an understanding

between the parties of those issues which remain solely

under employer control and those issues which are

subject to bargaining between the parties. The clause

cannot stand alone as an indicator of what management

can or cannot do, but must be read with the agreement

in its entirety to determine which rights previously

exercised by management unilaterally have been

abridged. However, the clause helps an arbitrator reach

decisions on issues on which the contract is otherwise

silent.

Management rights provisions are more prevalent in

city agreements (59.1 percent) than in private industry

(48.5 percent)3 but less prevalent than in Federal agreements.4 (See table 7.) Contracts in the East North

Central region contained the highest proportion of such

clauses and accounted for over two-fifths of all management rights provisions. Agreements in public health,

transit, public works, and city wide contracts, were the

most likely to have management rights clauses. (See

table 8.) The largest cluster of provisions was found in

education, but these represented only 2 out of every 5

agreements, a rate of frequency well below the average

for all agreements.

As in private sector agreements, clauses varied from

brief general statements to detailed listings of specific

rights. Both clauses cited specify that these rights are

subject to definite provisions in the contract, and the

second further stipulates that management will exercise

its prerogatives in a nondiscriminatory manner towards

union members*

(13) Subject to this agreement and applicable law, the

city (and its Mayor and Police Commissioner) reserves and

retains the regular and customary rights and prerogatives

of municipal management.

(14) Except as otherwise provided in this memorandum, the Department in the exercise of its functions

of management, shall have the right to decide the policies,

methods, safety rules, direction of employees, assignment

of work, type of work, equipment to be used in the

operation of the Department, and the right to hire,

discharge, suspend, discipline, promote, demote, and

transfer employees and to release such employees because

of lack of work or for other proper and legitimate

reasons. The exercise of these rights by management shall

not be used for the purpose of discrimination or injustice

against members of the union.

Management rights, in some municipalities, were

governed by noncontractual regulations and were not

specifically enumerated in the agreement. However, the

incorporation into the contracts by reference gave them

the status of negotiated prerogatives:

(15) The Employer shall have all of the rights set forth

in Article I, Section 114, of the Baltimore City Code

(1966 edition, as amended), Article 77, Section 142-144

the Annotated Code of Maryland, (1969 Replacement

Vol.) and Article VII, Section 58-60 of the Baltimore City

Charter, 1966 Revision, which provisions are incorporated

herein by reference.

Antidiscrimination. As a rule, antidiscrimination clauses

protected employees against bias because of race, creed,

color, national origin, sex, age, marital status, or union

membership. Many of the clauses were general policy

statements barring discrimination by the union as well as

the employer, as in the following provision:

(16) In accord with Board policy, no person or

persons, departments or divisions responsible to the Board

shall discriminate against any employee on the basis of

race, creed, color, national origin, sex, marital status or

membership in or association with the activities of the

Rochester Teachers Association or any other teacher

organization.

In accord with its Constitution, the Rochester

Teachers Association shall admit persons to membership

without discrimination on the basis of race, creed, color,

national origin, sex or marital status.

The policy statement is modified in the following

illustration in that it prohibits discrimination only

“whenever practicable”;

(17) The employer agrees that there shall be no

discrimination or favoritism for reasons of sex, age,

nationality, race, religion, marital status, political affiliation, union membership or union activities whenever

practicable.

3 See Major Collective Bargaining Agreements: Management

Rights and Union Management Cooperation, (BLS Bulletin

1425-5, 1966.)

4 Executive Order 10988, “Employee-Management

Cooperation in the Federal Service,” set forth in Section 7 (2)

that each basic or initial agreement negotiated shall expressly

state rights reserved to management as expressed in the order.

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Some clauses stipulated that all persons were to be

treated equally. In the clause which follows the union is

made coequal with the municipality in assuring that the

contract is applied on a nondiscriminatory basis:

(18) The provisions of this agreement shall be applied 

equally to all employees in the bargaining unit without 

discrimination as to age, sex, marital status, race, color, 

creed, national origin, political affiliation or for any 

reason whatsoever. The union shall share equally with the 

city the responsibility for applying this provision of the 

agreement. . .

Among the 183 antidiscrimination provisions, fifteen

applied the ban only to membership in the employee

organization.

Activities of employee organizations. Provisions specifying the rights of employee organizations and the duties

of their elected representatives existed in a number of

agreements. These provisions are in some respects the

counterpart to management rights clauses. In general,

they discuss rights accruing to the union or association

and its representatives, and in addition, some duties are

specified.

The most common of these clauses, found in over

half of the agreements, provided the employee organization with its own bulletin board for posting notices, or

provided the union or association with space on existing

boards (See table 11.):

(19) The District will furnish bulletin boards at the 

various Divisions for the use of the [union]. At any 

location where there are two (2) Divisions, and they are 

under the jurisdiction of different locals of the union, the 

District will provide separate bulletin boards for each 

local. The union may furnish their own locks when 

desired.. . .

The Union will not post on bulletin boards any 

material derogatory to the District.

(3) It is agreed that the association may use city 

bulletin boards for the purpose of posting association 

notices to association members, provided that such 

notices shall be clearly identified as association notices.

Both of these provisions limited the use of the

bulletin board. The first barred derogatory statements

about the agency, and the second limited postings to

notices of the employee organization. Many clauses

similarly limited its use in greater detail. Cleveland, for

example, barred political and critical statements and

required postings to have official signatures and to be

removed instantly for violation, subject to the grievance

procedure. In the second illustration, prohibited notices

would cancel bulletin board use:

(20) The city shall provide the union with a bulletin 

board at mutually selected locations. Provided thata. no notice or other writing may contain anything political or critical of the city or any city 

official or any other institution or any 

employee or other person;

b. all notices or other materials posted on the 

bulletin board must be signed by the President 

or Chief Steward of the Union or any official 

representative of District Council 78;

c. upon request from the appropriate 

Commissioner or his designee, the union will 

immediately remove any notice or other writing 

that the city believes violates this paragraph, 

but the union shall have the right to grieve such 

action through the Grievance Procedure.

(21) ...P osted notices shall not contain anything 

political or anything reflecting adversely upon the city or 

any of its employees. Any union-authorized violation of 

this article shall entitle the city to cancel immediately the 

provisions of this article and prohibit the union further 

use of the bulletin boards...

In the following contract, postings were limited

implicitly by statements regulating precisely those

materials that may be displayed:

(22) The authority shall provide space on its bulletin 

boards for the posting of union bulletins, but use of such 

bulletin boards shall be restricted to the following 

purposes:

a. Notice of recreational and social activities.

b. Notice of elections and results.

c. Notice of appointments of union representatives.

d. Notice of meetings.

In addition to the use of bulletin boards, a few

agreements allowed the employee organization use of

interdepartmental mail service. This privilege also was

regulated closely, as in the next clause, which allowed

the union to use these facilities only for official

publications:

(23) T h e u n ion shall b e free to use the bu lletin boa rd s 

in the buildings at which the members of the union 

report, using a reasonable part thereof to post items of 

interest and importance to members of the union, 

including union notices, etc., provided, however, such 

material shall not be political in nature, commercially 

advertise a private business, or reflect unfavorably on the 

members of the Board of School Directors or the 

administration. Materials must be submitted to the 

department head or principal before posting. The union 

shall also be permitted to use the Board mail delivery to 

send out notices of meetings, notices of social events and 

notices of elections. Such documents shall not contain 

political or religious statements or statements which 

would constitute an attack upon the administration or 

members of the Board.

Thirty-seven percent of the agreements spelled out

the rules under which officers or accredited representatives of the organization could meet on the property of

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the employer during working hours with members of the

organization or management. The following provision

allowed visits only for one specific purpose, required

advance notice to management, and stipulated that the

visit would not interfere with the performance of duties.

In other cases, activities of the visiting representative and

the steward were enumerated:

(2 4 ) A n o ffic e r or a ccred ited representative o f the 

association shall, u p o n reason able requ est b y the associa tion , b e ad m itted t o the p ro p e rty o f the e m p lo y e r 

during w ork in g h ou rs fo r the p u rpose o f discussing or 

assisting in the adju stm en t o f grievances . . . p rovid ed that 

they d o n o t in terfere w ith the p erform a n ce o f duties. 

E ach associa tion representative w ishing to b e ad m itted to 

the p rop erty o f the e m p lo y e r fo r this pu rpose shall n o tify 

t h e a p p r o p r i a t e m anagem ent representative in 

a d v a n c e .. . .

(2 5 ) T h e c ity agrees that during w ork in g hou rs, on its 

prem ises, and w ith o u t loss o f p ay, U n ion Stew ards or 

p rop erly designated u n ion representatives shall b e a llow ed 

to :

Investigate and process grievances.

P ost u n ion n otices.

S olicit u n ion m em bersh ip during o th e r e m p lo y e e ’ s 

n o n w o rk in g tim e.

A tte n d n egotiatin g m eetings.

T ransm it co m m u n ica tion s, au th orized b y the local 

u n io n o r its o ffic e r s , to the city o r its represen tatives.

C on su lt w ith the c ity , its representatives, loca l 

u n ion o ffice r s, or o th er u n ion representatives 

con cern in g the e n fo rce m e n t o f any p rovision s o f 

this agreem ent.

Employee organizations were permitted to hold

meetings on company time or premises in 20 percent of

the contracts; the right to use the company premises was

the more common of the two. The union often was

required to pay the cost of custodial service and

interference with work was to be avoided:

(2 6 ) T h e F ed eration shall have the right to use s c h o o l 

bu ildin gs, facilities and eq u ip m en t, pursuant to existin g 

p ractices and p o licie s, p ro v id e d that su ch use shall n o t 

in terfere w ith th e regular s c h o o l program and p rovid ed 

that w h en any m eetin g is h eld in the evening and special 

cu stod ia l service is requ ired, the B oard m ay m ake a 

reason able charge th erefor. N o charge shall b e m ade fo r 

use o f sc h o o l room s b e fo r e the c o m m e n ce m e n t o f the 

sc h o o l d a y , n or un til 4 :3 0 p .m .

Some contracts specifically forbade the use of

company time for employee organization meetings or

other business:

(2 7 ) l . N o u n ion m em ber o r o ffic e r shall c o n d u c t

any u n ion business o n city tim e e x c e p t as 

sp ecified in this agreem en t or as au th orized 

b y the p rop er d epa rtm en t head, C ity L abor 

N eg otia tor, C ity P ersonnel D irector, or the 

L a b or P o licy C o m m ittee o f the C o m m o n 

C o u n cil

2. N o u n ion m eetin g shall b e h eld o n city tim e.

Labor-management activities. A number of agreements

established joint committees to deal with issues common

to the union and city employer. These fell into two

distinct groups: those which generally discussed any

problems of common interest outside the grievance

procedure; and those which involved one or two specific

issues away from the pressures of the bargaining table.

The first, general joint labor-management committees, were found in 19 percent of the agreements.

(See table 12.) To enhance communication, these

provided for joint consultation on matters of mutual

interest, not otherwise defined. Clauses establishing

committees typically stipulated that meetings would

occur regularly, sometimes with an agenda of subjects

for discussion, which would be circulated in advance. In

addition, these clauses often established the size of the

committee, provided for special meetings when necessary, and required written minutes. The following two

illustrations were drawn from separate bargaining units

within the same agency of the District of Columbia

government, and show the variations that may be agreed

on. The first set committee size at “a reasonable

number,” and the second specified the exact number of

committee members. The first excluded individual

grievances from discussion; the second had no such

provisions and both provided for special meetings. The

first stated in explicit terms that meetings would be held

on official time, the second did not have any provision,

but could be interpreted as tacitly providing for official

time. Both required published minutes:

(2 8 ) T h e e m p lo y e r an d the u n ion agree to m o n th ly 

m eetings o f the U nion -M anagem en t C o o p e ra tio n C o m ­

m ittee as a m eans o f b e tte r com m u n ica tion s and u n derstanding w ith b o th person n el and su pervisory m anagem en t. In a d d itio n , the parties agree to special m eetings 

(o th e r than m o n th ly m eetin gs) w h en m utually 

advantageous. T his co m m itte e consists o f a reasonable 

n u m b er o f representatives o f the u n ion an d the em p loy er. 

S u b com m ittees fo r U nion -M an agem en t C o o p e ra tio n m ay 

b e establish ed at lo w e r organ ization al levels w h ere the 

n eed fo r su ch a ch an n el o f com m u n ica tio n is agreed to . 

S u b ject m atter o f co n fe re n ce s w ill b e p rob lem s o f general, 

con ce rn to e m p loy ees. Individu al grievances w ill n o t b e a 

su b ject fo r d iscu ssion at these U n ion -M anagem en t 

co n fe re n ce s. H ow ev er, a p o lic y that has resulted o r c o u ld 

result in general increase o f grievance w ill b e con sid ered as 

a to p ic fo r discu ssion .

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Such meetings will be held at a mutually agreeable time.

At least 3 working days prior to the meeting, either party 

shall provide, in writing, specific discussion items which 

require research of the other party. No official notice is 

required for between-meeting consultations and they will 

be arranged at the convenience of both parties as soon as 

possible after the need is indicated. These meetihgs will be 

conducted during regular working hours on official time.

At the conclusion of these meetings, either party may 

request that a joint statement be issued on the unresolved 

subjects under discussion, the general position of the 

parties on these subjects, and the agreements reached 

during the session. Management will duplicate and furnish 

to the union at least one copy of the statement for each 

Union Steward and Bulletin Board.

(29) The employer agrees that representatives of the 

union in the unit and management will meet monthly on 

a regular basis for the purpose of reviewing and discussing 

the common interests in establishing and maintaining 

labor-management cooperation.

Other meetings will be held at the request of 

either party as the need arises, at times mutually agreed 

to, to confer on personnel policies and other matters 

affecting working conditions of employees in the unit.

A brief summary of the matters discussed and any 

understandings reached at all meetings as well, as the 

position taken by the parties in a disagreement will be 

prepared and initiated by both sides.

The employer agrees that the union may have 

present at meetings described in sections a. and b. of this 

article a maximum of three officers and/or stewards. In 

addition, the union may have present other officials of the 

union who are not employees of the D.C. Government.

The remaining provisions established a variety of

committees to deal with specific issues. For instance, 12

percent of the agreements provided for joint safety

committees. These provisions established committee

composition and described the extent of the committee’s authority. The language in these clauses ranged

from detailed provisions, as in the first illustration, to

shorter, more general clauses as in the last two illustrations. In all three, the committees’ authority was limited

and advisory or promotional in nature:

(30) The city and union agree to establish jointly a 

Safety and Health Committee consisting of an equal 

number of city and union representatives, the number of 

members to be agreed upon. This committee will advise 

management of all safety and health activities and will 

be expected to:

a. Make immediate and detailed investigation of 

each accident to determine fundamental causes.

b. Develop data to indicate accident sources and 

injury rates.

c. Make inspection to detect hazardous physical 

conditions or unsafe work methods and recommend changes or additions to protective equipment 

or devices for the elimination of hazards.

d. Promote safety and first-aid training for committee members and workers and participate in 

advertising safety and in making the safety program known to all workers.

e. Conduct regularly scheduled meetings at least 

once a month during working hours without loss of 

pay for the sole purpose of discussing accident 

prevention and developing suitable corrective 

measures.

(31) A Police Safety Committee, consisting in part of 

at least one member from each of the three Police 

organizations (designated by those organizations). This 

committee shall make recommendations to the Director 

of Public Safety and City Manager for consideration.

(32) . . . The municipal employer and the union shall 

establish a joint safety committee consisting of representatives of each party in each department for the purpose 

of promoting sound safety practices and rules.

Apprenticeship training committees were found in 11

agreements:

(33) The city of Seattle, Washington Standards of 

Apprenticeship developed by the city of Seattle Joint 

Advisory Apprenticeship Committee are hereby 

recognized. This conforms with the provisions of the city 

Charter.

Application of the standards and detailed procedures for the operation of the program, shall be worked 

out by the Joint Electrical Craft Advisory Committee, 

and be recognized as a part of this agreement.

(34) The parties hereto agree to establish a joint 

apprenticeship committee. The union and the authority 

shall each have two members, to be appointed immediately after the execution of this agreement. The joint 

apprenticeship committee will develop an indentured 

apprentice training program for first class mechanic, 

which will be registered with the California State Division 

of Apprenticeship Standards. The intent of the parties is 

to have said program developed and operational at or 

before the time the authority moves to its new service and 

maintenance facility. At the time of inauguration of said 

program, the incumbent second class mechanics will be 

reclassified to apprentice first class mechanic, with no 

reduction in wages.

An additional 15 agreements established one or more

committees to deal with particularly vexing problems

that had eluded resolution at the bargaining table. In the

following provision, for example, a tripartite committee

was established to resolve job evaluation problems on a

case-by-case basis:

(35) Inequities-The inequity problem will be resolved 

by the creation of a Job Evaluation Review Board which 

will be structured as follows: Two members from the 

administration-two members from the union and one

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public member who shall be jointly agreed to. Membership on the Board may vary in order to provide adequate 

knowledge to deal with the specific evaluation being 

requested. The Job Evaluation Review Board will consider 

properly processed re-evaluation requests arising within 

the bargaining unit. It is the intent of the parties that the 

Job Evaluation Review Board shall continue during the 

life of this contract to meet problems not now foreseen as 

well as those presently recognized.

Most of the 15, however, were study committees

designed to resolve problems outside the atmosphere of

negotiations in areas such as wage relationships, health

insurance, job evaluation, seniority, and the like. Committees could work without any deadline or could be

required to report by a given date. Their findings were

advisory in nature; final decisions were left either to the

parties or to city management. Some committees

examined a single problem and others, several issues. In

the first illustration, four specific issues were to be

studied, and in the second, one complex problem:

(36) Arrangements will be made to establish a joint 

union-management committee, consisting of three 

representatives appointed by the authority and three 

representatives appointed by Division 241 to study and 

submit recommendations regarding grievances, discipline 

methods, work rules and job posting procedures.

(37) The employer will establish an insurance committee and will include on that committee representatives 

of the organizations representing its employees in collective bargaining. It shall be the function of that 

committee to make a study of the health and welfare 

insurance benefits presently being provided to City 

employees to aid in a determination of which benefits and 

plans are of the greatest value to the greatest number of 

the city’s employees. In the event that the employer, after 

reviewing the findings of the committee, determines to 

change the type of plans or benefits available to its 

employees, it shall continue to pay the cost thereof 

provided that the benefit level is the same or substantially 

equivalent to the existing benefit level.

Under the following provision, Detroit and its police

officers organization established two committees to

study several issues: seniority, rotation of precinct

assignments, and the service rating system:

(38) The union and the department each shall appoint 

three members and two alternate members to a study 

committee to review the seniority provisions of this 

agreement and proposals of each party for the modifications of such provisions. The committee shall consider 

also a rotation plan for personnel assigned to certain 

precincts, the intent being to afford all policemen the 

opportunity of serving in areas of the city presenting 

varying degrees of challenge to law enforcement and to 

prevent inequities resulting from prolonged assignment of 

some members to work presenting relatively greater 

exposure to danger. The study committee shall submit a 

report on a proposed seniority system to the commissioner, no later than 6 months from the date this 

agreement becomes effective. Present seniority provisions 

of this agreement shall remain in effect until such time as 

an accord is reached on further modifications.

* * * * *

The union and the department each shall appoint 

three members and two alternate members to a study 

committee to review the service rating system to determine whether a more desirable system can be developed. 

The study committee shall submit a report of its findings 

to the commissioner within 6 months from the date this 

agreement becomes effective.

Another 17 agreements created committees to deal

with professional issues pertaining to teachers about

school operations, implementation of integrated education, building plans for new schools, vocational education, the extended work year, teacher recruitment,

educational policy, and the like.5

Personnel actions

Decisions to promote, demote, or reduce the size of

the work force traditionally have been part of city rules

and regulations. Employee organizations have been able

to achieve, in most instances, a voice in the proceedings

or a right to appeal management decisions. In some

situations, employee organizations have reduced existing

procedures to contract language. Actions under these

rules then are subject to agreement appeal rights.

Promotion. Promotion procedures, specified in more

than half of the agreements, varied greatly from simple

statements of factors in promotion to detailed clauses of

specific steps. (See table 13.) In two illustrations, the

role of seniority differed substantially:

(39) Promotion shall be by merit based on consideration of professional background and attainments, with 

length of service as only one of the factors to be reviewed.

(40) (a) The term promotion as used in this provision means the advancement of an employee to a higher 

position or the reassignment of an employee to a higher 

paying position.

(b) Whenever an opportunity for promotion 

occurs or a job opening occurs in other than a temporary 

situation as defined below, in any existing job classifications or as the result of the development of establishment 

of a new job classification, a notice of such openings shall 

be posted on all bulletin boards stating the job classification, rate of pay and the nature of the job requirements in 

order to qualify. Such posting shall be for a period of not 

less than 5 work days.

5 Illustrations appear in the general discussion of teacher 

provisions in the last section of this study.

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(c ) D uring this p eriod e m p loy ees w h o w ish to 

a p p ly fo r the o p e n p o sitio n , in clu din g e m p lo y e e s o n 

la y o ff, m ay d o so. T h e a p p lica tion shall b e in w ritin g, and 

it shall b e su bm itted to the e m p lo y e e ’ s im m ediate 

supervisor.

(d ) T h e em p loy er shall fill such jo b op en in gs or 

vacancies fro m am on g th ose e m p lo y e e s w h o have applied 

o n the follo w in g basis:

1. S en iority is th e m ajor fa cto r.

2. T h e e m p lo y e e has the ab ility to d o the 

jo b .

3. T h e e m p lo y e e can learn to d o the jo b 

w ith a reason able a m ou n t o f training o f 

up to 30 w ork in g days.

(e) A n o tice listing those em p lo y e e s w h o have 

applied fo r the p osition and the e m p lo y e e o r e m p loy ees 

selected fo r the p osition shall b e p osted b y the em p lo y e r 

o n all bu lletin boa rd s w ithin 2 w o rk days o f the selection 

b y the em p loy er and be p osted fo r a p eriod o f at least 10 

w ork days.

Other clauses referred only to agency or other

regulations on promotion, and by reference included

them in the collective bargaining statement:

(4 1 ) W hen a vacan cy o ccu rs, or a new jo b is crea ted , 

em p lo y e e s shall b e p ro m o te d or transferred in a ccord a n ce 

w ith the rules and regulations o f Civil Service and the 

city .

Forty-one percent of the agreements provided for the

posting of opportunities for job promotions. Although a

few only mentioned that jobs would be posted, most

contained details of the posting and selection processes.

For instance, the first illustration merely indicates that

jobs will be posted and specifies how long the notice will

remain. The second requires that the notice contain

specific items of information, including duties, location,

pay grade, and qualifications:

(8) If a vacancy, oth er than supervisors, o ccu rs, o r a

jo b is created w h ich requires an e m p lo y e e under the 

re co g n itio n clause o f this agreem en t, n o tice fo r b id shall 

b e p osted w ithin 24 h ou rs. S u ch n o tice shall b e k ep t 

p osted fo r 7 2 h ou rs, exclu d in g S un days and h olid ays. 

D uring the p eriod o f postin g the e m p lo y e r shall have the 

righ t, w ith o u t regard to sen iority , to fill the p lace 

tem p ora rily.

(4 2 ) Suitable n o tice o f all vacancies w ithin the bargaining unit and resulting p ro m o tio n a l op p ortu n ities and 

lateral transfer op p ortu n ities w ill b e given to sta ff and to 

th e a ssocia tion p iesid en t, and su fficien t tim e w ill b e 

a llow ed fo r em p lo y e e s to advance their ca n d id a cy. N o tice 

w ill be e ffe cte d b y postin g fo r 5 con secu tive w ork d ays o n 

suitable bu lletin boa rd s th rou gh ou t the m ain and bran ch 

libraries. S u ch n o tice w ill in clu de a d escrip tion o f the 

duties and lo ca tio n o f the p o sitio n in w h ich the vacan cy 

exists, togeth er w ith its rank, title, pay grade, and the 

requisite q u alification s.

Nearly one-third of the agreements established the

rate of pay that an employee would receive for

temporary transfer to higher paying jobs (See table 13.)

Most of these clauses required the employer to pay the

standard rate of the temporary job ; this payment was to

begin immediately or within a few hours after the

employee assumed the higher position. The following

clause stipulated that the higher rate would apply after

the employee has been on the job 6 hours. A transfer of

more than 24 hours would be given to the top man on

the promotion list:

(4 3 ) E m p lo y e e s required to w o rk tem p orarily at a 

rating higher than his regular p osition shall be c o m ­

pensated at the rate o f the higher p o sitio n if he should 

w ork fo r 6 hou rs or m ore at the higher rating. I f this be 

fo r m ore than 2 4 hou rs, the m an fro m the to p o f the 

established p ro m o tio n a l list on the sam e p la to o n fo r this 

p o sitio n shall b e taken, and sh ou ld he b e p ro m o te d , this 

tim e shall b e co u n te d tow ard his salary step p rogression .

Some contracts, however, required the employee to

work in the temporary position for a longer period of

time before the new rate became effective:

(4 4 ) A n e m p lo y e e selected fr o m an ap p rop riate list to 

fill a tem p orary vacan cy in a higher classification shall 

receive a 5 p ercen t increase o r th e first step pay o f the 

higher classification w h ich ever is greater, after w ork in g 30 

days cum u latively in the higher classification w ithin the 

tw elve p reced in g calendar m on th s, and shall receive said 

higher pay w h ile acting in said higher classification after 

said 30 days.

Demotion. Only 13 percent of the agreements provided

rules governing demotion. (See table 13.) Since

demotion policies often are covered by outside rules

such as civil service regulations, they remain an unabridged management right and therefore, are not

referred to in the agreement. Demotion provisions were

typically brief and contained few details. Some, however, established the right to grieve, defined the seniority

status of demoted employees, or incorporated existing

nonnegotiated rules:

(4 5 ) In the case o f a d e m o tio n o f a R egistered N urse to 

a lo w e r classification , the city shall sh ow ju st cause for 

the d e m o tio n . T h e d e m o tio n m ay be su bject to the 

grievance p roced u re.

(4 6 ) D e m o tio n s:

(a ) W hen e m p lo y e e s are d e m o te d fro m oth er divisions 

o f the d epa rtm en t, n ot under the represen tation o f 

u n ion , th ey shall n o t be able to use then a p ­

p rop riate sen iority until all open in gs have been 

filled w ith m em bers presently un der the represen tation o f the u n ion . T h e y shall then im m ediately 

c o m e un der the a cce p te d transfer p roced u re with 

the fu ll ben efit o f their appropriate sen iority.

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(b) If an employee is transferred to a position under 

the department not included in the bargaining unit 

and is thereafter transferred again to a position 

within the unit, he shall have accumulated seniority 

while working in the position to which he was 

transferred.

(c) However, employees returning to the bargaining 

unit under the provisions of this section will be 

assigned a vacant position and will be allowed to 

exercise their full seniority in picking job assignments at the next regular job opening. Employees 

transferred or demoted under the above circumstances, shall retain all rights accrued for the 

purposes of any benefits provided for in the 

agreement.

(47) . . . reduction in pay or position shall be governed 

by the rules of the Board of Fire Commissioners and the 

Civil Service Commission . . .

Eight percent of the clauses allowed employees

voluntarily to elect demotion during periods of

reduction-in-force. This stipulation generally meant

transfer to an existing vacancy rather than replacement

of workers with less seniority:

(5) The term demotion, as used in this provision,

means reassignment - not requested by the employeefrom a position in one job classification to a lower paying 

position in the same job classification or in another job 

classification.

Demotions shall be made only to avoid laying 

off employees. In any case involving demotion, the 

employee involved shall have the right to elect which 

alternative he will take - the demotion or the layoff.

No demotion shall be made for disciplinary

reasons.

Some of these provisions spelled out the seniority rights

accruing to the demoted worker:

(48) At the time of any layoff, a regular employee or a 

promotional probationer shall be given an opportunity to 

accept reduction to the next lower class in a series of 

classes in his department, or he may be transferred as 

provided by Rule 10:01 c (3), transfer in lieu of layoff.

An employee so reduced shall be entitled to credit for any 

previous regular service in the lower class and to other 

service credit in accordance with the Service Credit Rule 

9.

Layoff procedures. The growing financial plight of cities

sometimes has resulted in drastic restrictions of

municipal activities at the same time that desperate

appeals for fiscal relief have been issued from mayors’

offices to State and Federal Governments. In some

situations, layoff has moved from threat to actuality.

Civil service regulations in most cities provided for

orderly reduction-in-force (RIF) procedures long before

the advent of collective bargaining. As a consequence,

references to layoffs are relatively infrequent.6

Provisions granting employee organizations an active

role during reduction-in-force situations were negligible.

The following example is typical in that it only required

discussion of anticipated action with the union (See

table 14):

(49) In the case of layoffs, seniority of employees in 

the City Service shall be recognized as a factor to be given 

substantial weight, together with other factors, in determining the order of layoff. When a layoff is contemplated, an opportunity for discussion shall be afforded 

to the appropriate union representatives prior to the 

issuance of the notices of layoff.

Almost 12 percent of the agreements stipulated that

the union or association be given 1 week or more

advance notice of any layoff except in emergencies. This

action afforded the union the opportunity to confer

with city management on ways of easing the effect on

employees. At times, notice to both the union and

employee was required.

(50) Except in emergency situations, employees to be 

laid off for an indefinite period of time will have at least 7 

calendar days notice of layoff. The union shall receive a 

list of the employees to be laid off on the same date the 

notices are issued to the employees.

Occasionally, as part of the reduction-in-force

process, workers were given displacement (bumping)

rights. Bumping can occur either serially with many

workers being affected, as in the first example, or

bumping can be limited to the least senior employee and

thereby minimize disruptions, as in the second illustration:

(51) An employee whose job is affected by a layoff or 

a job abolishment may bump into any job within the 

progression up to his position, whether or not he ever 

held the lower-rated job and/or any job all of whose 

duties are included in the job involved in the layoff or 

abolishment; provided the employee whose job is affected 

by a layoff or abolishment has more service with the city 

than the employee he is bumping. The procedure may 

then be followed by the employee so bumped until the 

last bumping procedure is completed. Representatives of 

the bargaining agent and the employer will jointly create a 

chart setting forth the jobs into which each classification 

may bump in the event of a layoff or abolishment.

6 For a discussion of provisions in private sector agreements, 

see Major Collective Bargaining Agreements: Layoff, Recall, and

Worksharing Procedures, (BLS Bulletin, 1425-13,1972).

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(52) An employee to be laid off under . . . this section 

may exercise seniority to displace the employee with the 

least amount of seniority within his classification and 

term of employment subject to the provisions of... this 

article. If he chooses not to exercise his seniority or 

cannot do so . . . he will be laid off; otherwise the 

displaced employee will be laid off.

The provision found most often but still appearing in

only 28 percent of the agreements, granted employees

who are displaced through no fault of their own the

right to be rehired in the inverse order in which they

were laid off. (See table 14.) In the following clause,

ability to perform the available work along with

seniority was a factor in recall:

(53) When due to lack of work, it becomes necessary 

to layoff employees, the employee with the least seniority 

standing shall be the first to be laid off, provided such 

employees retained are capable of doing the work 

remaining. When employees are to be recalled, the first to 

be recalled shall be those last laid off provided, that 

such employees recalled are capable of doing the work 

then available.

Job security. Several miscellaneous job security provisions helped either to protect the employees from layoff

or ease the hardships that resulted from reductionsin-force. Few agreements contained these provisions,

again perhaps, because they are covered by city rules and

procedures antedating collective bargaining. Some, like

attrition clauses, are as rare in private as in public

agreements, and as a practical matter, a policy of not

filling vacancies may be adopted.

The most frequent of these provided for the training

of employees. (See table 15.) The skills acquired through

training could increase an employee’s value to the

employer:

(54) The authority shall establish an in-service training 

program for the purpose of improving employee understanding and performance with respect to the employee’s 

present position, the objectives of the authority’s programs, and to prepare the employee for promotional 

opportunity. Successful completion of promotional training shall qualify all employees for promotion to the 

position for which trained, in accordance with this 

Article . ..

(55) All heavy equipment mechanics of the Fire 

Department shall be given the opportunity to attend a 

recognized fire equipment repair school or factory for 

special training. All members attending such a school shall 

receive their full salary while attending, and the city of 

Kansas City shall stand the cost of the school and 

out-of-town living expenses while in attendance as well as 

the cost of transportation from Kansas City and return.

With the adoption of the next pay plan there shall be 

established a new classification of fire equipment

mechanic, and persons who successfully complete the 

specialized schooling shall be reclassified.

A few agreements provided for tuition aid. In the

following provision, payment of full tuition, books, and

fees was contingent on 2 years of service following

completion of course work:

(56) The city will pay for the full cost of all tuition, 

books and fees of all police officers attending and 

successfully completing police science courses leading to 

the degree of associate of Police Science; payment being 

made on the following schedule:

(a) One-half of all expenses above mentioned upon 

presentation of evidence of successful completion of 

individual courses.

(b) All such expenses previously unreimbursed to 

be paid in a lump sum upon completion of 2 years’ 

continuous service from date of receipt of the Associate’s 

degree.

Clauses that either prohibit the subcontracting of

work or limit the circumstances where it could be used

helped to protect the jobs of employees. These clauses,

however, were not significant in municipal agreements

and appeared in only eight agreements:

(57) During the term of this agreement, the Board of 

Education shall not contract out or subcontract any 

public work performed by employees covered by this 

agreement that would mean the loss of time of any 

employee covered by this agreement, save in cases of 

emergency as determined by the Department Head.

Advance notice of technological changes and attrition

arrangements were minimal in city agreements. The

attrition arrangement in the second illustration protects

employees in specific classifications only:

(58) The municipal employer agrees to supply 

journeymen and apprentices full opportunity to become 

proficient on all new equipment, machinery or processes 

which are a substitute for, evolution of, or which replace 

present equipment, machinery or processes and the union 

agrees to supply partially trained journeymen and apprentices for that purpose. The municipal employer will 

give the union sufficient advance notice of its intention to 

install any new equipment, machinery or processes to 

enable the contracting parties to implement the provisions 

of this section.

(59) The city shall have the exclusive right to eliminate 

through attrition the classifications of uniform fire 

dispatcher, fire lieutenant, fire prevention inspectors, drill 

master, and assistant fire marshal.

Hours, overtime, and premium pay

Scheduled hours; daily and weekly overtime. The

number of hours constituting the normal daily or weekly

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work schedule was set forth in almost two-thirds of the

agreements, and often served as the basis for defining

overtime. (See table 16.)

(32) The regular workweek for full-time employees 

shall be 40 hours with respect to every person holding a 

position in schedule B of the City compensation Plan 

effective March 6, 1963, with an asterisk prefixed to the 

title of the position, 35 hours with respect to all other 

such persons. The regular workday for employees whose 

regular workweek is 40 hours shall be 8 hours, and the 

regular workday for employees whose regular workweek 

is 35 hours shall be 7 hours. The workweek shall consist 

of 5 days, Monday through Friday, inclusive, except for 

employees in continuous operations or on rotating shifts, 

and except for employees in departmental schedules 

which differ from the standard Monday through Friday 

type schedule such as, by way of example and not by way 

of limitation, in the Public Works Department and the 

Department of Health and Hospitals.. ..

Overtime payment usually was specified after a certain

number of daily or weekly hours had been worked (both

found in approximately 38 percent of all agreements):

(17) Time and one-half the employee’s regular hourly 

rate of pay shall be paid for work under any of the 

following conditions:

All work performed in excess of 8 hours in one day...

(60) Except as otherwise provided herein, the regular 

workweek for regular full-time employees will be 40 

hours, and all hours worked in excess of 40 in 1 

workweek will be paid for at the rate of time and one-half 

(lVfc). Provided, however, that, consistent with the provisions of the Federal Fair Labor Standards Act, the 

hospital may schedule employees who work in special 

care departments (e.g., operating room) for 80 straight 

time hours of work over 2 workweeks so long as such 

employees receive time and one-half i\Vi) for all hours 

worked in excess of 80 in 2 workweeks, time and one-half 

(IV2) for all hours worked in excess of 8 in 1 workday, 

and 4 days off during the 2 workweeks.

Regulation of overtime. Twenty-seven percent of the

agreements which govern the scheduling of overtime

provided for its equal distribution. (See table 16.) In

some, however, the requirement was made that the

employee be able to perform the job:

(61) Insofar as is practical, overtime will be divided 

equally among employees within a classification in which 

overtime is needed. If the employee within the c’assification next entitled to overtime is not qualified to perform 

the work for which overtime is needed, then the qualified 

person within the classification next entitled to overtime 

will be granted the overtime work.

Approximately 16 percent of the agreements

specifically granted employees the right to refuse overtime. In the following example, an employee could

refuse overtime except in an emergency without fear of

discrimination. However, a record of hours refused was

kept and posted:

(24) Overtime work shall be voluntary except in the 

event of an emergency. There shall be no discrimination 

against any employee who declines to work overtime, 

except in the event of an emergency, but a record shall be 

kept for each employee and posted, showing the number 

of hours of overtime he refused to work.

Compensatory time, that is, the granting of time off

rather than overtime premium pay, was banned

specifically in 18 percent of the agreements. (See table

16.)

(62) Employees working overtime Sundays and holidays shall be compensated two times hourly rate. Employees who work in excess of the normal 35 hour 

workweek shall be compensated on the basis of 1 1/2 

times the hourly rate. No compensatory time, will be 

given for overtime work.

A few agreements, however, permitted compensatory

time off or overtime pay at the option of the employer:

(37) Overtime at the rate of 1-1/2 times an employee’s 

established hourly rate as set forth in schedule A, 

exclusive of shift premium, shall be paid for all work 

performed outside of or in excess of an employee’s 

established shift hours and on the employee’s 6th and 7th 

day of work in any week and on holidays other than 

those falling on Saturday, provided, however, that the 

employer may compensate for such overtime by time off 

at a time mutually agreed upon at the rate of 1-1/2 hours 

off for each hour of overtime (to a maximum of 40 hours 

in 1 year) worked.

Weekend work. Premium pay for work on Saturday or

Sunday, normally nonwork days for many civil servants,

was specified in less than one-fifth of the contracts. (See

table 17.) In both examples, employees are guaranteed a

minimum number of hours at the premium pay rate:

(35) For regularly scheduled employees (MondayFriday), Saturdays shall be compensated at the rate of 

time and one-half provided such employees have been 

credited with 40 hours straight-time pay in the scheduled 

work week. A minimum of 4 hours at the time and 

one-half rate shall be guaranteed to such employees.

(63) Employees who are required to work on Sunday 

shall be paid double time for such work and shall receive 

not less than 4 hours’ work.

Only 11 percent of the agreements provided for

premium pay for work on the sixth or seventh consecutive day of work. Such provisions applied to employees

on continuous operations:

(64) Time and one-half the employee’s regular hourly 

rate of pay shall be paid for work under any of the 

following conditions: . . .

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If an employee (continuous operation employee) works 

more than 6 consecutive days he/she shall receive double 

time for the 7th consecutive day worked every day 

worked thereafter.

Holidays worked. Premium pay for work on holidays

was provided in nearly 45 percent of the agreements

studied. This frequency was surprisingly large for such

matters usually were established by municipal legislation

or administrative promulgations.7 In the following

illustration the employee working on the holiday

received time and one-half plus holiday pay, or double

time and one-half:

(65) All work on a holiday for employees who are 

otherwise eligible for pay on a holiday shall be paid at a 

time and one-half pay rate in addition to the holiday pay.

Wage provisions and allowances

Wage adjustments. Although many agreements are

shorter in duration in municipalities than in private

industry, many contracts were still sufficiently lengthy

to require adjustment of wages during the contract term.

(See table 18.) Agreements of 2 years or more were

more likely to have wage adjustment provisions than

agreements of shorter duration. Deferred wage increases,

provided automatically usually at the contract’s anniversary date, were included in 52 percent of the

agreements. Agreements with deferred increases

paralleled city size. Thus, cities of 1 million inhabitants

and over were most likely to include deferred wage

increases in their contracts; cities of 250,000 to 499,999

population were least likely. (See table 19.) In some

cases percentage increases were given as in the first

illustration; in other cases, fixed amounts as in the

second illustration:

(54) The authority shall, effective January 14, 1969 

(or the beginning of the first payroll period next 

following this date), increase the compensation of all 

employees covered by this agreement, in addition to any 

other provisions, in the amount of 7.5 percent of salary 

rates then in effect.

Effective January 1,1970 and January 1,1971 (or the 

beginning of the first payroll period next following these 

respective dates), the authority shall increase the 

compensation rates of all employees covered by this 

agreement in additional amounts of 7.5 percent.

(66) Newly hired and promoted employees start at 

base rate of the classification and progress to classification 

rate after 6 months. All classification and base rates shall

7 See p. 29 fo r a d iscu ssion o f h o lid a y p rovision s in city 

agreem ents.

be increased 24 cents and 27 cents per hour in years 

beginning July 1, 1971, and July 1, 1972, respectively.

Cost-of-living adjustments, provided for in escalator

clauses which relate wage levels to living costs as

measured by a price index, typically the Bureau of

Labor Statistics Consumer Price Index, were found in

only 17 percent of the agreements. (See table 19.) The

objective of such a provision is to maintain the

purchasing power of money wages during the term of

the agreement. One agreement gave the union the option

of accepting the cost-of-living increase or an agreed on

deferred increase:

(67) In the event the cost-of-living increases more than 

7 percent in the period beginning on March 1,1969 (base 

124.6) and ending on February 28, 1971 the wage rates 

shall be increased on the basis of 1 cent per hour for each 

.5 point or major fraction thereof, rise in the cost-of-living 

over 131.6 as reflected in the Consumers Price Index for 

Urban Wage Earners and Clerical Workers, Bureau of 

Labor Statistics, U.S. Department of Labor monthly 

report using U.S. Survey. If the Bureau of Labor Statistics 

Consumer Price Index in its present form and method as 

calculated shall be revised or discontinued, the parties 

shall request the Bureau of Labor Statistics to provide an 

appropriate conversion of the allowance which shall be 

applicable as of the appropriate allowance date and 

thereafter.

(68) During the period from the first day of July, 

1969, to the 30th day of June, 1970, the city agrees to 

increase each salary grade by a percentage equal to the 

percentage of increase in the national Cost-of-Living 

Index as shown by the average of the 12 monthly reports 

of the United States Bureau of Labor immediately 

preceding July 1, 1969; or, at the option of the union, 

instead of the cost-of-living increase, the employees 

represented by the union shall be paid an additional 2 

percent of their salary during the second year of this 

agreement.

Clauses that allowed the contract to be reopened for

renegotiation of wages or specific issues were found in

about one-fourth of the agreements. (See table 19.) The

advantage of wage reopeners over deferred increases lay

in the ability of the parties to negotiate wages tailored to

conditions existing at the time of the reopener. Most of

these reopeners were limited to wages:

(69) Either party to this memorandum of intent 

reserves the right to reopen Article XVI (Wages) for the 

purpose of renegotiating wages for the period October 1, 

1971 through September 30,1972, by notifying the other 

party in writing at least 10 days prior to June 1, 1971.

Certain nonwage matters were the subject of

reopeners in 11 agreements. Some contracts permitted

negotiations on any noneconomic subject. Others

allowed reopenings on specific items, such as pensions:

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R e o p e n in g o f con tra ct

(7 0 ) It is agreed b y and b etw een the parties h ereto that • 

this agieem en t m ay be reopen ed o n o r after July 1, 1969 

fo r the purposes o f con sid erin g any n o n e c o n o m ic m atters 

and issues w h ich m ay have arisen b y that d ate.

(7 1 ) T h e au th ority shall ap p oin t a co m m itte e to 

investigate the p ossibility o f an in itiation o f a retirem ent 

pen sion plan fo r e m p lo y e e s cov ered b y the term s o f this 

agreem en t. T his agreem ent m ay be reop en ed at any tim e 

during the term , fo r the sole and exclu sive pu rpose o f 

n egotiation o f a pen sion plan, at the request o f said 

co m m itte e .

Thirteen agreements stipulated that area wage surveys 

would be conducted either to adjust current wages or 

serve as a basis to set future wage rates. (See table 19.) 

Eight of these provided for union participation in the 

area wage survey. In the first example, the union was 

limited to submitting comments and recommendations. 

In the second, union and city shared equally in approval:

(7 2 ) T h e u n ion and a u th ority agree that the au th ority 

has the resp on sibility to establish pay rates based u p on 

the prevailing rates in the area. F u rth er, th e parties 

m utually recog n ize the u n io n ’ s con ce rn regarding data 

relating to classification s co v ered b y this agreem en t. T h e 

au th ority w ill p rovid e the u n ion w ith all n o n co n fid e n tia l 

salary data u p o n requ est. T h e u n ion m ay m eet an d co n fe r 

or su bm it co m m e n ts, suggestions o r recom m en d a tion s fo r 

con sid eration b y the a u th ority p rior to the a d o p tio n o f 

n ew salary schedules.

(7 3 ) In ord er to im plem en t the c ity ’ s p o lic y tow ard 

p aying prevailing rates, the city agrees to determ in e a 

prevailing rate b y a survey o f rates paid fo r licensed first 

class op era tin g engineers w h o are assigned as sh ift or 

w atch engineers an d first class refrigeration equ ipm en t 

operators, and computing a weighted average based on the

n u m ber o f em p lo y e e s su rveyed in th e respective 

classes. . . .

W hen the rates fo r the a b ove classes are d eterm in ed each 

year, they shall b e ap p rov ed b y the city and the u n ion . 

A n y claim ed error in the c o m p u ta tio n o f th e rates m ust 

b e m ade w ith in 30 days o f th e d ate o f approval b y the 

city and the u n ion to e ffe ctu a te a c o rre ctio n .

Job classification and reclassification. As opposed to 

adjustments in wages for groups of employees or all 

employees in a city agency, job classification and 

reclassification procedures permit changes in individual 

job rates when the job or jobs have been modified 

substantially or newly established. Thus, new rates can 

be established for difficulty of work, skills required, 

responsibility, and so forth. These new jobs and their 

rates then can be slotted into the existing wage 

structure. Provisions for the classification and reclassification of jobs were found in 22 percent of the 

agreements, and were negotiated in agreements primarily

dealing with blue-collar workers. (See table 20.) Threefourths of these agreements left classification matters to 

unilateral management determination, but more than 

half of these granted the employee organization the right 

of appeal. At times, such appeals could be arbitrated but 

often they were resolved only by a higher management 

authority:

(7 4 ) I f substantial changes in the m e th o d o f o p e ra tio n , 

to o ls, o r eq u ip m en t o f a jo b o c cu r , o r i f a n ew jo b is 

establish ed w h ich has n ot b e e n p reviou sly classified, the 

w age rate fo r su ch jo b shall b e determ in ed b y the O ffic e 

o f Personnel A d m in istration . B efore p u ttin g su ch rate 

in to e ffe c t , the O ffic e o f P ersonnel A d m in istra tion w ill 

p ro m p tly n o tify the u n ion in w ritin g, bu t o n c e this is 

d o n e , the city m ay put the rate in to e ffe c t w ith o u t any 

fu rther d elay. T h ereafter, the u n ion can file a grievance 

o n the single issue o f w h eth er the rate establish ed b y the 

O ffic e o f P erson n el A d m in istration is reason able o r 

un reason able, an d, if the grievance is su bm itted to 

arbitration , the arbitrator shall have the a u th ority to set a 

n ew rate if he d eterm in es that the rate set b y the O ffice 

o f P erson n el A d m in istration is un reasonable.

(2 9 ) A jo b classification com p la in t is an e m p lo y e e ’ s 

request fo r review o f the title, c o d e o r grade o f his jo b at 

the activity level. A n y e m p lo y e e m ay initiate a jo b 

classification com p lain t th rou gh his representatives. Such 

request w ill b e su bm itted ora lly to the appropriate 

supervisor w h o w ill m eet p ro m p tly w ith the em p lo y e e 

and the u n ion representative to discuss the m atter and 

explain the basis u p o n w h ich the jo b has been evaluated.

I f the m atter is n o t satisfa ctorily settled at this level, the 

u n ion m a y, at the e m p lo y e e ’s requ est, file a com p la in t in 

w ritin g w ith the D ivision C h ie f. I f th e m atter is n o t 

resolved , the com p la in t can b e filed w ith the A ssociate 

D ire cto r, an d then to th e D irector o f Sanitary E ngineering. I f the m atter is still n o t resolved, then th e w ritten 

complaint is referred to the District of Columbia Central

P ersonnel O ffic e . T h e P osition C lassification Specialist in 

the P ersonnel O ffic e w ill m eet p ro m p tly w ith the parties 

in volved to discuss the m atter. In fo rm a tio n used to arrive 

at a d e cisio n w ill b e m ade available to the e m p lo y e e and 

the u n ion represen tative.

A n appeal m ay b e m ade b y the e m p lo y e e (s) 

regarding th e correctn ess o f his present title, series c o d e , 

and grade to the C entral W age B oard C o m m itte e a n d /o r 

th e Civil Service C om m ission . S u ch an appeal m ust b e 

initiated w ith in 15 d ays o f the date o f the d e cisio n o f the 

com p la in t.

One-fourth of the agreements stipulated that the 

employee organization would participate to some degree 

in making necessary job classification decisions. (See 

table 20.) The first illustration allowed only consultation, and the second provided the employee organization 

a greater degree of involvement and permitted recourse 

to third party advisory arbitration:

(7 5 ) T h e city agrees that it w ill con su lt w ith the 

a ssocia tion regarding oth er jo b classification s w h ich it

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m ay later establish or change as to salary grades and rates 

o f com p en sa tion th e re o f.

(7 6 ) Job reevaluation - W ithin 60 days o f con tract 

ap p roval, a com m ittee w ill b e established to review jo b 

inequities. I f the parties can n ot reach a m utual agreem en t, 

the issues m ay b e su bm itted to advisory arbitration . T h e 

d ecision o f the arbitrator w o u ld then b e recom m en d ed to 

the Civil Service C om m ission a n d /o r the B oard o f 

E d u ca tion fo r their con sid eration .

Shift differentials. Approximately 30 percent of the 

agreements studied provided for a differential for 

evening and night work:

Agreements Employees

All agreements....................................... 286 613,490

Establishing shift differentials........... 87 292,891

No shift differentials............................ 199 320,699

These were scattered among those activities which are in 

operation around the clock, such as transit systems, fire 

protection, and hospital services. Differentials were paid 

either as an hourly add-on, a salary increase, or a percent 

increase above day rates:

(4 6 ) A prem ium o f 15 cents per h ou r shall b e paid fo r 

all hours actually w ork ed in any regularly assigned daily 

a ftern oon shift w h ich co m m e n ce s at the h ou r o f 11 a.m . 

or b etw een the hou r o f 11 a.m . and 1 p .m .

A p rem ium o f 20 cents per h ou r shall b e paid for ail hou rs 

actu ally w ork ed in any regularly assigned d aily night shift 

w h ich co m m e n ce s at the h ou r o f 7 p .m . or betw een the 

hours o f 7 p .m . and 4 a.m . inclusive.

(7 7 ) T he parties herein recogn ize the fin ancial d ifferen ce in shift pay and all paym en ts shall b e m ade in 

accord an ce w ith the fo llo w in g sch ed u le:

Registered nurse Practical nurse

3 p .m .-11 p.m............... $1,200 $ 900

4 p.m. -1 2 m ..............

1 1 p .m .- 7 a.m............... 1,500 1,125

12 m - 8 a. m...................

(7 8 ) E ffectiv e January 1, 1 9 6 9 , a d ifferen tial o f 5 

percen t per cen tu m shall b e paid to all fire o ffice r s fo r 

w ork actually p erform ed b etw een the hou rs o f 4 p .m . and 

8 a.m . on a regular night shift and to th ose fire o ffice r s 

assigned to rotatin g tou rs o f d u ty fo r w o rk actually 

p e rform ed b etw een the hou rs o f 4 p .m . and 8 a.m . It shall 

not be ap p licab le to Fire O fficers w h o are regularly 

assigned to d a ytim e tou rs o f d u ty e x c e p t w h en su ch fire 

o ffic e r is ordered to w ork a night sh ift.

Mileage allowances. In one-fourth of the agreements, 

city employees whose work required them to travel to 

various locations were authorized to receive a mileage 

allowance. (See table 21.) As the following illustration 

indicates, authorization of such payments could become 

enmeshed in the legislative process:

(7 9 ) E m p loy ees w h o are required to use their personal 

a u tom ob iles o n city business w ill b e reim bursed at the

rate o f 10 cents per m ile. H ow ever, this allow an ce w ill not 

take e ffe ct until the existin g ordin an ce relating to such 

reim bursem en ts has been am en d ed and a system o f 

c o n tro ls has b een in trod u ced .

Travel pay. Only about 6 percent of agreements 

provided for payment for time spent traveling to or from 

work:

(8 0 ) O p erators required to report to the Legal D ivision, 

atten d cou rt fo r the d epa rtm en t, or the C ity o f D etroit, 

or to be detain ed at the term inal, shall be paid the regular 

w age rate plus travel tim e, and less w itness fees. T im e so 

con su m ed shall n ot result in fin ancial losses to op era tors.

(8 1 ) T h e nature o f the p rofession a l responsibilities o f 

specialized services person n el requires traveling betw een 

bu ildin gs o r co m m u n ity agencies. It is u n d erstood that 

th ey are o n d u ty at all tim es w h ile traveling o n sc h o o l 

district business.

Clothing allowances. Special clothing, uniforms, or 

protective devices usually were paid for or maintained 

by the city when they were considered necessary to safe 

or efficient performance of the employees’ duties. These 

clauses, providing for clothing allowance or their maintenance, were found in 39 percent of the agreements and 

applied largely to police, fire, and blue-collar workers. 

(See table 21.):

(8 2 ) T h e B ranch agrees to furnish ap p rop riate p r o te c ­

tive cloth in g and equ ip m en t necessary fo r the p e rfo rm ­

ance o f assigned w o rk . T h e un ion m ay, at its d iscretion , 

recom m en d new p rotectiv e cloth in g and equ ipm en t and 

m o d ifica tio n s to existin g equ ip m en t fo r con sid eration b y 

the B ranch.

(2 1 ) E ach e m p lo y e e shall receive an a llotm en t o f $1 0 

per m on th for the purch ase and m aintenance o f personal 

item s o f cloth in g and equ ip m en t as prescribed b y the c ity , 

p rov id ed that the city shall furnish and m aintain all oth er 

item s o f cloth in g and eq u ip m en t. T his p rovision shall be 

e ffe ctiv e co m m e n cin g January 1, 1 9 7 1 .

Selected payments for time not worked

City contracts paralleled private sector counterparts 

in that they contained a variety of payments for time 

not worked, particularly for sickness, vacations, holidays, funerals, and jury duty. (See tables 22, 23, 24.) 

However, many of these frequently were granted unilaterally to city employees before the advent of collective bargaining, and thus, such arrangements were not 

included always in the agreements studied.

Sick leave. Seventy-seven percent of the agreements 

referred to sick leave. (See table 22.) Typically, sick 

leave provisions set forth the number of days that would 

be earned during a given working period. Often, they

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stipulated the maximum days that might be accrued and 

carried over from year to year:

(8 3 ) T h e c ity ’s current sick leave p o lic y p rovid es:

A ll e m p loy ees shall accru e sick leave at th e rate o f 13 

w ork in g days per year.

E m p loy ees m ay accru e sick leave to a m axim u m o f 9 0 

days.

Most of the provisions dealt with aspects of sick leave 

policy designed to prevent abuses, such as reporting 

requirements and medical certification:

(8 4 ) S ick leave p aym en ts w ill n ot b e m ade unless the 

e m p lo y e e com p lies w ith d epartm en tal rules requiring 

p rom p t n o tice to supervisors o f an y illness o n the jo b , an y 

ab sen ce, progress reports during ab sen ces, and e x p e cte d 

date o f return to w o rk .

(8 5 ) W hen requested b y the a u th o rity , an y e m p lo y e e 

returning fro m a sick leave in excess o f 3 days shall, at the 

tim e o f such retu rn , present w ritten eviden ce fr o m a 

p h ysician o f his ph ysical fitness.

Funeral leave. About 60 percent of the agreements 

permitted paid leave in the event of death in the 

employee’s immediate family, or less often, for other 

relatives or fellow employees. Funeral leave provisions 

generally included a definition of the family, a statement 

of which employees were eligible for leave, and a 

stipulation of the maximum days of leave that could be 

used. Within these general provisions, variety existed. 

For example, the definition of family could extend to 

step parents and children, foster parents, or a legal 

guardian. The maximum leave in the first clause was 3 

days, and in the second, 5 days:

(8 6 ) T im e o f f w ith p a y , shall b y granted to regular 

em p lo y e e s, n ot to e x c e e d 3 w o rk days in case o f death in 

the im m ed iate fa m ily. Im m ed iate fa m ily shall b e d efin ed 

for this p u rpose as sp ou se, natural, fo ste r, step parent, 

m oth er-in -law , fath er-in-law , ch ild , b ro th e r o r sister; or 

any relative residing in the h ou seh old .

(8 7 ) In case o f a death in the e m p lo y e e s im m ed iate 

fa m ily , 5 days leave o f absen ce w ith p ay shall b e granted.

T h e im m ed iate fa m ily shall b e d efin ed as fo llo w s : m oth er, 

fath er, sp ou se, ch ild ren , sister, b ro th e r, m oth er-in -law , 

fath er-in-law , gran d m oth er, grandfather and legal 

guardian.

Often relatives and fellow employees also could be 

encompassed within the clause. The clause also could 

authorize leave for a memorial service, usually in the 

event of the death of a member of the armed forces:

(8 8 ) I f e x p licitly rep orted o n the tim e sh eet, absen ce 

o f a regu larly-ap p oin ted a ccou n ta n t d u e to th e death o f a

w ife , hu sband, parent, parent-in-law , stepparen t, ch ild , 

b ro th e r, sister or stepch ild shall b e p erm itted w ith o u t loss 

o f pay fo r n o t to e x c e e d 3 fu ll w o rk d a y s, p ro v id e d the 

days are used w ith in the calendar w eek (a n y 7 con secu tiv e 

d ays) starting w ith the d a y o f the death.

In case the death o f a relative, as listed in S e ctio n 2, (a ), 

a b ove o ccu rs w h en su ch relative is in the arm ed services o f 

the U nited States, these p rovision s m ay a p p ly to leave fo r 

the p u rpose o f atten din g m em orial o r religiou s services 

h eld b ecau se o f su ch death , w ith o u t regard to the place 

w h ere death o c cu rre d o r to the p lace w h ere services are 

held.

A b se n ce o f 1 day w ith o u t loss o f pay w ith in th e calendar 

w eek (any 7 con secu tive d ays) starting w ith th e d a y o f 

the d eath shall b e p erm itted in case o f the death o f a 

grandparent, gran d ch ild , broth er-in -law , sister-in-law , son - 

in-law , daugh ter-in -law , u n cle, au nt, n e p h e w , n e ice , or 

first cou sin .

R egularly ap p oin ted a ccou n tan ts m ay b e e x cu se d b y the 

S u perin ten den t fo r Vi day w ith o u t loss o f p ay to atten d 

th e funeral o f a fe llo w e m p lo y e e .

The preceding clause applied to “regularly appointed” 

accountants. Most clauses similarly emphasized that the 

leave extended only to the regular work force, and 

occasionally established a minimum length of service for 

eligibility. In the following provision, an employee was 

required to have 6 months’ service. The clause also 

stipulated that the days of leave referred to were 

regularly scheduled work days, and that the leave would 

not impair accumulated sick or vacation leave:

(5 8 ) In the even t o f th e death o f a sp ou se, fa th er, 

fath er-in -law , m o th e r, m oth er-in -law , b ro th e r, sister, 

ch ild , o r gran dch ild in the im m ed iate fa m ily o f an 

e m p lo y e e w ith 6 o r m ore m on th s o f c o n tin u o u s active 

service, and w h o is in active service at the tim e o f su ch 

d eath , su ch e m p lo y e e shall b e en titled to receive u p to 3 

d ays’ leave w ith o u t loss o f p ay fo r the p u rp ose o f 

atten din g fu neral services o r arranging fo r burial. It is 

u n d e rsto o d that these days m ust b e days u p o n w h ich the 

e m p lo y e e is regularly sch ed u led t o w o rk . L eave w ith o u t 

loss o f p ay un der this paragraph shall n o t b e d e d u cte d 

fr o m sick leave or vacation leave.

Occasionally, employees could accumulate funeral leave 

within given limits:

(3 0 ) . . . D uring the first 2 years each e m p lo y e e shall

receive 5 days bereavem en t leave fo r each fiscal year, 

w h ich m ay b e accu m u lated to a to ta l o f 10 d ays. A fte r 

th e 10 days leave have b e e n accu m u la ted , there shall b e 

n o fu rther grant o f d ays. I f m ore than 5 days o f f in an y 1 

year are n eed ed d u e t o a death in th e fa m ily , an e m p lo y e e 

m ay b o r r o w fr o m his accu m u lated 10 reserve days b u t he 

m ust replace th ose d ays fr o m his su cceed in g years’ 5 d ay 

person al leave grant.

Jury duty. Jury duty or court witness leave with pay 

was found in slightly fewer agreements than funeral

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Federal Reserve Bank of St. Louis
leave. (See table 22.) As a rule, provisions stipulated that 

employees would continue to receive regular pay, and 

also set forth the conditions they, in turn, had to meet 

to qualify, such as remission of jury pay to the city:

(8 9 ) A b sen ce w ith pay n o t charged to vacation w ill be 

granted e m p loy ees. . . . o n ju ry d u ty o r answ ering a 

su bp oen a (p ay received fo r su ch d u ty m ust b e turned over 

to the A cco u n tin g D ivision ).

(9 0 ) W here an e m p lo y e e is su m m on ed fo r ju r y d u ty b y 

a cou rt o f c o m p e te n t ju risd ictio n , and actu ally serves o n 

such ju r y , he m ay qu a lify to receive his regular pay as an 

e m p lo y e e during such service b y turning his ju ry pay over 

to the city F inan ce O ffice r.

One agreement set forth jury-related activities for which 

absences away from work were fully paid:

(9 1 ) E m p loy ees w h o are required to serve o n a ju r y , or 

are required to report to cou rt in person in response to a 

ju ry d u ty su m m on s, o r are required to rep ort fo r ju ry 

exam in ation , o r to q u a lify fo r ju r y d u ty , shall receive 

their regular salary during su ch absen ces p rovid ed that 

th ey rem it to the B oard an am ou n t equ al to the 

con p en sa tion received b y th em , i f an y, fo r ju ry d u ty .

Another agreement gave the city the option of providing 

compensatory time or overtime pay for shift workers on 

jury duty on what would otherwise be a scheduled day 

off. In addition, the city required proof of jury duty:

(3 5 ) A ll em p lo y e e s o f the city o f T o le d o w h ile serving 

u p on a ju ry in any co u rt o f record w ith in L ucas C o u n ty , 

O h io , shall be paid his regular salary fo r su ch p eriod o f 

tim e. H e shall rem it to the city Treasurer w hatever 

am ou n t such e m p lo y e e shall receive as com p en sa tion fo r 

his services as ju ro r.

S hift w ork ers w h o serve on ju ry d u ty o n regularly 

sch ed u led days o f f shall be (at the o p tio n o f the 

e m p lo y e r ) granted co m p e n sa to ry tim e o f f or overtim e 

pay.

A ll ju ry d u ty com p en sa ted fo r b y the e m p lo y e r shall b e 

certified to the e m p lo y e r b y the C lerk o f C ou rts, and 

u n der n o circu m stan ces m ay ju r y d u ty ap p ly to an y d ay 

n ot so certified .

In the course of duty, police officers could be called to 

testify before a court. The following highly detailed 

clause assured premium pay if attendance was required 

on days off:

(9 2 ) A n e m p lo y e e o n d u ty at night o r o n vacation , 

fu rlou gh , o r o n a day o f f , w h o attends as a w itness o r in 

oth er cap acity in the p e rform a n ce o f his d u ty fo r or in 

b e h a lf o f [M assachusetts] or the city in a crim inal or 

oth er case pending in any d istrict c o u r t .. . . , an y ju ven ile 

co u rt, o r an y su perior co u rt, o r b e fo r e any grand ju ry 

proceed in gs, o r in c o n fe re n ce w ith a d istrict a t t o r n e y .. . . , 

o r at any pre-trial co n fe re n ce o r an y oth er related hearing 

o r p roceed in g, o r w h o is requ ired o r requested b y any

c ity , co u n ty , to w n , state o r the F ederal G overn m en t oi 

su bdivision o r a g e n c y .. . . to atten d o r appear b e fo re . . . . 

an y o f the fore g o in g , o r w h o atten ds as a w itness or in 

o th e r ca p a city in th e p erform a n ce o f his d u t y . . . in a 

crim in al case o r oth er case pen din g in a F ederal district 

c o u r t, o r b e fo r e a grand ju r y p ro ceed in g , or a U nited 

States C om m ission , o r in co n fe re n ce w ith a U nited States 

attorn ey. . . . o r at any pre-trial co n fe r e n ce or any other 

related hearing o r p roceed in g , shall b e en titled to overtim e com p en sa tion fo r every h ou r o r fra ction th e r e o f 

during w h ich he was in such atten d an ce o r appearance, 

b u t in n o event less than 3 h ou rs su ch pay on an overtim e 

basis; p rov id ed , h ow ever, that if he so atten ds. . . during 

an y d a y , o n m ore than o n e su ch o c ca sio n , he shall be 

en titled to such ad d ition al pay fr o m the tim e o f first such 

a tte n d a n c e .. . to the tim e o f last su ch atten d an ce o n such 

d a y ; p ro v id e d , fu rth er, that i f an y su ch o c ca sio n o ccu rs 

o n a h olid a y w h ich falls o n th e e m p lo y e e ’ s d ay o f f or 

during his va ca tion , the e m p lo y e e shall receive the 

ad d ition a l p ay d u e h im u n der th e h olid a y and vacation 

p rovision s. . .

The agreement involving employees of the Los Angeles 

Housing Authority contained many of the features of 

jury duty provisions already discussed-pay, notification 

and certification of duty, remission of fees—but it also 

included two variations, namely, permission for employees to keep mileage allowances and permission to go 

on jury duty only if the authority’s operations were not 

harmed:

(9 3 ) E m p lo y e e s receiving letters o r su m m on s fo r ju ry 

d u ty sh ou ld n o tify their su pervisor im m ed iately. I f 

absen ce is required b y an o fficia l ord er from an oth er 

govern m en ta l ju risd iction fo r ju ry d u ty o r oth er p u b lic 

p u rp ose, leave w ith pay shall b e granted fo r the p eriod o f 

absen ce p rovid ed th a t:

1. T h e o rd e r has n o t b e e n b rou g h t a b ou t throu gh 

m isco n d u ct or con n iva n ce.

2 . A n y ju ry o r w itness fees received b y the em p lo y e e 

shall b e rem itted to th e F iscal O ffice r . M ileage 

a llow a n ces m ay b e retained b y the e m p lo y e e .

3. T h e absen ce w ill n o t seriously im p ed e the o p era ­

tion s o f the a u th ority .

I f an e m p lo y e e , oth er than a litigant in the case, is 

requ ired t o b e absent to appear b e fo r e a grand ju ry o r in a 

crim inal case b e fo r e a cou rt w ith in th e State o f C aliforn ia , 

o r in a civil case bein g tried w ith in L os A n geles C o u n ty , in 

response to a su b p oen a d u ly served, his regular salary shall 

b e con tin u e d during the p eriod o f ab sen ce, p rovid ed that:

1. E ach date o f necessary atten dan ce in cou rt or 

b e fo r e a grand ju r y , o th er than the date sp ecified 

in the su bp oen a, shall b e certified to b y the clerk 

o r o th e r au th orized o ffic e r o f su ch cou rt or grand 

ju r y .

2. In any case in w h ich a w itness fee exclu sive o f 

m ileage allow a n ce is p ayable, such fee shall be

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Federal Reserve Bank of St. Louis
c o lle cte d b y the e m p lo y e e and rem itted to the 

F iscal O ffice r.

In municipal schools, employees could be excused from 

jury duty, presumably on the grounds that such employees serve the city more meaningfully while remaining on regular duty:

(6 5 ) S c h o o l e m p lo y e e s m ay b e excu sed fr o m ju ry 

d u ty . Im m ed ia tely after receivin g a su m m on s, th e e m ­

p lo y e e sh ou ld request in stru ction s fr o m the o ffic e o f the 

C lerk Treasurer in o rd er to seek e x e m p tio n fro m ju ry 

d u ty .

Paid military leave. Employees who are members of the 

armed services reserve and who are called to active duty 

for emergencies or summer training were provided leave 

with pay in 40 percent of the agreements.8 The clauses 

differed in the amount and duration of pay and the 

certification required for pay eligibility. The following 

two provisions, granted full pay during temporary 

military service. The clauses, however, contained no 

stipulations on whether payments made by the military 

had to be turned over to the city:

(9 4 ) A n y e m p lo y e e w h o is a m em b er o f the R eserve 

F orces o f the U n ited States o r o f the State o f N ew Y o rk 

and w h o is ord ered b y th e ap p rop riate au th orities to 

atten d a training program , o r p e rfo rm oth er duties under 

the supervision o f the U n ited States o r o f the State o f 

N ew Y o rk , shall b e granted a leave o f absence w ith pay 

fo r a p eriod n ot to e x c e e d 30 d ays during su ch service.

(5 4 ) Leave o f absen ce w ith pay shall b e granted to an 

e m p lo y e e w h o is a m em ber o f the N ational G u ard or 

O rganized R eserve to fu lfill his annual tou r o f d u ty 

requ irem en t. T his leave p eriod is n orm a lly 2 w eek s and 

shall n o t e x ce e d 17 days.

Other provisions stated that the city would pay the 

difference between military and regular pay. By and 

large, provisions were limited to full-time employees as 

in the following examples, and required the employee 

to submit pay vouchers on his return so that the 

differential could be computed. The first explicitly 

guaranteed continued accumulation of vacation and sick 

leave credits:

(7 4 ) A regular (n o n p ro b a tio n a ry ) e m p lo y e e o f the city 

w h o is tem p ora rily called to active d u ty (e.g. sum m er 

training) shall b e granted a leave o f absence fo r the 

d u ration o f su ch active d u ty and shall b e paid the 

d iffe re n ce b etw een his regular p ay and his service pay 

(u p o n receip t o f a service pay v o u ch e r) fo r a p eriod n o t to 

e x c e e d 31 days in any calendar year an d , fu rth er, shall 

accu m u late vacation and sick leave w ith pay credit during 

the p eriod o f su ch leave.

“ Leaves o f absen ce fo r m ilitary service are discu ssed on 

p. 2 9 .

(9 5 ) R egular fu ll-tim e em p lo y e e s, w h o are m em bers o f 

any m ilitary reserve co m p o n e n t, are en titled to leave o f 

absen ce fo r su ch tim e as th ey are in the m ilitary service 

o n field training o r active d u ty fo r p eriod s n o t to e x c e e d 

30 days per calendar year. S u ch a leave m ust b e granted 

b y the d epa rtm en t head after seeing orders fr o m p rop er 

m ilitary au th orities. I f the e m p lo y e e ’ s m ilitary p ay is less 

than his regular p a y , he m ay file a certifica te to that 

e ffe c t u p o n his retu rn , w ith c o p ie s o f m ilitary ord ers and 

pay v ou ch er, and forw a rd it to the P ayroll O ffic e th rou gh 

the P ersonnel D ep artm en t, w h ereu p on he w ill b e given a 

ch eck fo r the d iffe re n ce . M ilitary training leave d o e s n o t 

a p p ly to sh ort repetitive p eriod s o f m ilitary service.

Call back pay. Two-fifths of the agreements guaranteed 

that an employee called back after the completion of his 

shift either would work or receive compensation for a 

stipulated number of hours. Most frequently, 3 or 4 

hours were guaranteed, usually at overtime premium 

rates:

(3 7 ) A n y e m p lo y e e called to return to w o rk im m ed ia tely , o r b e fo re th e e m p lo y e e ’ s next w o r k shift and su ch call 

is after the e m p lo y e e has left th e e m p lo y e r’ s prem ises at 

the en d o f his last sh ift shall b e paid fo r a m in im u m o f 4 

hou rs at th e rate o f o n e and on e -h a lf tim es his regular 

rate, p rov id ed h ow ever, that i f th e sam e e m p lo y e e is 

called b a ck m ore than o n c e during the sam e b e tw e e n shift 

p eriod his tota l m in im u m guarantee fo r all su ch call-backs 

shall n o t e x c e e d fo u r (4 ) h ou rs at tim e and on e-h alf.

In the following provision, actual hours worked were 

paid for at time and one-half, but the guarantee 

extended only to 4 hours at straight time:

(9 6 ) I f an e m p lo y e e is called b a ck to w o r k after having 

co m p le te d a fu ll d a y ’ s w o r k , he shall be paid at tim e and 

o n e -h a lf th e straight tim e h ou rly rate o f p ay fo r tim e 

w o rk e d w ith the m in im u m guarantee o f 4 hou rs at the 

straight-tim e h o u rly rate.

The guarantee rate was only 3 hours at straight time for 

New York subway supervisors, but those recalled also 

received a paid meal allowance:

(9 7 ) I f an e m p lo y e e is required to report b a ck fo r 

em ergen cy w o rk after bein g released u p o n the co m p le tio n 

o f his regular tou r o f d u ty , he w ill b e paid as fo llo w s : I f 

he shall have b e e n ord ered to and d o e s report in person to 

the place w h ere he is d irected to rep ort, he w ill be 

allow ed 3 h ou rs’ tim e at his regular rate o f pay fo r so 

reportin g.

A n e m p lo y e e engaged in em ergen cy w o rk ou tsid e his 

regularly sch ed u led w ork in g tim e w ill be given a $3 m eal 

a llo w a n c e .. . .

R eporting pay. Seventeen percent of the agreements 

provided for payments to city employees, who reported 

for work as scheduled only to find no work was 

available. Such provisions were designed to penalize city

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Federal Reserve Bank of St. Louis
employers for improperly scheduling work and to 

compensate employees for the inconvenience of traveling to work unnecessarily. In contrast to provisions in 

nongovernment contracts, city agreements generally 

made no provisions for waiver of the report pay 

requirement:

(9 8 ) A ll e m p lo y e e s, e x ce p t part-tim e p erson n el, w h o 

report fo r w ork at a regular assigned tim e and w h o are 

o fficia lly excu sed and sent h om e d u e to lack o f w o rk or 

in clem en t w eather b e fo r e com p letin g 2 h ou rs o f w o r k , 

shall b e credited w ith 2 h ou rs p ay at their straight tim e 

rate.

The employee could be required to remain available for 

work and to perform any work assigned to qualify for 

the guarantee:

(9 9 ) A n y regular op e ra to r w h o reports fo r his regularly 

assigned run o r trick and w h o , th rou gh n o fault o f his 

o w n , is n o t used, shall receive his regular d a y ’ s p ay, 

p rovid ed he h old s h im self available fo r an d p erform s any 

oth er w o rk w h ich he m ay b e o rd ered to p erform .

(1 0 0 ) In the event a su bstitu te teacher reports to a 

bu ildin g in accord a n ce w ith an assignm ent b y the D ivision 

o f P ersonnel, and the services o f the su bstitu te teacher are 

unnecessary, and in the event the su bstitu te is w illing to 

m ove to an assignm ent in an oth er bu ildin g bu t n o su ch 

assignm ent is available, the su bstitu te teacher shall b e paid 

the sum equ al to o n e -fo u rth o f his d aily rate.

Paid rest periods. Rest periods appeared in 19 percent 

of the agreements, but the practice formally or informally probably was more widespread than the data indicate. 

(See table 22.) Allowances in agreements usually involve 

blue-collar employees. Typically, clauses provide for rest 

periods of equal length, one before and one after lunch, 

midway through the shift:

(1 0 1 ) A ll e m p lo y e e s shall have a 15 m inute c o ffe e 

break in the m orn in g and a 15 m inute c o ffe e break in the 

afternoon. Such coffee breaks shall be paid fo r b y the 

e m p loy er.

Clauses also may be added to prevent the abuse of 

breaks, for example, to extend lunch hours or for 

personal business:

(1 0 2 ) All e m p lo y e e s’ w o rk schedules shall p rovid e fo r a 

15 m inute rest p eriod during each o n e -h a lf sh ift. T h e rest 

p eriod shall be sch ed u led at the m iddle o f each o n e -h a lf 

shift w h enever this is feasible. T h e rest p eriod is in ten d ed 

to be a recess to be p reced ed an d fo llo w e d b y a w ork 

p eriod . C on seq u en tly , it m ay n o t be used to allow late 

arrival or early departure o r to ex ten d the lun ch p eriod .

(1 0 3 ) A ll e m p lo y e e s shall b e en titled to o n e 15 m inute 

rest period during every 4 hou rs w o r k ; the rest p eriod w ill 

b e taken ordin arily during the se co n d o r third h o u r o f 

each 4 h ou r p eriod . E m p lo y e e s shall n o t co n d u ct personal 

business during the w o rk day w ith o u t perm ission .

Paid meal periods. Only 5 percent of the agreements 

provided for meal periods on the city’s time. These 

clauses usually referred to special situations or circumstances, such as continuous operation or overtime, and 

applied to blue-collar workers, policemen, and firemen. 

For example, an employee working a minimum number 

of hours of overtime would be provided a paid meal 

period and another break if he continued to work for an 

additional period:

(3 7 ) A n e m p lo y e e w h o is required to w o rk m ore than 

2 hours b e fo re or b e y o n d his regular shift shall be allow ed 

a 30 m in u te lu n ch p eriod o n the e m p lo y e r’ s tim e, to be 

taken n o t later than the ex p iration o f su ch 2 h ou r 

overtim e p eriod . In the event the e m p lo y e e w ork s fo r 

m ore than 4 hou rs b e y o n d su ch 2 h ou r overtim e p eriod , 

he shall receive an a d d ition a l 30 m inute lu n ch p eriod o n 

the e m p lo y e r’ s tim e fo r each ad d ition a l 4 h ou r overtim e 

in crem en t.

Where the nature of the operation required continuous 

attendance at the work place, then the worker received a 

paid lunch period, but he had to be prepared to respond 

to any need for his services:

(1 0 4 ) E m p loy ees w h o m ust co n tin u o u sly m o n ito r their 

d u ty station shall have a 1/2 h ou r lu n ch p eriod bu ilt in to 

their 8 h ou r sh ift, and this lu n ch p eriod shall be sch edu led 

as close to the m idd le o f the w o rk shift as p ossible. It is 

u n d erstood that such e m p lo y e e s are o n d u ty w h ile eating 

and m ay have to resp on d to d u ty requirem ents. W here the 

n u m b er o f e m p lo y e e s perm its, e ffo rts w ill b e m ade to 

allow un in terru pted m eal breaks.

Length of paid lunch periods may vary according to 

working conditions:

(4 0 ) T here shall b e a 20 m inute paid lun ch p eriod fo r 

all p erson n el w h o are required to rem ain at their w ork 

station or w ork site during the cou rse o f the w ork d a y . 

S u ch person n el shall in clu d e, bu t n o t lim ited t o , op eratin g 

person n el in the D ivision o f R efu se D isp osal, dispatchers 

w h o can n ot leave their w o rk stations, 2 4 -h ou r shift 

op era tion s, e tc. N o paid lun ch period shall be lon ger than 

2 0 m inutes e x c e p t that in the D ivision o f C o n stru ctio n , 

M aintenance an d R epair o f Streets and in the D ivision o f 

Sew age T rea tm en t, becau se o f special w ork in g co n d itio n s, 

the paid lun ch p eriod shall b e 30 m inutes.

Washup, cleanup. Washup, cleanup provisions were 

found in only 9 percent of the agreements studied, again 

predominantly among blue-collar workers, as might be 

expected, since basically this provision is job-related. For 

this study, clauses were defined to include matters such 

as putting away tools or equipment as well as preparatory time at the beginning of the day:

(1 9 ) A ll op era tors w ill be a llow ed 10 m inutes preparato ry tim e fo r the pu rpose o f getting equ ipm en t ready for 

pulling o u t. O p erators w ill b e a llow ed 5 m inutes fo r

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Federal Reserve Bank of St. Louis
storing eq u ip m en t after c o m p le tio n o f their assignm ents 

or w ork runs at D ivision p oin ts or ou tsid e loca tion s.

Preparatory tim e and s ig n o ff tim e shall b e con sid ered as 

w ork tim e and m ade a part o f th e w o rk run.

More typically, provisions dealt with washing up and 

clothes changing, some of which provided for such time 

only at the end of the day. Time allowed usually varied 

from 10 to 15 minutes:

(3 6 ) A n e m p lo y e e o f the S h op s and E qu ipm en t 

D epartm en t, G arage D ivision o r S h o p D ivision , shall be 

allow ed 10 m inutes w ith pay to w ash and dress im ­

m ediately p rior to the c o m p le tio n o f the d a y ’ s w o r k .

(6 6 ) Plum bers and painters and oth er e m p loy ees w h en 

necessary shall b e given 15 m in u tes in the a fte rn o o n to 

cleanu p b e fo r e leaving at the en d o f the w o rk d a y .

Several agreements required the city to provide necessary facilities:

(5 7 ) E m p loy ees shall b e granted a 15 m inute personal 

cleanup p eriod prior to the end o f each w ork sh ift.

W ork sch edu les shall be arranged so e m p lo y e e s m ay take 

advantage o f this p rovision , the e m p loy er shall m ake 

available th e required facilities and supplies.

In some cases, the amount of time was not given, but 

employees were granted a “reasonable” time. The 

following provision also permitted washup at the end of 

both halves of the shift:

(2 9 ) T h e e m p lo y e r w ill p rov id e a reasonable am ou n t o f 

tim e, con sisten t w ith the natu re o f the w ork p e rfo rm e d , 

fo r e m p lo y e e s to clean up p rior to lun ch and at th e end o f 

the w ork d a y s.

Vacations. A surprising 70 percent of the agreements 

referred to paid vacations, another fringe benefit normal- 

^ ly covered in personnel regulations. (See table 23.) Plans 

typically were graduated and increased annually as 

length of service increased. Of the agreements specifying 

maximum lengths of vacation, 81 percent were for 4 

weeks or longer; 5 weeks was the most common.

Vacation provisions are usually lengthy and involve a 

number of issues such as length of service, annual work 

requirements, scheduling, and the effect of termination, 

retirement, and military service on vacations. The length 

of service determines the number of weeks’ vacation for 

a given year. Although length of continuous service 

usually is defined as work with one employer, the 

following plan permitted service with different governmental units. The same plan required city employees to 

work 30 weeks in the year to obtain the minimum 2 

weeks’ vacation. Other plans may set the vacation 

eligibility in hours or days worked in the year:

(1 0 5 ) Every e m p lo y e e cov ered b y this agreem ent w h o 

o n June l has actually w ork ed fo r the m un icipal 

em p lo y e r fo r 30 w eek s in the aggregate during th e 

vacation eligibility year shall b e granted 2 w eeks o f 

vacation leave. . . .

. . . F o r the pu rpose o f determ in in g vacation le a v e .. . 

service w ith the C o m m o n w e a lth o f M assachusetts, the 

city o f B oston , o r the co u n ty o f S u ffo lk shall b e in clu d ed 

in com p u tin g length o f service.

As for scheduling vacations, clauses stipulated that time 

off would be distributed without impairing operational 

efficiency. Within this limit, vacations could be selected 

by employees, usually on a seniority basis. However, the 

kind of seniority may differ for different groups of 

employees, and may be modified by location of work, 

shifts, and desirability for vacations during warm 

weather months:

(7 ) V a ca tio n p eriod s shall e x ten d over the entire year 

and shall b e sch ed u led in such a m anner that in the 

ju d gm en t o f (th e e m p lo y e r ) su ch vacation p eriod s w ill n ot 

interfere w ith the dem ands fo r s e r v ic e .. . .

T h e selection fo r vacation p eriod s fo r op era tors [transp o rta tio n ] shall b e in a cco rd a n ce w ith sen iority. [T h e 

e m p lo y e r ] w ill p ost a list b y O c to b e r 15 th sh ow in g the 

nam es o f op era tors a cco rd in g to their sen iority standing 

and sp e cific tim e fo r each op e ra to r to m ake his selection . 

S u ch selection shall begin o n the first M on d ay in 

N ov em b er p rior to the calendar year in w h ich the 

vacation is to b e tak en , and shall b e co m p le te d w ith in 6 

d ays, w ith o n e sh o p stew ard engaging in the p ick .

W ith respect to n on op era tin g em p lo y e e s, the selection o f 

vacation p eriod s shall b e in a cco rd a n ce w ith D ivision 

sen iority b y lo ca tio n s b y shifts. [T h e e m p lo y e r ] shall 

d eterm in e the n u m b er o f e m p lo y e e s and classifications 

fo r an y vacation p eriod alth ou gh vacations w ill be 

sch ed u led over the entire calendar year, th ey w ill b e set up 

fo r pick so that a n y on e in the n on op era tin g departm en t 

co u ld p ick a vacation in M ay, Ju ne, Ju ly, A ugust or 

S eptem ber as he so desires. . . .

(1 0 6 ) A rrangem en ts fo r vacations m ust b e m ade w ith 

regard to the necessity o f co n tin u o u s w ork in g co n d itio n s 

in ord er that, in the ju d gm en t o f the a u th ority , a 

su fficien t n u m b er o f e m p lo y e e s w ill be available at all 

tim es to cover the various classes o f w o rk . V a ca tion s shall 

b e p ick ed a ccord in g to an e m p lo y e e ’ s sen iority w ith in the 

section he is e m p lo y e d .

Vacations also were granted to part-time workers, 

usually pro-rated according to the number of hours, 

days, or weeks a year that they worked. City employees 

who left employment usually received the vacation 

which they had earned until the time of their departure. 

The estate of a deceased worker typically received the 

employee’s earned vacation pay. Workers discharged for 

cause generally lost earned vacation:

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(1 0 7 ) V acation s fo r part-tim e bu ildin g service helpers 

are granted on the basis o f tota l hours w o r k e d , including 

paid sick tim e, during the 12 m on th p eriod ending w ith 

pay p eriod nu m ber 10 o f each year. A n additional 

a llow a n ce is granted after 10 and 20 years o f s e r v ic e .. . . 

A n y e m p lo y e e , w h o leaves the service d u e to resignation, 

retirem en t, la y o ff o r death or w h o takes m ilitary leave, 

w ill b e paid fo r earned vacation tim e that has a ccu m u lated . D ischarged e m p lo y e e s are n ot en titled to pay 

fo r accu m u lated vacation tim e.

Holidays. Provisions specifying the number of paid 

holidays appeared in as many agreements as vacation. 

(See table 24.) The number of paid holidays in city 

contracts varied greatly, but more than half of the 

agreements provided for 10 paid holidays or more. 

Regional variations were apparent. Although most agreements in the Pacific and East North Central States 

provided for 8 holidays or more, those in the East Coast 

were more liberal. Contracts in the Middle Atlantic 

States provided for 11 holidays or more, and in New 

England, where local holidays such as Bunker Hill Day 

and Evacuation Day are also celebrated, 12 or more. 

Some agreements also provided for days off on an 

employee’s birthday and on his employment anniversary 

date.

In addition, holiday provisions usually established the 

number and designation of holidays, eligibility for pay, 

and premiums for work. Qualifications for holiday pay 

were determined by length of service, usually minimal, 

and days worked before and after the holiday. All of the 

qualifications had to be met for holiday allowances to be 

received. However, work qualifications which often 

could be waived under mitigating circumstances were 

adhered to rigidly when absence from work was the 

employee’s fault:

(1 0 8 ) T o q u a lify fo r h o lid a y p a y , city em p lo y e e s 

covered b y this agreem ent m ust have been o n the p ayroll 

fo r a p e rio d o f 30 calendar d ays, and have w ork ed their 

n orm al w o rk d a y b e fo re and their n orm al w o rk d a y fo llo w ­

ing th e h o lid a y , unless su ch failure to w o rk is caused b y 

o n e o f the fo llo w in g reasons:

a. Personal illness o r illness in th e im m ediate 

fa m ily

b . Jury d u ty

c. Serving m ilitary requirem ents

d . D eath in th e im m ed iate fam ily

e. L aid o f f w ith in 1 w eek p rior to th e h olid a y

f. Leave w ith p a y , in clu d in g vacation leave

(9 0 ) E m p lo y e e s w h o are absent w ith o u t leave o n the 

w o rk d a y im m ed iately p reced in g or fo llo w in g the observed 

h o lid a y , shall n o t b e en titled to h olid a y pay o r oth er 

provision s o f this article. A n y suspension m ade un der the 

provision s o f this agreem en t shall be treated as absence 

w ith o u t leave under this se ctio n . A n y e m p lo y e e w h o is o n

‘ 'In ju red o n D u ty ” status o n the date o f the observed 

h o lid a y shall n o t receive h olid a y p ay.

If the holiday was worked, the employee was paid a 

premium, and if the holiday fell on a day off or during 

vacation, an extra day’s pay was provided:

(7 1 ) I f a h olid a y as established in this con tra ct falls 

during an e m p lo y e e ’ s vacation tim e, the e m p lo y e e w ill be 

paid d o u b le tim e fo r the h olid a y .

I f a h olid ay as established in this con tra ct falls during an 

e m p lo y e e ’ s regular day o f f , the e m p lo y e e w ill b e paid for 

8 hou rs straight tim e.

S h ou ld an e m p lo y e e be required to w o rk on a h olid ay as 

establish ed in this co n tra ct, said e m p lo y e e shall b e paid 

d o u b le tim e fo r all hou rs w ork ed w ith a m inim u m 

guarantee o f 8 hours.

As an alternative, the city could provide another day off, 

often within given time limits. Occasionally, a contract 

stipulated that injured employees would receive pay for 

the day even though compensated by insured benefits:

(9 ) I f an e m p lo y e e , w h o is eligible fo r paid h olid a y as 

set fo rth a b ove, is absent fr o m w o rk becau se o f illness or 

injury and is cu rren tly receivin g a ccid en t and sickness

insurance b e n e fits ------- or w ork m en s c o m p e n s a tio n .. . .

the e m p lo y e e is en titled to h o lid a y pay fo r applicable 

h olid ays, w ith o u t d im in u tion o f h is a ccid en t and sickness 

or w o rk m e n ’ s com p en sa tion ben efits.

Unpaid leave provisions

Leave of absence provisions, which allow an employee to be absent and still retain his job rights, were 

found in three-fourths of the agreements and were 

divided about equally among the various kinds of leave 

specified. (See table 25.)

Military leave. Leave for regular military service was 

included in more than two-fifths of the agreements. 

Typically, these clauses provided for a leave of absence, 

in effect a guarantee of reemployment and a guarantee 

of various employee rights. Clauses could widen the 

definition of military leave to include nonmilitary 

services of conscientious objectors, as in the following 

clause, protecting seniority and automatic progression 

up the salary schedule:

(1 0 9 ) M ilitary leaves o f absence w ith o u t pay w ill be 

granted to a perm an ent teach er in d u cted in to the A rm ed 

F orces fo r the requ ired length o f service, accord in g to the 

term s o f th e Selective Service and T raining A c t o f 19 40 

and su bsequ en t am en dm en ts b y C ongress.

A teacher w ill b e eligible fo r m ilitary leave o f absence i f 

ord ered to rep ort fo r civilian w o rk in the N ational interest

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under the current p rovision o f the S elective Service and 

Training A ct ap p lyin g to con scien tiou s o b je cto r s.

U p on return to the sch o o l system , su ch in d u cted teacher 

w ill be p laced o n a step o f the salary scale as if he had 

never left.

T h e teacher returning fr o m m ilitary service w ill be 

reinstated and w ill retain sen iority as if he had never left.

The right to reemployment to an old job or an 

equivalent one could be limited by the employee’s 

physical condition. The contract also could restrict 

reemployment to those honorably discharged:

(1 1 0 ) A n y perm an ent fu ll-tim e e m p lo y e e w h o shall 

enter the arm ed fo rce s o f the co u n try w hile a state o f war 

or the requirem ent o f co m p u lso ry m ilitary service exists 

w ill be restored to his fo rm e r p o sitio n o r o n e o f an 

equ ivalent status u p o n presen tation o f an h on ora b le 

discharge. . . . w ith in 9 0 days fr o m the date o f the 

discharge.

R ein statem en t fr o m m ilitary leave o f absen ce shall be 

su bject to the ability to pass the required ph ysical 

ex am in ation .

By reference, the law on military reemployment could 

be incorporated into the contract; the city also could 

guarantee retirement credits:

(1 1 1 ) A n e m p lo y e e shall be granted an e x te n d e d leave 

o f absen ce w ith ou t pay fo r m ilitary d u ty in a ccord a n ce 

w ith law and after discharge shall b e restored to e m p lo y ­

m ent w ith th e c ity , u p o n request, in a ccord a n ce w ith 

l a w .. . .

E m p lo y e e s o n m ilitary leave w h o thereafter return to 

em p lo y m e n t w ith the city shall receive retirem ent credit 

fo r all tim e spent in active m ilitary service.

Similarly, length of service could include time spent on 

military leave. The following clause also provided pay 

for the first 30 days of military service:

(1 1 2 ) Bilingual teachers o n regular ap p oin tm en t w h o 

enter the m ilitary service shall b e o n leave o f absen ce w ith 

p ay during th e first 30 days o f su ch service unless the 

B oard is oth erw ise required to m ake p aym en t o f salary 

during su ch m ilitary service.

In determ in in g length o f service fo r an y p u rp ose o f this 

agreem en t, con tin u ity o f service shall n o t be d eem ed to 

b e in terru pted b y absence d eterm in ed to b e d u e to illness, 

acciden t o r in ju ry su ffered in the line o f d u ty o r b y tim e 

spent in m ilitary service, the Peace C orp s o r V IS T A .

Union business. About the same number of contracts 

referred to leave for union business as for military leave. 

Clauses typically defined the length of the leave period 

(long-term for employees assuming a union office and 

short-term employees going to a union convention or 

training institute), the number of employees eligible, and

the status of the employee when he returned to work. 

Although the following clauses were silent on the 

subject, it could be the practice that when maximum 

leave was reached, the leave might be renewed for an 

additional period, once both parties reviewed the situation. The first provided for seniority to be accumulated during the leave period; and the second 

assured no loss in salary progression:

(1 1 3 ) M em bers o f th e un ion elected to local un ion 

p osition s o r selected b y the u n ion to d o w o rk w h ich takes 

th em fro m their em p lo y m e n t shall, at the w ritten request 

o f the u n ion , receive leaves o f absence fo r p eriod s n ot to 

e x c e e d 2 years o r the term o f o ffic e , w h ich ever m ay b e 

sh orter, an d u p o n their return shall b e ree m p lo y e d at 

w o rk w ith accu m u lated sen iority. E m p lo y e e s w ill obtain 

leave renew al fr o m the city o n form s p rov id ed b y the 

city .

(1 1 4 ) T h e B oard agrees that up to three teachers 

designated b y the associa tion w ill u p o n request b e granted 

a leave o f absen ce fo r up to 2 years, w ith o u t p a y , fo r the 

p u rpose o f engaging in associa tion (lo c a l, state, n a tion al) 

activities. U p on return fro m such leave, a teach er w ill be 

con sid ered as i f he w ere actively e m p lo y e d b y the B oard 

during the leave and w ill b e placed o n th e salary sch edu le 

at the level he w o u ld have achieved if he had n ot been 

absent.

Even short-term leaves for union business included 

safeguards of employee status:

(1 1 5 ) A t the request o f the u n ion , a leave o f absen ce 

w ith ou t pay shall b e granted to an y classified e m p lo y e e 

w h o is a m em ber o f the u n ion to atten d a co n v e n tio n or 

oth er sim ilar fu n ctio n s o f short du ration (su bject to the 

ap p roval o f the ap p oin tin g au th ority and th e C o m ­

m ission ). S u ch leave o f absen ce w ill n o t a ffe c t his sick 

leave and v a cation leave accru als, anniversary date fo r 

increases; sen iority d ates; n o r w ill it con stitu te a break in 

service fo r co m p u tin g service credits fo r C ivil Service 

exam in ation s.

Agreements providing for refusal of requests for leaves 

of absence were rare. In the following provision, written 

justification of any disapproval had to be given to the 

union. Conceivably, the decision could be processed 

under the grievance procedure:

(1 1 6 ) T h e e m p lo y e r recogn izes that the u n ion m ay 

designate e m p lo y e e m em bers, elected o r a p p o in te d , to a 

u n ion o ffic e o r to b e delegate to a u n ion fu n ctio n and 

agrees that, u p o n requ est, the e m p lo y e e w ill b e granted 

annual leave o r leave w ith o u t pay fo r the p eriod o f tim e 

required to be aw ay fr o m his jo b to act as a union 

representative, o r to atten d u n ion con v en tion s o r caucuses 

o r to atten d a u n ion -sp on sored and fo r e m p lo y e r 

sp on sored training cou rse. Su ch requests w ill b e su b ­

m itted as far in advance as p ossible, b u t in n o case less 

than 5 w ork in g days p rior to th e day leave is to beg in . I f 

leave is refu sed, it shall be b y the personal d e cisio n o f the

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Federal Reserve Bank of St. Louis
bran ch ch ief, the u n ion w ill b e n o tifie d o f su ch leave 

disapproval in w riting togeth er w ith n o tifica tio n th erefor.

Personal leave. Leaves o f absence for personal reasons 

were found in 38 percent o f the agreements. (See table

25.) These open ended provisions were defined vaguely, 

which provided leeway to the city in granting leave and 

to the employees in seeking leave. Such provisions 

ranged from simple declarations, as in the first illustration, which had no reference to the length o f leave to 

lengthier statements o f short-term leave, setting forth 

reasons for which it would be granted:

(1 1 7 ) A ll e m p lo y e s shall be en titled to a reasonable 

leave o f absence fo r g o o d cause. . . .

(4 0 ) A fte r 1 year o f c o n tin u o u s service, an d yearly 

thereafter fr o m the date o f e m p lo y m e n t, fu ll-tim e 

em p loy ees m ay b e granted personal leave, n o t to ex ce e d a 

total o f 3 days in any o n e year, fo r an y o f the fo llo w in g 

reasons:

R eligious observan ce. . .

Personal, legal, business, h ou seh old o r fa m ily 

m atters o f an em ergen cy nature, n ot covered 

elsew h ere in these regu lation s, p rov id ed th e e m ­

p lo y e e states the s p e c ific reason fo r the request 

and su ch is ap p roved b y the Bureau H ead and the 

D irector o f P ersonnel.

Teacher agreements granting personal leaves o f absence 

tended to be more detailed, cover conditions under 

which leave might be granted, apply time limits, bases 

for refusal o f leave, and rules to be observed by 

employees on leave:

(1 1 8 ) A n y teacher w h o so requests m ay b e granted 

personal absence o f a reason able nature b y the Superintendent w ith ou t p ay, p rovid in g that adequ ate p rovision s 

have b een m ade to assure the con tin u ity o f the instruction al program . R equ est fo r personal absence shall b e 

m ade in w ritin g at least 14 calendar days in advance o f 

the effe ctiv e date o f the leave, e x c e p t in em ergen cy 

situations. I f the S u perin ten den t is con sid erin g n o t 

approvin g the ab sen ce, he shall con sid er, p rior to taking 

appropriate a ctio n , the fo llo w in g :

1. T he individu al requ est o f the teacher.

2. T h e prior re co rd o f the teacher.

3. U nusual circu m stan ces.

4. T h e fa ct that sim ilar absen ce requests m ay or 

m ay n o t b e a p p roved in th e fu tu re.

5. P rior disapproval o f the request.

(1 1 9 ) Leave o f absen ce fo r personal bu siness m ay b e 

granted by the B oard o f E d u ca tion fo r su ch p eriod s as th e 

B oard m ay d e cid e , said p eriod n o t to e x ce e d 1 year. 

T eachers o n su ch leave m ay request e x ten sion o f su ch 

leave fo r g o o d and valid cause. T h ose to w h o m such leave 

is granted shall su ffer loss o f fu ll pay an d m ust state, in 

w riting, that th ey w ill n o t a cce p t an oth er p o sitio n as 

adm in istrator, supervisor o r teach er during that p eriod .

T each ers shall be entitled to tw o personal business days 

per year w ith ou t loss o f p a y.*

*T h e personal business days shall n ot b e cum ulative.

*U nu sed personal business d ays shall be transferred to 

sick leave ba n k .

O n e w h o requests a p ersonal business day shall su bm it his 

requ est, on the fo rm prescribed , to the principal in tim e 

to allow the request to reach the O ffic e o f the S uperin ten d en t o f S ch o o ls 3 d ays p rior to the day o f leave.

N orm a lly, reasons w h ich w ill ju stify the w ritten request 

w ill b e su ch as:

A . M arriage o f the teacher o r o f an im m ediate 

relative o f the teacher.

B. G rad u ation o f a son o r daugh ter.

C . P articipation in a gradu ation or acceptin g a 

degree.

D . S erious illness at h o m e .

E. A tten d a n ce at a p rofession a l m eetin g.

F . P rop erty closin gs, sales, e tc.

In the case o f a personal em erg en cy , such as atten dan ce at 

a fu neral n o t cov ered b y the rules, the requirem ent o f a 

p rior w ritten request w ill b e w aived b y the S uperin ten d en t o f S ch o o ls.

M aternity leave. O f the contracts studied, 37 percent 

referred to maternity leave; such agreements were 

numerous especially in educational institutions. Clauses 

typically stipulated the duration o f leave, which varied 

greatly, particularly in terms o f the employee’s physical 

condition. As a rule, clauses did not refer to the 

employee’s status on return, such as the effect o f 

absence on seniority or salary, provisions commonly 

connected with other leaves. Usually, negotiated 

maternity leave clauses contained administrative details: 

advance notice o f leaving and returning and requirements for medical certificates or examinations before 

and after:

(1 2 0 ) A m arried fem ale e m p lo y e e w h o b e co m e s 

pregnant and w h o w ishes to return to w ork after d elivery 

shall discuss her situation w ith her supervisor n o later 

than the en d o f the 4 th m o n th o f p regn ancy and shall 

furnish a m edical certificate sh ow in g e x p e c te d date o f 

co n fin e m e n t. W hether o r n o t to grant a leave o f absence 

fo r p regn an cy is at th e d iscretion o f the d epartm en t head.

I f gran ted, it m ust b e w ith o u t p a y . I f a leave is granted 

the agen cy head m ay request that th e vacan cy b e filled o n 

a tem p ora ry basis and that tem p orary p ro m o tio n be m ade 

during the p eriod o f leave. W hether o r n ot a leave is 

gran ted, th e pregnant e m p lo y e e m ust leave the service at 

2 m on th s b e fo r e the e x p e cte d date o f co n fin e m e n t.

R etu rn to d u ty can n ot b e w ithin 6 w eek s o f delivery and 

m ust b e a cco m p a n ie d b y a statem en t o f her attending 

ph ysician an d con cu rren ce o f a city p h ysician . T h e agen cy 

head m ay require advance n o tice o f her retu rn , n ot to 

e x ce e d 30 d ays.

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(1 2 1 ) A fu ll-tim e, perm anent e m p lo y e e w ith a 

m in im u m o f 1 year o f con tin u ou s service m ay b e granted 

u p on ap p lication to the a p p oin tin g a u th ority , a m atern ity 

leave o f absence w ith ou t pay and w ith ou t loss o f sen iority 

fo r a p eriod up to 6 m on th s begin n in g n o earlier than the 

end o f the 5th m on th and n o later than the en d o f the 7th 

m on th o f pregn ancy and en d in g n o later than 4 m on th s 

after birth . In n o event shall m atern ity leave ex ce e d 6 

m on th s.

Such a p p lication m ust b e m ade at least 30 d ays p rior to 

the date su ch leave is to b e c o m e e ffe ctiv e . T h e co m p a n y 

m ust b e n o tifie d at least 30 days p rior to the date o f the 

e m p lo y e e ’ s in ten d ed resu m p tion o f active em p lo y m e n t.

Maternity leave could extend to adopted children, could 

be renewed, or could be lengthened or shortened to 

coincide with the school year:

(1 2 2 ) A m atern ity leave shall b e granted u p on a 

p h ysician ’ s certifica tion o f p regn an cy. F o r each case o f 

m atern ity, an e m p lo y e e shall b e requ ired to take a leave 

o f absence w ith o u t p a y , co m m e n cin g n o t later than th e 

end o f the 6th m on th o f p regn an cy. Su ch leave shall n o t 

ex ce e d 18 m on th s fo r any o n e case o f m atern ity.

A w om a n e m p lo y e e w h o a d op ts a ch ild m ay b e granted a 

leave w ith o u t pay fo r up to 18 m on th s.

(2 6 ) A s s o o n as any e m p lo y e e w h o is a m arried w om a n 

shall b e c o m e aw are o f her p regn an cy, she shall n o tify the 

su perin ten den t im m ed iately and shall ap p ly fo r and 

receive a leave o f absen ce w ith o u t pay to b e effe ctiv e 

beginn ing n o t later than the en d o f th e 5 th m on th o f 

p regn ancy and exten d in g fo r a p e rio d o f 1 year fr o m the 

date o f birth . U p o n a p p lica tion o f th e e m p lo y e e , an 

e x ten sion o f su ch leave m ay b e granted fo r a p eriod n o t 

e x ce e d 2 years. A n e m p lo y e e o n m atern ity leave w h o m ay 

desire to return to service p rior t o n orm al exp ira tion o f 

her m atern ity leave m ay su bm it a w ritten request fo r the 

con sid eration o f the S u p erin ten d en t, requesting su ch an 

earlier term in a tion date. Su ch a request is to b e accom p a n ied b y a su pp ortin g statem en t fr o m her physician 

in dicatin g that th e individu al is p h ysically able to resum e 

her regular duties. In an y case, w h ere a m atern ity leave 

has been granted, the e m p lo y e e shall n o t ify the Superin ten d en t in w ritin g at least 1 m o n th p rior t o term in ation 

o f su ch leave, o f her in te n tio n to retu rn , resign o r to 

ap p ly fo r an e x ten sion o f th e leave. In the case o f a 

teach er, the S u perin ten den t is a u th orized to adjust the 

date o f return fr o m su ch a leave to c o in c id e w ith the 

begin n in g o f a s c h o o l term , o r w ith the best interest o f 

the pupils at the tim e. In an y case, w h ere a su bsequ ent 

pregn an cy occu rs b e fo r e the ex p ira tion o f eith er the 

original leave or the o p tio n a l e x te n sio n o f su ch leave, the 

e m p lo y e e is t o a p p ly fo r a new m atern ity leave w ith o u t 

pay as p rovid ed in these regulations. S u ch privileges shall 

b e lim ited to o n e ad d ition a l ap p lica tion .

A leave o f absence w ith ou t p ay m ay b e granted to 

care fo r an a d o p te d child as fo llo w s : i f the ch ild ad op ted 

is less than 1 year o ld at the tim e o f a d o p tio n , said leave 

shall n o t e x c e e d 2 years; oth erw ise su ch leave shall n o t 

e x c e e d 1 year. U p o n a p p lica tion o f th e e m p lo y e e , an

ex ten sion o f su ch leave m ay be granted fo r a p e rio d n o t 

to e x c e e d 1 year. In th e case o f a teach er, th e S u perin ten d en t is a u th orized to adjust the date o f return from 

such leave to c o in c id e w ith th e begin n in g o f a s c h o o l 

term . In all cases w h ere a leave to care fo r an a d o p te d 

ch ild has been granted, e m p lo y e e s shall n o tify the 

S u perin ten den t in w ritin g, at least 1 m o n th p rior to 

term in a tion o f su ch leave, o f their in ten tion to return, 

resign o r to ap p ly fo r an e x ten sion o f leave.

Education. O f all the types analyzed, leave for education was the least prevalent. (See table 25.) As a rule, the 

proposed program had to be job related, beneficial to 

the city, and approved by relatively high levels o f the 

agency or city hierarchy. The maximum length o f 

absence was at times left vague:

(6 7 ) Perm anent fu ll-tim e e m p lo y e e s shall b e eligible to 

receive a leave o f absence w h ich d o e s n o t e x c e e d 1 full 

year fo r the p u rpose o f fu rthering e d u ca tio n . Su ch 

e d u ca tion a l leaves sh ou ld b e d eterm in ed u p o n r e c o m ­

m en d a tion o f th e D epartm en t H ead and w ith the approval 

o f th e D ivision D irector.

(3 ) A leave o f absen ce w ith o r w ith o u t p ay m ay be 

ob ta in ed as an ed u cation al leave su bject to the approval 

o f th e F ire C om m ission er and w ritten approval o f the 

C ity M anager i f such is fo r the p u rp ose o f acqu irin g 

ed u ca tion a l training w h ich w ill increase th e e ffic ie n c y and 

usefulness o f th e e m p lo y e e to th e F ire D ep artm en t.

Some contracts stipulated that seniority would not 

accrue during absence, or that salary progress would 

continue as though the employee had remained on the 

payroll:

(1 2 3 ) A leave o f absen ce w ith o u t pay o f up to 2 years 

d u ration m ay b e granted to an y teach er u p on ap p lica tion 

fo r the p u rp ose o f engaging in fu ll-tim e stu d y at an 

a ccred ited college o r un iversity w h ich is related to his 

p rofession a l respon sibilities. U p o n return fro m such leave, 

a teach er w h o shall have su ccessfu lly c o m p le te d the w ork 

fo r w h ich the leave is given shall b e p laced at the sam e 

p o sitio n o n th e salary sch edu le as h e w o u ld have b e e n had 

h e taught in th e system during su ch a p e rio d .

(1 2 4 ) L eaves o f absen ce w ith o u t pay m ay b e granted 

fo r reason able p eriod s fo r the purposes listed b e l o w . . . .

Training related t o an e m p lo y e e ’ s regular duties in an 

ap p rov ed ed u ca tion a l in stitu tion (sen iority shall n ot 

accru e during p eriod o f leave).

Contracts also might set reasons for refusal, protect the 

employee’s retirement program, and permit part-time 

employment during absence:

(1 2 5 ) Leaves o f absence w ith o u t pay shall b e granted 

u p on a p p lication fo r the fo llo w in g purposes:

a. S tu d y related to the s c h o o l secretary’ s license field ;

b . S tu d y t o m eet eligibility requirem ents fo r a license 

o th er than that h eld b y the sc h o o l secretary. . .

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T h e B oard w ill re com m en d to the T each ers’ R etirem en t 

B oard the granting o f retirem ent cred it fo r the duration 

o f the aforesaid leaves.

“ Urgent needs” o f the s c h o o l to w h ich the sch o o l 

secretary is assigned m ay b e asserted b y the B oard as 

ju stify in g a tem porary denial o f any ap p lication fo r leave 

w ith o u t pay.

S ch o o l secretaries on m atern ity leave and sc h o o l 

secretaries on leave o f absence w ith o u t p ay fo r study and 

related profession al exp erien ce shall b e p erm itted to 

p erform per diem sc h o o l secretarial service.

Short-term absences could be paid for, but approval 

might shift to a higher level o f authority as the duration 

o f the leave increased:

(1 2 6 ) T he S u p erin ten d en t, o r his designee, m ay grant 

perm ission to teachers to atten d ed u cation al m eetings 

w ith ou t loss o f pay, bu t perm ission to be absent fro m any 

assignm ent fo r m ore than 10 days (n o t necessarily 

con secu tive) in any 1 year is granted o n ly b y the B oard o f 

E d u cation u p on the recom m en d a tion o f the 

Superin ten den t, or his designee. A record o f the 

con d ition s o f such perm ission is k ep t o n file in the O ffice 

o f the E xecu tive D irector fo r P erson n el Services.

Miscellaneous leave provisions. City agreements 

contained a number o f provisions which were not 

tabulated separately, for example, leaves o f less than 1 

day for voting or donating blood:

(1 2 7 ) G en era lly, an e m p lo y e e w ill b e allow ed su fficien t 

o fficia l tim e o f f to allow 3 h ou rs either after polls o p e n or 

b e fo re th ey close fo r registering o r votin g. U nder unusual 

circu m stan ces, an e m p lo y e e can b e ex cu sed up to a fu ll 

day.

(1 2 8 ) A dm inistrative leave, n o t to e x ce e d 4 h ou rs, w ill 

be granted to e m p lo y e e s cov ered b y this agreem ent fo r 

the pu rpose o f d on a tin g b lo o d at th e R e d Cross B lo o d 

Bank.

Leaves also were granted for military funerals:

(1 2 9 ) P erm anent fu ll-tim e em p lo y e s shall b e allow ed to 

atten d m ilitary funerals o f veterans w ith ou t loss o f pay 

w h en a request fo r th e leave is m ade b y a p rop er veterans’ 

organ ization that the service o f su ch o ffic e r or e m p lo y e e 

is d esired fo r the p ro p e r c o n d u c t o f a m ilitary funeral.

Finally, extended leave could be granted for Peace Corps 

duty:

(1 3 0 ) E m p loy ees m ay b e granted leave w ith o u t pay fo r 

Peace C orp s service. S u ch leave is fo r 1 year and m ay be 

e x ten d ed n o t to e x ce e d 2 years.

A p rob a tion a ry e m p lo y e e returning fr o m the Peace C orps 

retains the p eriod o f p rob a tion a ry service achieved prior 

to his entry in to the service. E m p lo y e e s o n P eace C orps 

leave are given the b e n e fit o f any in crem en ts w h ich w o u ld

have b een cred ited to them had they rem ained in active 

service w ith the D istrict.

T im e spent o n Peace C orp s leave m ay n o t b e cou n ted as 

active years o f e m p lo y m e n t in the d eterm in ation o f 

retirem ent elig ib ility , bu t it w ill co u n t as accredited 

service in the d eterm in ation o f the retirem ent allow ance 

p rov id ed con trib u tion s based on his salary rate at the 

begin n in g o f his P eace C orp s leave are paid to the Pension 

F u n d b y the e m p lo y e e .

E m p lo y e e s are cred ited w ith regular sick leave allow an ce 

during their p eriod o f Peace C orps service.

Grievance and arbitration procedures

Negotiated grievance procedures in the city agreements studied were common, but not nearly as 

widespread as in private industry, where 99 percent o f 

the agreements referred to the handling o f employee 

complaints.9 O f the city contracts studied, 87 percent 

referred to a negotiated grievance procedure or to a 

negotiated system in conjunction with an agency 

procedure. (See table 26.)

Scope o f the grievance procedure. Although a grievance 

may be defined as any employee complaint relating to 

his job, not all agreements were as unrestricted in 

establishing what grievances could be taken through the 

system. In fact, only 87 percent o f the agreements 

containing a procedure attempted to define admissable 

complaints. (See table 27.) These were about evenly 

divided between those which permitted any and all 

matters to be grieved and those which limited use o f the 

negotiated procedure to complaints involving the 

interpretation and application o f the contract. Each 

category excluded certain issues from the grievance 

procedure.

Provisions with no restrictions on the scope o f the 

procedure typically consisted o f brief definitional 

statements, opening the procedure, for example, to “ any 

grievance” or to “ all differences and grievances” :

(1 3 1 ) “ E very civilian e m p lo y e e o f the P olice D epartm ent shall have the right to present fo r con sid eration any 

grievance w h ich he m ay have as to an y m atter affectin g 

his relation sh ip to the D ep artm en t. . . . ”

(1 3 2 ) F or the p u rpose o f facilitating the p eacefu l 

adju stm en t o f d ifferen ces that m ay arise fro m tim e to 

tim e and p ro m o te h a rm on y and e fficie n cy to the end that 

the a u th ority , its em p lo y e e s and the general p u b lic m ay 

m utually b e n e fit, the au th ority and the un ion agree to

9 See M a jo r C ollective Bargaining A g r e e m e n ts: G rievance

P rocedures (B L S Bull. 1 4 2 5 -1 ,1 9 6 4 ), table l , p . 2.

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m eet and deal w ith each oth er th rou gh their d u ly 

a ccred ited representatives o n all d ifferen ces and 

grievances, in clu d in g the in terpretation o f this agreem ent. . .

The amount o f detailed language, on the other hand, 

varied widely from clauses which limited the negotiated 

procedure to complaints over the interpretation and 

application o f the contract. Such provisions, for 

example, could be concise statements:

(6 ) A n y e m p lo y e e claim ing a b reach o f any provision 

o f this agreem ent shall refer th e m atter to his supervisor 

w ith in 5 w ork in g days o f the date u p on w h ich th e alleged 

v iolation occu rre d . T h e e m p lo y e e m ay b e accom p a n ied 

b y a u n ion representative in an y discu ssion fo llo w in g such 

referen ce to the supervisor.

(6 3 ) O n ly m atters involving the q u estion w h eth er the 

m u nicipal e m p lo y e r is com p ly in g w ith the express 

provision s o f this agreem ent shall con stitu te grievances 

under this article.

On the other hand, they could evolve into lengthy 

declarations which have legalistic language, and which 

include complaints over rules and regulations o f the city 

and agency, but exclude disputes over specific issues and 

certain other rules and regulations which had the force 

o f law, i.e., policy rather than personnel matters:

(5 6 ) T he term grievance shall m ean a real o r claim ed 

v iola tion , m isinterpretation o r in eq u itable a p p lication o f 

the rules, p roced u res, regulations, adm inistrative orders or 

w o rk rules o f the city , the D ep artm en t o f P u blic S afety o r 

the P olice Bureau, w h ich relate to o r involve e m p lo y e e 

health or safety, ph ysical facilities, m aterials or 

eq u ip m en t fu rn ished to e m p lo y e e s or supervision o f 

e m p lo y e e s; p rov id ed , h ow ever, that su ch term s shall n o t 

in clu d e any m atter in volving rates o f com p en sa tion , 

retirem ent b en efits, changes in the p ublish ed rules and 

regulations or established p roced u res o f the c ity , the 

D epartm ent o f P u blic S afety o r the P olice Bureau, o r any 

m atter w h ich is oth erw ise review able pursuant to law or 

any rule or regulation having the fo r c e an d e ffe c t o f law .

An agreement could provide a more liberal scope for 

union than for employee grievances:

(7 3 ) A u n ion grievance is a d iffe re n ce b etw een the 

e m p lo y e r and the u n ion con cern in g (1 ) w ork in g 

co n d itio n s or (2 ) the in terpretation o r ap p lica tion o f any 

p rovision o f this agreem ent and m ay b e processed d irectly 

t o S tep 2 o f the grievance p roced u re.

A n y e m p lo y e e grievance is a d iffe re n ce betw een the 

e m p lo y e r and any e m p lo y e e con cern in g the interpretation 

o r a p p lica tion o f any provision s o f this agreem en t.

Exclusions from the grievance procedure. Seventy-two 

agreements specifically excluded certain matters from 

the negotiated grievance procedure. These exclusions 

were as likely to be located in sections dealing with the 

subject matter as in the grievance clause itself.

Complaints over activities which were the responsibility o f civil service commissions or other legally 

established boards were excluded most frequently. 

Agency regulations or city ordinances would have to be 

changed to make these matters subject to collective 

bargaining or the negotiated grievance system:

(9 2 ) A n y m atter w h ich is su bject to the ju risd iction o f 

the C ivil Service C om m ission or an y R etirem en t B oard 

established b y law shall n o t be a su bject o f grievance or 

arbitration h ereu nder.

Provisions also could exclude from grievance appeals any 

actions taken under State law, matters subject to special 

review under agency or State rules, and issues over which 

the agency had no jurisdiction:

(1 0 7 ) A grievance is d efin ed to be an issue con cern in g 

th e in terpretation o r a p p lication o f p rovision s o f this 

agreem ent o r com p lia n ce th erew ith , p ro v id e d , h ow ever, 

that it shall n o t b e d eem ed to ap p ly to an y o rd e r, a ctio n , 

o r d irective o f th e Superintendent or o f a n y on e acting o n 

his b e h a lf, or to any action o f the B oard w h ich relates or 

pertains to their respective duties or ob liga tion s under the 

provision s o f the State Statutes.

(1 3 3 ) . . . e x c e p t that the term grievance shall n ot 

a p p ly to an y m atter as to w h ich (1 ) a m eth od o f review is 

prescribed b y law , o r b y an y rule o r regulation o f the 

State C om m ission er o f E d u cation having the fo r c e and 

e ffe c t o f law , or b y an y b y-la w o f the B oard o f E d u cation 

o r (2 ) the B oard o f E d u ca tion is w ith o u t au th ority to act.

Union participation. Although most agreements allow 

an employee to process his own grievance, the employee 

organization ordinarily serves as his spokesman. 

Thirty-five percent o f the agreements required notice to 

the employee organization o f any grievance submitted to 

the city. (See table 27.) Commonly, this action occurred 

following the informal first step, after which the formal 

procedure started:

(1 3 4 ) I f an in form al d iscu ssion w ith his im m ediate 

supervisor can n ot settle a grievan ce, the aggrieved party 

shall present w ritten n o tifica tio n o f the grievance w ith a 

request fo r a form al c o n fe re n ce . A c o p y o f the letter shall 

b e sent to the grievance c o m m itte e [ o f the a s s o c ia tio n ].

Ordinarily, the employee organization would step in at 

this point to represent the aggrieved employee, if it had 

not already been called in for the informal discussion. 

When entering the dispute, the employee organization 

typically would investigate the complaint, and in its 

discretion would determine whether to carry it further 

in the formal grievance procedure:

(1 3 5 ) T o initiate this grievance p roced u re, an aggrieved 

o ffic e r shall ora lly con su lt w ith his im m ed iate supervisor 

in ord er to attem p t to settle the grievance. I f the 

grievance has n o t b e e n resolv ed , the o ffic e r shall, w ithin 2

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days, redu ce his grievance to w ritin g and shall receive a 

w ritten answ er fro m his im m ed iate supervisor w ithin 2 

days thereafter. <

I f the aggrieved o ffic e r is n o t satisfied w ith the w ritten 

d eterm in ation o f the grievance, he shall then con su lt w ith 

the F O P w h o shall investigate th e grievance.

I f after investigation the F O P con siders th e grievance to 

be a ju st o n e , the F O P shall su bm it the grievance to the 

aggrieved o ffic e r ’ s D ivision C om m a n d er w ith in 3 days o f 

receip t o f the supervisor’ s w ritten report.

Procedural steps and time limits. Beyond the informal 

first step, the grievance typically is carried through 

successively higher levels o f appeal which coincide 

with levels o f supervision. The number o f steps 

obviously depends on the complexity o f the organization. These steps each involve a review o f the written 

statement o f the complaint, a meeting o f supervisors, 

employee and union, and finally, a written disposition o f 

the grievance, by the appropriate supervisor for the step. 

In this manner, a written record supplements oral 

presentations. Continued dissatisfaction with the dispositions results in the movement o f appeal to the next 

higher step.

To expedite grievances, time limits often are placed 

on various appeals and responses o f aggrieved employees, 

their representatives, and city management. The 

employee, for example, must initiate the grievance 

within a given time following the occurrence o f which the 

employee wishes to complain. Supervision must respond 

within specific time limits, and then the employee 

organization must appeal, if dissatisfied with the 

response, to the next higher level under still another 

time limit:

(1 3 6 ) I f the fin din g o r resolu tion o f a grievance at any 

step o f the p roced u re is n o t appealed w ith in the 

p rescribed tim e, said grievance w ill b e con sid ered settled 

o n the basis o f the last answ er p rov id ed , and th e je shall be 

n o fu rther appeal o r review . S h ou ld th e e m p lo y e r n o t 

respon d w ithin the prescribed tim e, the grievance w ill 

p ro ce e d to the n ext step.

These limits may vary; management may have fewer 

days to respond than the employee organization has to 

appeal, especially in the lower steps o f the procedure. 

Provisions may require prompter action in the lower, 

than in the upper steps o f the procedure.

In some cases, steps could be by-passed to facilitate 

settlement:

(1 3 7 ) T h e steps in the p roced u re set fo rth herein shall 

be fo llo w e d unless it is m u tu ally agreed b y the 

appropriate supervisor an d the grievant that the grievance 

sh ou ld be started at S tep 3 o r S tep 4 . . .

In others, steps could be bypassed, time limits extended, 

or personnel processing the grievance expanded to 

provide a flexible procedure tailored to particular 

complaints:

(7 0 ) M atters relevant to grievance proced u res . . .

(b ) T h e tim e lim its in the p roced u re m ay b e e x ten d ed b y 

m utual agreem en t, in w ritin g.

(c ) A n y step o f the grievance p roced u re m ay b e byp assed

b y m utual agreem en t, in w riting . . . *

(e ) In the case o f a g ro u p , p o lic y o r organ ization typ e 

grievan ce, the grievance m ay b e su bm itted d irectly to 

th e d epartm en t head b y the u n ion .

(1 ) A n y tim e lim its stipu lated in th e grievance 

p roced u re m ay b e e x ten d ed fo r stated p eriod s o f tim e b y 

the ap p rop riate parties b y m utual agreem ent in w ritin g.

A grievance hearing o n the interest o f a m a jority o f 

th e em p lo y e e s in the bargaining unit shall b e red u ced to 

w ritin g b y the u n ion and m ay b e in trod u ced at S tep 3 o f 

th e grievance p roced u re . . .

A s a m eans o f facilitating settlem ent o f the grievance, 

either p arty m ay in clu d e an ad d ition a l m em ber o n its 

co m m itte e . . .

When all appeals have been exhausted and the employee 

still i s . dissatisfied with management’s response, the 

employee organization may reassess the issue to 

determine further action. If the complaint is to be 

continued, the union could negotiate with city 

management:

(8 0 ) In presenting a grievance, the fo llo w in g successive 

steps m ust be taken un til its s e ttle m e n t. . .

(5 ) T h e grievance w ill be su bject to n eg otia tion 

b e tw e e n the u n ion business agent and the 

B oard o f Street R ailw ay C om m ission er’ s.

This step may be intermediate or final and may lead to

arbitration.

Arbitration. As the final step in the process, 72 percent 

o f agreements in cities compared with 90 percent in 

private industry provided for arbitration. (See table 

28.)10 In the move from grievance to arbitration, the 

scope o f the procedure often is narrowed to issues 

involving interpretation and application o f the contract:

(1 3 8 ) Final and bin din g arbitration m ay b e resorted to 

o n ly w h en issues arise betw een the parties h ereto w ith 

referen ce to the in terpretation , a p p lication o r e n fo rc e ­

m ent o f provision s o f this agreem ent.

10See “ M ajor C ollective Bargaining A greem en ts: A rbitration 

P roced u res” (B L S B ulletin 1 4 2 5 -6 ,1 9 6 6 ), p. 7.

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Provisions may specify a single arbitrator or an 

arbitration board, consisting usually o f equal numbers of 

representatives o f each party who, in turn, select the 

impartial members o f the panel. If the panel or parties 

cannot agree on the arbitrator, they may turn to a 

government agency for a list o f qualified persons from 

whom a final selection is made. Often alternate names 

are struct HI only one person is left:

(139^ . If they cannot agree on a fifth member

j, ;>e first 3 working days after their first meeting,

the:, the [employer] and the union shall jointly apply to 

the [Federal] Mediation and Conciliation Service for a list 

o f at least seven arbitrators. The parties shall alternately 

strike names from such list, the union to strike first, and 

the last remaining name shall be the sole arbitrator. . .

To expedite the decision, time limits likewise are placed 

on the grievance system at various stages o f the 

arbitration process: The initial meeting o f the board, 

hearings, and the arbitrator’s decision.

Most o f the agreements authorizing arbitration 

specified the status o f the arbitrator’s decision. Binding 

arbitration prevailed. Of the 188 contracts containing a 

clear stipulation o f status, 147 established binding 

arbitration:

(26) The decision o f the arbitrator, if made in

accord: nc with his jurisdiction and authority, as defined 

here? '■ Ne accepted as final by the parties to the

dispute and both will abide by it.

As in private sector agreements, the jurisdiction and 

authority o f the arbitrator often was spelled out in some 

detail to protect the agreement from any revision 

resulting from his decision:

(140) The decision o f the arbitrator shall be final and 

binding upon the parties, except that the arbitrator shall 

make no decision which alters, amends, adds to or 

detracts from this agreement, or which recommends any 

right or relief prior to the effective date of this agreement, 

or which modifies or abridges the rights and prerogatives 

of municipal management under Article IV o f this 

agreement.

(108) . . . The arbitrator will follow and be bound by

the rules o f procedure adopted by the American 

Arbitration Association. The arbitrator shall fix a time, 

and a place for a hearing upon reasonable notice to each 

party. After such hearing the arbitrator shall promptly 

render a decision which shall be binding upon both parties 

but the arbitrator shall have no power to render a decision 

which adds to, subtracts from or modifies this agreement; 

the decision shall be confined to the meaning o f the 

contract provision which gave rise to the dispute. ..

Under advisory arbitration, the employer may accept, 

reject, or modify the arbitrator’s decision. Advisory 

arbitration clauses, however, were in the minority in this

study. Usually, they designated the highest authority in 

the agency or the city in whose hands power rested. It 

could be the mayor, agency head, or a designated 

official:

(67) The arbitration panel shall render its decision

based on a majority vote not later than 30 calendar days 

after the conclusion o f the final hearings. Such decision 

shall be reported to the Chief Administrative Officer o f 

the city o f Memphis and to the union and shall be a 

matter o f public record, and shall be advisory to the Chief 

Administrative Officer who is hereby designated by the 

Mayor to render a final binding decision.

In the remaining provisions, the status o f the 

arbitrator’s decision varied with the subject matter. For 

example, in the following illustration, binding arbitration applied to grievances over wages, hours, and 

working conditions and advisory arbitration to 

disciplinary matters:

(141) The specific exceptions noted above are not 

intended to limit the right o f the union to proceed to 

final and binding arbitration in disputes affecting the 

entitlement o f employes to existing and established 

wages, hours, and conditions o f employment as 

specifically set forth and referred to in Schedule “ A” 

attached hereto unless otherwise noted in said 

schedule. . . .

.. . Only the union may request advisory 

arbitration on behalf o f an employe who has been 

disciplined, provided that the action is properly appealable under the provisions of [pertinent] Wisconsin 

Statutes in accordance with the rules and regulations 

promulgated thereunder by the Commission; and 

provided further, that the union shall file with the 

Commission within 3 days following the determination by 

such department head, an appeal in writing requesting 

advisory arbitration. . .

One agreement indicated that arbitration was binding 

on management, if it was in the city’s favor. However, 

the arbitrator’s decision, if not in favor, could be 

overruled by a vote o f the city’s legislative body:

(142) If the decision o f the arbitrator is in favor o f the 

employer, the same shall be final.

The employer shall abide by the decision o f the 

arbitrator unless by a majority vote o f all members o f the 

Board o f Commissioners, the decision o f the arbitrator 

shall be rejected.

The arbitrator’s decision usually had to be submitted 

in writing. Over 90 percent o f the arbitration clauses also 

called for equal sharing o f arbitration costs. However, 

costs generated by one party often were paid by that 

party:

(143> Arbitration proceedings may be initiated by 

either party within 15 days o f the written disposition of

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such grievance by the D ep u ty M ayor fo r L abor 

N egotiation s. The d ecision o f such arbitrator shall b e in 

w riting and bin din g u p on the parties h ereto.

. . . A ll expen ses w h ich m ay be in volved in the 

arbitration proceedin gs shall be b o rn e b y the parties 

equ ally. H ow ever, expen ses relating to th e calling o f 

w itnesses o r the obtain in g o f d ep osition s o r any oth er 

similar expen se associated w ith such p roceed in gs shall be 

b orn e by the party at w h ose request su ch w itnesses or 

d ep osition s are required.

(8 5 ) E ach party shall bear the expen ses and fees o f the 

m em ber a p p oin ted b y it and its ow n expen ses in volved in 

the m atter. A ll oth er expen ses incurred b y the B oard 

in clu din g the m aking o f a re co rd , as the B oard deem s it 

necessary, shall be b o rn e equ ally b y the parties. T h e 

reim bursem en t o f w ages fo r em p loy ees called as 

w itnesses, w h ere a loss o f w ages had been incurred b y said 

e m p lo y e e , shall be paid b y the party calling su ch w itness.

Disciplinary procedures. Although disciplinary procedures commonly are spelled out in civil service or 

personnel manuals, they also were referred to in almost 

40 percent o f the agreements studied. (See table 29.) In 

many cases, the contract referred only to existing 

procedures, in effect, and incorporated such procedures 

into the contract. In the following illustration the only 

addition, would appear to be a statement that 

reprimands would be made in private:

(1 3 6 ) D isciplin ary a ctio n , disch arge, red u ction in pay 

o r p o sitio n or suspension fo r m ore than 30 days shall b e 

govern ed b y the R ules o f the B oard o f Fire 

C om m ission ers and the Civil Service C om m ission . I f the 

E m p lo y e r has reason to reprim and an e m p lo y e e it shall be 

d o n e in a m anner that w ill n o t em barrass the em p lo y e e 

b e fo re oth er e m p loy ees o r the p u b lic.

Some contracts defined the union role in disciplinary 

cases. In some, the union was notified o f any planned 

disciplinary actions. The union or association was 

permitted to participate in the procedure, often 

informally for lack o f any further contracted definition 

o f the employee organization’s role, to protect the rights 

o f the disciplined employee:

(2 5 ) A p erson against w h o m disciplin ary a ctio n is 

p ro p o se d shall b e served w ith a w ritten c o p y o f the 

charges preferred against h im and shall have 10 days to 

answer in w riting. A c o p y o f the charges shall also be 

served u p on the U n ion . T h e answ er shall b e served u p on 

the D epartm ent H ead. Failure to serve a w ritten answ er 

w ith in the tim e p eriod p rov id ed fo r herein shall be 

d eem ed adm ission o f the charges.

More frequently, disciplined employees had recourse 

to the negotiated grievance procedure. (See table 29.)

(1 0 7 ) A n y e m p lo y e e w h o is redu ced in status, 

su spen ded fo r m ore than 15 days, rem oved , or discharged

m ay, w ithin 5 w ork in g days after receip t o f n o tice o f such 

a ctio n , file a grievance as to the ju st cause o f the 

discharge, su spen sion, o r d iscip lin e im posed u p on 

him . . . .

In the following illustration, disciplinary cases first 

would go through normal review procedures, and then 

additionally might undergo advisory arbitration under a 

contractually established grievance panel:

(1 4 4 ) It is the p o licy o f the B oard that the discharge o f 

an e m p lo y e e sh ou ld b e based o n g o o d and su fficien t 

reason and that such action sh ou ld b e taken b y the 

supervisor having su ch a u th ority o n ly after he has given 

due con sid eration to the m atter.

I f a per annum o r per m o n th ly e m p lo y e e w ith 

m ore than three m on th s o f c o n tin u o u s service is 

disch arged, or if an hourly employee with more than the

equivalent of one school term of continuous service is

discharged he shall, u p o n his requ est, be given a w ritten 

n o tice o f discharge an d a statem en t o f the general reasons 

fo r such a ctio n . Such e m p lo y e e w ill also, u p o n his 

requ est, b e a ffo r d e d an o p p o rtu n ity fo r a p ro m p t and 

carefu l review o f the discharge in a ccord a n ce w ith the 

p rovision s o f review p roced u res p rescribed b y th e B oard 

o f E d u cation .

T h e D ischarge R eview P roced u re shall in clu d e, as 

a fu rth er step, a provision fo r “ ad visory arbitration ” b y 

the G rievance Panel established under A rticle X II o f this 

agreem ent. T he recom m en d a tion o f the Panel shall be 

transm itted b y th e chairm an to the Superin ten den t o f 

S ch o o ls. W ithin 10 s c h o o l d ays after the date the 

recom m en d a tion is received b y the Su perin ten den t o f 

S ch o o ls, he shall indicate w h eth er he w ill a ccep t the 

Panel’ s reco m m e n d a tio n . Unless the Su perin ten den t o f 

S ch o o ls disapproves the recom m en d a tion w ith in 10 

sc h o o l days after the date it is received b y h im , the 

recom m en d a tion shall be d eem ed to b e his d ecision .

A few clauses also provided for speedy review o f 

disciplinary actions. Steps o f the grievance procedure 

could be by-passed by permitting the case to go directly 

to binding arbitration:

(5 1 ) E m p loy ees m ay elect to have their d isciplinary 

d isposition arbitrated. . . . A n e m p lo y e e dissatisfied w ith 

the d isciplinary d ecision o f the o ffic e r issuing such order 

and w h o signifies alon g w ith his bargaining agent a desire 

to have his d iscip lin e arbitrated w ith in 5 d ays after he 

receives the d ecision o f the o ffic e r issuing su ch ord er and 

he d oes n ot appeal to the Civil Service C om m ission w ith in 

the tim e lim its set forth in the C ity C harter, he shall have 

the d ecision o f the o ffic e r issuing su ch ord er, arbitrated.

T he arbitrator shall have the au th ority to a ffirm , d isaffirm 

or m o d ify the d ecision o f the o ffic e r issuing such order.

T he arbitrator’ s d ecision shall b e fin al and bin din g o n all 

parties.

Some o f the agreements provided that in discharge 

cases an employee could elect either to file a grievance

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through the negotiated grievance procedure or utilize 

pre-existing civil service or agency procedures:

(1 4 5 ) T h e e m p lo y e r shall n ot discharge any em p lo y e e 

w ith ou t ju st cause. In any case in volving disch arge, the 

e m p lo y e e m ay con test the disch arge and m ay elect to use 

the grievance p roced u re a n d /o r the Civil Service 

p roced u re.

No-strike provisions. As collective bargaining has 

expanded, so have contract pledges not to resort to 

strikes or similar actions during the term o f the 

agreement. Although most jurisdictions either explicitly 

or implicitly prohibit work stoppages, such clauses 

usually, are included as tradeoffs for an operating, viable 

grievance and arbitration procedure that permits city 

employees to initiate and carry their complaints through 

several levels o f appeal to final resolution. O f the 

agreements studied, nearly two-thirds contained nostrike provisions:

Agreements Workers

All agreem ents..................................... 286 613,490

Having no-strike provisions ............. 190 463,195

No reference to no-strike provisions . 96 150,295

Some clauses strictly enjoined the signatory employee 

organization from engaging in any activities which might 

result in a stoppage:

(1 4 6 ) T h e association shall neither cause n o r cou n sel 

its m em bers, o r an y o f th em , to strike fo r an y reason 

during the term o f this A g reem en t, n or shall it in an y 

m anner cause th em d irectly or in d irectly to co m m it any 

c o n ce rte d acts o f w o rk stop p a g e, slow d o w n , or refusal to 

p e rfo rm any cu stom a rily assigned duties fo r the m unicipal 

e m p lo y e r , n a m ely, the city , fo r any reason during the 

term o f this agreem en t.

Under the following provision, the employee 

organization additionally acknowledged that it had no 

right to strike, would disavow any stoppage that might 

occur, and would work to bring about its termination:

(1 4 7 ) T here shall b e n o strike o r lo c k o u t du rin g the 

term o f this agreem en t. T h e u n ion recogn izes that it d oes 

n o t have the right t o strike against the A u th o rity or to 

assist o r participate in an y such strike o r im p ose a d u ty or 

o b lig a tio n to c o n d u c t, assist, o r participate in any such 

strike.

N o e m p lo y e e covered b y this agreem ent shall 

engage in, in d u ce or en cou ra ge an y strike, w o rk stop p age, 

slo w d o w n , o r w ith h old in g o f service. T h e u n ion agrees 

that n either it n or an y o f its o ffice r s o r agents w ill call, 

instigate, au th orize, participate in , san ction or ratify any 

su ch strike, w o rk stop p age, s lo w d o w n o r w ith h old in g o f 

services.

S h ou ld an y e m p lo y e e o r g rou p o f em p loy ees 

cov ered b y this agreem en t engage in an y strike, w o rk

stopp age, slo w d o w n or w ith h old in g o f services, the U n ion 

shall forth w ith disavow any su ch strike, w o rk stop p a g e, 

slo w d o w n or w ith h old in g o f services and shall refuse to 

recog n ize any picket line established in c o n n e ctio n 

h erew ith . F u rth erm ore, at the request o f th e A u th o rity 

the un ion shall take all reasonable m eans to in d u ce such 

e m p lo y e e o r g rou p o f e m p lo y e e s to term inate the strike, 

w o rk stop p a ge, slo w d o w n o r w ith h old in g o f services and 

to return to w o rk forth w ith .

Although not permitting a strike among city employees, 

the following clause allowed municipal employees to 

refuse to cross the picket line established by other 

unions:

(1 4 8 ) T h ere w ill b e n o strike, refusal to w o r k , 

s lo w d o w n , sit dow n o r pick etin g b y the u n ion or 

m em bers, o r lo c k o u t o n the part o f the e m p lo y e r during 

the term o f the agreem en t, p ro v id e d , h o w ever, that a 

m em ber o f the un ion m ay refuse to enter u p o n the 

prem ises o f an y o th er e m p lo y e r, i f the e m p lo y e e s o f such 

e m p lo y e r are engaged in a strike ratified o r a p p roved b y a 

representative o f such e m p lo y e e s w h o m su ch oth er 

e m p lo y e r is required to recogn ize pursuant to an 

a p p licab le State law or the L abor M anagem ent R elation s 

A ct o f 1 9 4 7 , as a m en d ed .

Official tim e fo r grievances and negotiations. O f the 286 

agreements, 177 or 62 percent provided official time for 

grievance preparation or hearings, or contract 

negotiations. (See table 30.) In 28 percent o f the 

agreements, employees or their representatives were 

allowed paid time to prepare for grievance meetings, and 

in 44 percent, they were allowed official time to engage 

in hearings or otherwise process the grievance. The first 

illustration allows time for both the employee and 

employee organization representative. The other two 

refer only to employee representatives. All require 

notification to city management or its prior approval:

(1 1 5 ) A n e m p lo y e e and his stew ard o r oth er 

representative shall be a llow ed tim e o f f fro m regular 

duties w ith pay fo r atten d an ce at sch ed u led m eetings 

un der the grievance p roced u re w ith p rop er n o tific a tio n to 

their respective supervisors.

(1 4 9 ) U p on w ritten a p p lica tion b y the president o f the 

P rincipals C lu b to the district su perin ten den t in v olv ed , a 

C lu b representative m ay be a llow ed reason able tim e 

during s c h o o l hou rs to investigate grievances o f principals.

(1 5 0 ) R eason able tim e necessary to p rocess grievances 

w ill be granted to the P resident, First V ice President, 

S e co n d V ice P residen t, Secretary-T reasurer, Business 

A gen t and Station R ep resen tative u p on the sp e cific 

approval b y the A ssistant C h ie f o r C h ief.

The last two illustrations also referred to “ reasonable” time to prepare or process grievances. In some

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instances, the amount o f time permitted was specified; 

thus, time o ff was limited:

(151) C hapter chairm en shall be a llow ed tim e per w eek 

as fo llo w s fo r investigation o f grievances and fo r oth er 

appropriate activities relating to the adm in istration o f the 

agreem ent and to the duties o f their o ffic e :

(1 ) In the elem entary sch o o ls, three addition al 

preparation periods e ffe ctiv e S ep tem ber 1969 

and fou r ad d ition a l preparation p eriod s e ffective S ep tem ber 1 9 7 0 :

(2 ) In the ju n io r high sch o o ls, and in the high 

sch o o ls, relief fro m h o m e r o o m or officia l 

class.

(8 0 ) C ertified execu tive b o a rd m em bers o f the un ion ,

n o t to ex ce e d o n e fo r each term inal, w ill each b e allow ed 

a m axim u m o f 2 0 hou rs p ay per w eek to fu lly 

com p en sate them fo r tim e con su m ed in settlem ent o f 

grievances, assisting term inal p ick s o f runs and o f f days, 

atten din g d epartm en t safety m eetin gs, atten din g m eetings 

w ith representatives o f the d ep a rtm en t, w h eth er sam e b e 

called b y e m p lo y e r o r the u n ion , assisting in th e U n ited 

F ou n d a tion T o rch D rive, and o th e r such co m m u n ity w id e 

drives, and fo r engaging in an y activities bearin g u p on 

lab or relations w ith the D epartm en t o f Street R ailw ays. 

Monthly or annual time allowances for grievances also 

could be expressed:

(8 4 ) T he h ospital w ill pay the straight tim e regular rate 

fo r au th orized tim e actu ally spent b y u n ion representative 

em p lo y e e s o f the h ospital engaged in handling grievances 

during their regular w ork in g hou rs n o t to e x ce e d in total 

the first o n e hu ndred tw en ty (1 2 0 ) hou rs per m on th so 

spent fo r all stew ards o r m em bers o f the grievance 

com m ittee co m b in e d . T h e h ospital shall n o t b e required 

to pay fo r any tim e spent b y u n ion representative hospital 

e m p loy ees in c o n n e ctio n w ith arbitration p roceed in gs.

(1 5 2 ) G rievance c o m m itte e m em bers w ill b e p erm itted 

to leave their w o rk w ith o u t loss o f p ay to the exten t o f 

4 ,1 6 0 total hours fo r the p u rpose o f handling grievances 

ab ove the level o f sen ior au to repair forem a n , and the 

handling o f o th e r u n ion -d ep artm en t business.

A few contracts provided that time lost in processing 

or adjusting grievances would not be compensable, but 

employees would be excused from duty for such 

activities:

(1 5 3 ) A n y e m p lo y e e w h o has in v o k e d the grievance 

p roced u re herein b e fo re set fo r th w ill, u p o n a p p lication 

to his su perior, b e e x cu sed fr o m d u ty fo r th e pu rpose o f 

atten din g a sch ed u led co n fe re n ce o r hearing th ereon ; and 

such e m p lo y e e w ill also b e e x cu sed fr o m d u ty fo r the 

purpose o f con ferrin g w ith U n ion o fficia ls in regard to 

such grievance w h ere it is sh o w n t o the satisfaction o f his 

su perior that it is im practicab le fo r su ch co n fe re n ce to b e 

held w hile o f f d u ty , b u t every reasonable e ffo r t shall be 

m ade b y U n ion o fficia ls to h o ld su ch con fe re n ce s during 

n o n -d u ty p eriods.

E m p loy ees ex cu sed from d u ty io r the above 

p u rposes shall n ot receive pay fo r the tim e o f f .

Other provisions stated that time spent processing 

grievances or at the grievance hearing would not be paid:

(1 3 8 ) A ll parties agree to b e b o u n d b y the follo w in g 

subparagraphs . . . T hat all grievances e x ce p t em ergen cies 

in volvin g the im m ediate safety o f the e m p lo y e e are to be 

p rocessed o n the e m p lo y e e ’ s tim e.

(1 5 4 ) A ll grievance hearings shall b e held ou tsid e o f the 

n orm al w ork in g hou rs o f the grievant or grievants 

in volved so as n ot to in terfere w ith their w ork in g 

respon sibilities. A representative o f the A ssocia tion m ay 

a cco m p a n y and represent the grievant at all steps o f the 

grievance p roced ure.

More than 34 percent o f the agreements authorized 

negotiations on the employer’s time. (See table 30.) 

Clauses o f this type varied from simple statements that 

compensation would be allowed for “ reasonable” time 

spent while negotiating with the city to provisions which 

limited the amount o f paid time permitted:

(1 5 5 ) E m p lo y e e s shall b e com p en sated fo r reasonable 

tim e spent aw ay fr o m w o rk w h ile representing the U n ion 

in the arbitration o f a grievance or w h ile negotiatin g a 

c o n tra ct w ith the C ity o f B oston .

(1 2 2 ) T h e u n ion shall advise the B oard o f the nam es o f 

its n egotiators. T h e u n ion shall b e allow ed a total o f n o t 

to e x ce e d 16 h ou rs o f e m p lo y e e ’ s base salary fo r tim e 

spent in n eg otiation s during the regular w ork in g hou rs 

during the life o f this agreem en t. T h e u n ion shall 

d eterm in e th e a lloca tion o f th e h ou rs am on g the 

m em bersh ip during the n egotiation s.

Negotiation impasse procedures and related matters

Negotiations involve the city management and the 

employee organization in joint discussions and operate 

within the constraints o f the city’s laws, administrative 

rules, and budget. The purpose o f such negotiations is to 

reach agreement on wages and working conditions 

without resorting to strikes. Verbal agreements may be 

involved or a unilateral promulgation o f the executive or 

legislative branches may result in which the role o f the 

union is not clearly identified. However, a written 

contract similar to those in the private sector also may 

culminate.

For negotiations, the employee organization usually 

assembles several members into a committee to meet 

with management. In addition to the organization’s 

principal officers, it ordinarily may contain several 

stewards or specially elected members. In almost 15 

percent o f the agreements studied, a provision governed 

such negotiating committees:

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A g r e e m e n t s W o r k e r s

All agreements....................................... 286 613,490

Referring to negotiating

committees .................................... 42 73,427

No reference to negotiating

committees .................................... 244 540,063

The preceding tabulation clearly understates the

extent of negotiating committees since they exist in all

cases where an agreement has been reached.

Provisions usually specified the size of negotiating

committees and the regulations granting time off, with

or without pay, in negotiations:

(87) The Employer agrees to recognize a Negotiating

Committee of seven employees from the plant who will

be released from work (unless an emergency exists) with

pay for negotiating sessions between the Union and the

Employer to a maximum of 12 sessions.

Negotiation pay for each session will amount to pay

for one shift at the employee’s regular straight-time

hourly rated pay, including shift differential, if any. Shift

paid for and not worked shall count as hours worked for

computing overtime.

A shift man scheduled for the night or evening shift

shall be excused with pay from his shift.

In city negotiations as in the private sector, collective

bargaining may become prolonged. To avoid undue

delays, negotiators in the private sector always have the

expiration date of the existing agreement as a motivation

to complete bargaining. The “no contract, no work”

incentive, however, is constrained in many cities by law.

For this and other reasons dictated perhaps by budget

deadlines, the parties occasionally have written deadlines

and even negotiating schedules into current contracts:

(156) Conferences and negotiations shall be carried on

by the parties hereto as follows:

Step 1. Submission of Association’s demands to

the city by February 1.

Step 2. Submission of city’s demands (within 6

weeks) by March 15.

Step 3. Negotiating meetings shall commence

(within 4 weeks) by April 15.

Step 4. Mediation, if any, begins by July 15.

Step 5. Factfinding, if any, begins by August 1.

Step 6. Recommendations of the factfinder

to be issued by October 15.

If the parties reach an impasse, they at times may

resort to the following third party procedures in

overcom ing obstacles: factfinding, mediation, and

arbitration. One or a combination of these procedures

was specifically referred to in 62, or 22 percent, of the

agreements studied. (See table 31.) Over half of the 62

agreements provided for at least two of these

procedures. Mediation was found most frequently,

followed by factfinding and then arbitration. The low,

overall prevalence cannot be construed to mean that few

cities have impasse procedures, since in many cases they

are established on an ad hoc basis. For example, the

parties may request a prominent citizen or group of

citizens to enter the dispute as fact-finders or mediators,

and, in rare instances, as arbitrators.

The amount of detail on impasse procedures written

into the agreement may vary. The first illustration refers

to mediation. The second provision has considerable

detail on the make-up and responsibilities of the

fact-finding committee. The third clause has given

somewhat less detail on the arbitration board to be

established in the event of impasse, size and composition

of the board, final and binding authority, and

prohibition against strike or lockout:

(157) With respect to the status of this memorandum

of understanding during negotiations and after termination thereof, the parties recognize joint responsibility and

agree to provide continuing service to the end that

educational processes and the work of the departments in

the bargaining unit be not interrupted. If, during the

course of negotiations, an impasse appears likely, every

effort shall be made fey them to resolve the dispute. In

accomplishing this purpose, joint request for mediation

services may be made.

(134) If the parties fail to reach agreement by

November 15 of each year on any matters which are the

subject of negotiations, either party shall have the right to

refer such matters to a factfinding committee of not more

than three impartial persons to be selected by mutual

agreement. In the event the parties are unable to agree

upon persons to act as factfinders within 10 days after the

initiating party has notified the other of its decision to

submit the disputed matters to factfinding, the factfinders, upon request of either party shall be designated

by the Board of Education Employment Relations Board.

The costs, if any, of such factfinding, shall be borne

equally by both parties.

The factfinding committee shall immediately, upon its

appointment, meet with the parties and endeavor to help

the parties reach a mutually satisfactory agreement. If no

such agreement is reached, the factfinding committee

shall submit to the parties its report with recommendations at least 1 week prior to the last scheduled meeting

of the Board in December. The committee may withhold

any publication of its report if it believes that such

withholding will aid in the settlement of a dispute.

However, in such report either party shall have the right

to publish the report in the event no agreement is reached

10 days after its receipt. Notwithstanding the reference to

November 15, in the foregoing, any matters may be

submitted to a factfinder or factfinders at any time by

mutual consent of the parties. In that event, the other

provisions of this Article shall apply.

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(1 5 3 ) In the ease o f any labor d ispu te w here collective 

bargaining d o e s n ot result in agreem ent after all 

reasonable e ffo rts to agree in g o o d faith, the same be 

su bm itted at the w ritten request o f either p:u-> to a 

b oa rd o f arbitration c o m p o se d o f three persons as 

hereinafter p rov id ed , on e to be ch osen 1 v th>' V u 'h - 'r v 

on e to be ch osen b y the U n ion , and the tw o thus selected 

to select a third disinterested arbitrator; the findings o f 

the m ajority o f said b oa rd o f arbitration shall be final and 

bin din g o n the parties th e re to ; all con tra ct con d ition s 

shall rem ain un distu rbed and there shall be n o lo ck o u ts, 

strikes, w alk ou ts or in terferen ce w ith o r interru ption o f 

service during the arbitration p roceed in gs.

Savings Clauses. Once the agreement is ratified and

signed, conditions are set for the duration of the

contract—unless a clause subsequently is declared invalid

or illegal. To permit the rest of the agreement to remain

iii.t in t ; n e a t !> • v ! f i * • *’ • *s

'merits sunbed, covering 329.420 employees, in-

;.*>?poruicd a sa\mgs clause into the contract. These

provisions provided that invalid clauses would not harm

’lie • •! confuKt hot. instead, i-»V he renegotiated:

(1 0 4 ) If any article o r section o f this agreem ent or any 

a d d iii >n th ereto sh ou ld b e held invalid b y op era tion o f 

law o r b y an y tribunal o f co m p e te n t ju risdiction , o r if 

com p lia n ce w ith or en fo rce m e n t o f any article or section 

sh ou ld be restrained b y such tribunal, the rem ainder o f 

this agreem ent and addenda shall n ot be a ffected th ereby, 

and the parties shall enter in to im m ediate collective 

bargaining n egotiation s fo r the pu rpose o f arriving at a 

m utually satisfa ctory replacem ent fo r such article or 

section .

Table 7. Union security, dues checkoff, and management rights provisions in municipal agreements in cities with 

populations of 250,000 and over, by region, 19701

Region All agreements Union security

Dues checkoff

Total Management rights

With reimbursement

of costs to the city

Agreements WorkersAgreements WorkersAgreements Workers

Agreements Workers

Agreements Workers

Total ............................. 286 613,490 92 103,276 220 538,410 19 18,785 169 249,180

New England........................ 24 22.630 21 22,001 21 20,001 21 1 7,716

Middle A tlan tic................... 71 342,800 13 15,946 55 304,652 4 7,050 22 54,246

East North Central ............ 82 137,849 32 53,379 71 134,366 7 3,685 72 101,191

West North C entral............ 7 6,750 1 650 6 4,050 5 3,650

South Atlantic ................... 24 48,612 2 2,550 20 38,612 1 350 20 37,262

East South Central ............ 20 8,690 10 981 20 8,690 1 100 9 7,635

West South C entral............ 3 3,960 1 60 2 760 1 60

Mountain ............................ 13 10,478 2 178 8 8,828 5 7,350 4 8,100

Pacific................................... 42 31,721 10 7,531 17 18,451 1 250 15 19,320

1 See table 1, footnote 1. NOTE: Data are nonadditive.

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Table 8. Union security, dues checkoff, and management rights provisions in municipal agreements in cities with 

populations of 250,000 and over, by occupational group and government activity, 19701

Occupational group and

government activity

All agreements Union security

Dues checkoff

Total

With reimbursement

of costs to city

Manac

rig

jement

ihts

Agreements Workers

Agreements WorkersAgreements Workers

Agreements Workers

Agreements Workers

O C C U P A TIO N A L G RO UP

Total .......................... 286 613,490 92 103,276 220 538,410 19 18,785 169 249,180

Blue-collar or manual crafts 119 133,668 48 34,880 91 102,484 10 9,850 73 92,848

Professional or technical .. 68 210,889 14 17,796 54 194,726 4 4,915 34 61,623

C lerical................................. 11 10,850 4 3,600 10 10,250 1 150 7 5,250

Police or f ir e ........................ 46 57,424 9 12,200 32 38,264 1 450 25 22,674

Blue-collar and clerical2 .. 8 5,016 3 3,050 6 3,316 5 3,242

Professional and clerical .. 5 14,200 1 600 4 12,300 3 8,300

Blue-collar and professional 3 2,200 2 1,750 2 1,750 2 1,750

Blue-collar, clerical,

professional, or technical 15 20,170 8 10,700 14 19,270 2 1,420 14 19,070

Occupation not given . . . . 11 159,073 3 18,700 7 156,050 1 2,000 6 34,423

G O V E R N M E N T

A C T IV IT Y

Total .......................... 286 613,490 92 103,276 220 538,410 19 18,785 169 249,180

Police2 ................................. 22 26,674 4 7,100 15 15,174 1 450 12 13,250

F ire ......................................... 25 30,824 5 5,100 18 23,164 13 9,424

Education............................. 79 246,700 9 21,100 63 227,100 6 6,835 33 74,790

Public w elfare...................... 1 350 1 350 1 350

Public works-maintenance

of buildings and roads . . 28 7,884 12 2,931 25 7,419 3 1,600 20 7,198

Sanitation............................. 14 18,080 4 210 12 5,230 7 2,520

Housing au th ority.............. 13 7,092 6 1,100 11 1,992 3 700 9 1,564

Transit systems and

authorities........................ 22 65,441 14 23,691 15 56,991 3 5,500 20 64,410

Port auth orities.................... 3 629 1 29 2 179 1 29

Turnpike and tollbridge

authorities........................ 1 100 1 100 1 100 1 100

Public utilities: water,

electric, gas ..................... 11 2,266 2 175 6 1,921 3 375

Recreation facilities .......... 2 650 2 650 1 550

Public health: hospitals

and clinics ........................ 19 7,946 10 2,516 15 6,316 18 7,858

Libraries............................... 9 5,136 4 584 6 2,284 2 1,700 5 2,870

Legislative, judicial, and

administrative activities . 7 8,131 3 140 4 6,640 4 6,640

City wide activities.............. 30 185,587 17 38,500 24 182,900 1 2,000 21 57,252

1 See table 1, footnote 1. N O T E : Data are nonadditive.

2 Includes one police agreement covering civilian, blue-collar,

and clerical employees.

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Table 9. Types of union security provisions in municipal agreements in cities with populations of 250,000 and

over, by city size, 1970

Provisions All agreements

City size1

1,000,000 and over 500,000-999,999 250,000-499,999

Agreements Workers Agreements Workers Agreements Workers Agreements Workers

T o ta l........................................ ,286 613,490 69 386,277 129 156,552 88 70,661

Total with union security ............ 92 103,276 28 54,790 37 36,508 27 11,978

Union shop ............................... 23 15,500 3 10,950 8 3,878 12 672

Modified union s h o p .............. 10 8,810 6 6,150 - - 4 2,660

Agency shop ............................. 39 59,147 8 29,350 21 22,001 10 7,796

Maintenance of membership . 20 19,819 11 8,340 8 10,629 1 850

No reference to union security .. 194 510,214 41 331,487 92 120,044 61 58,683

1 City size is based on the 1970 Census of Population, U.S.

Department of Commerce, Bureau of the Census. Tables cover

all cities of 250,00 0 inhabitants or more which had written

agreements and which made these agreements available.

Table 10. Antidiscrim ination provisions in municipal 

agreements in cities with populations of 250,000 and 

over by region, 1970 1

Region

All agreements

Having an antidiscrimination provision

Agreements Workers

Agreements Workers

Total ................. 286 613,490 183 335,312

New England.............. 24 22,630 24 22,630

Middle A tlan tic.......... 71 342,800 46 135,156

East North Central . . 82 137,849 44 101,175

West North Central . . 7 6,750 5 3,400

South Atlantic .......... 24 48,612 18 35,562

East South Central . . 20 8,690 19 8,616

West South Central . . 3 3,960 2 3,900

Mountain ................... 13 10,478 11 9,928

Pacific.......................... 42 31,721 14 14,945

1 See table 1, footnote 1.

Table 11. Selected provisions governing activities of employee organizations in municipal agreements in cities with 

populations of 250,000 and over, by city size, 1970

City Size1

Provisions All agreements 1,000,000 and over 500,000-999,999 250,000-499,999

Agreements Workers Agreements Workers Agreements Workers Agreements Workers

T o ta l........................................ 286 613,490 69 386,277 129 156,552 88 70,661

Meetings on company time

or premises.................................... 58 220,153 19 134,715 30 63,938 9 21,500

Bulletin boards ............................... 155 332,619 34 162,655 82 128,814 39 41,150

Visitation rights...............................

Rights and duties of employee

organization personnel

105 225,838 25 89,975 54 102,694 26 33,169

Representative.......................... 70 124,541 19 50,000 25 43,005 26 31,536

Stew ard...................................... 68 74,593 17 22,080 28 36,026 23 16,487

1 City size is based on the 1970 Census of Population, U.S. agreements and which made these agreements available.

Department of Commerce, Bureau of the Census. Tables cover NOTE: Data are nonadditive. Agreements may have more

all cities of 250,000 inhabitants or more which had written than one provision.

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Table 12. Labor-management committees in municipal agreements in cities with populations of 250,000 and over,

by city size, 1970

Committees A ll agreements

City size1

1,000,000 and over 500,000-999,999 250,000-499,999

Agreement Workers Agreements Workers Agreements Workers Agreements Workers

Total . ................. .. ................. 286 613,490 69 386,277 129 156,552 88 70,661

Joint conference (consultation,

cooperation)................................. 55 119,680 20 73,615 23 25,355 12 20,710

Safety ................................................ 33 38,840 5 7,490 22 23,900 6 7,450

Apprenticeship tra in in g ................ 11 18,331 4 9,850 6 8,450 1 31

Professional issues.......................... 17 94,100 5 66,100 8 19,800 4 8,200

Industrial relations issues.............. 15 54,250 5 33,200 5 12,200 5 8,850

1 C ity size is based upon the 1 97 0 Census of P op ulatio n, U.S. agreements and w hich made these agreements available.

D ep artm ent o f C om m erce, Bureau o f th e Census. Tables cover N O T E : D ata are nonadditive,

all cities o f 2 5 0 ,0 0 0 inhabitants or m ore w hich had w ritte n

Table 13. Promotion and demotion procedures in 

municipal agreements in cities w ith populations of 

250,000 and over, 19701

Procedures Agreements Workers

T o ta l.................................... 286 613,490

Promotion procedures specified . . . 151 352,423

Rules governing job p o s tin g ............

Rate of pay for temporary transfers

118 313,572

stipulated ........................................ 93 114,531

Flutes governing d e m o tio n s .............. 36 46,205

Demotion in lieu of layoff specified 23 30,031

1 See table 1, fo o tn o te 1.

N O T E : Data are no nadditive.

Table 14. Selected reduction-in-force procedures in municipal agreements in cities w ith populations of 250,000 

and over, by city size, 1970

City size1

Procedures A ll agreements 1,000,000 and over 500,000-999,999 250,000-499,999

Agreement Workers Agreements Workers Agreements Workers Agreements Workers

T o ta l........................................ 286 613,490 69 386,277 129 156,552 88 70,661

Advance notice of la y o ff.............. 34 28,648 10 8,780 20 15,777 4 4,091

Role of employee organization 

in R IF ............................................. 11 10,480 4 2,330 6 8,000 1 150

Bumping procedures ...................... 34 39,150 13 15,330 8 14,100 13 9,720

Recall rig hts ...................................... 79 114,099 19 49,480 29 43,867 31 20,752

1 C ity size is based on the 1 9 7 0 Census o f Population, U.S. agreements and w hich made these agreements available.

D epartm ent o f C om m erce, Bureau o f the Census. Tables cover N O T E : Data are nonadditive

all cities o f 2 5 0 ,0 0 0 in habitants or m ore w hich had w ritte n

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Table 15. Miscellaneous job security provisions in

municipal agreements in cities with populations of

250,000 and over, 19701

Provisions Agreements Workers

T o ta l.................................... 286 613,490

Training and retraining...................... 30 154,464

Subcontracting provisions .................

Advance notice of technological

8 14,924

change ............................................... 3 2,329

Attrition arrangements........................ 1 450

^ e e table 1, footnote 1.

NOTE: Data are nonadditive.

Table 16. Hours and overtime provisions in municipal agreements in cities with populations of 250,000 and over, 

by city size, 1970

Provisions All agreements

City size1

1,000,000 and over 500,000-999,999 250,000-499,999

Agreements Workers Agreements Workers Agreements Workers Agreements Workers

T o ta l........................................ 286 • 613,490 69 386,277 129 156,552 88 70,661

Provisions governing:

Scheduled daily or weekly

hours ...................................... 186 480,723 48 323,805 90 114,123 48 42,795

Daily overtim e.......................... 110 108,934 27 47,090 54 40,151 29 21,693

Weekly overtime ...................... 107 223,023 24 163,305 56 42,193 27 17,525

Equal distribution of

overtim e.................................. 77 89,371 14 24,850 33 48,913 30 15,608

Right to refuse overtime .... 47 64,457 8 8,350 26 45,801 13 10,306

Compensatory time or

overtime p ay .......................... 10 14,281 9 14,235 1 46

Compensatory time banned .. 52 190,903 18 164,355 26 19,263 8 7,285

^ i t y size is based on the 1970 Census of Population, U.S.

Department of Commerce, Bureau of the Census. Tables cover

all cities of 250,000 inhabitants or more which had w ritten

agreements and which made these agreements available.

NOTE: Data are nonadditive. Agreements may contain more

than one overtime provision.

Table 17. Premium pay for weekend and holiday w ork in municipal agreements in cities with populations of 

250,000 and over, by city size, 1970

Provision All agreements

City size1

1,000,000 and over 500,000-9 99,999 250,000-499,999

Agreements Workers Agreements Workers Agreements Workers Agreements Workers

T o ta l......................................... 286 613,490 69 386,277 129 156,552 88 70,661

Premium pay provision for:

Saturday/Sunday...................... 51 47,662 7 17,300 32 22,351 12 8,011

Sixth and seventh d a y ............ 31 52,576 15 33,240 10 12,185 6 7,151

Holidays .................................... 128 274,456 29 182,805 62 65,196 37 26,455

1 City size is based on the 1970 Census of Population, U.S. agreements and which made these agreements available.

Department of Commerce, Bureau of the Census. Tables cover NOTE: Data are nonadditive,

all cities of 250,000 inhabitants or more which had written

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Table 18. Wage adjustment provisions in municipal agreements in cities with populations of 250,000 and

over, by contract duration, 19701

Contract duration All agreements

Wage adjustment provisions

Deferred wage

increase Escalator clause

Provision for area

wage survey

Contract

reopeners2

Agreements WorkersAgreements Workers

Agreements WorkersAgreements Workers

Agreements Workers

Total .......................... 286 613,490 148 334,016 49 62,686 13 18,320 68 226,806

Less than 12 m onths.......... 20 23,514 4 2,350 1 9,000 1 9,000 4 14,100

12 months............................. 64 106,112 15 55,230 5 1,942 3 4,150 14 47,750

13 through 23 months . . . 25 25,212 11 12,110 1 1,100 1 350 7 8,996

24 months............................. 78 139,329 56 105,647 22 22,199 2 1,920 22 23,275

25 through 35 months . .. 29 55,740 15 32,880 6 6,800 2 2,150 8 4,775

3 6 months............................ 53 239,448 43 115,649 14 21,645 3 550 11 126,060

More than 36 months .... 5 5,450 2 2,550 1 200 1 700

Duration undetermined . .. 12 18,685 2 7,600 1 1,150

! See table 1, footnote 1. N O TE: Data are nonadditive. Agreements may contain more

2 Includes 11 contracts covering 16,459 workers, which than one provision,

permit reopening the contract on nonwage matters only.

Table 19. Wage adjustment and contract reopener provisions in municipal agreements in cities with populations of 

250,000 and over, by city size, 1970

Provisions All agreements

City size1

1,000,000 and over 500,000-999,999 250,000-499,999

Agreements Workers Agreements Workers Agreements Workers Agreements Workers

T o ta l........................................ 286 613,490 69 386,277 129 156,552 88 70,661

Deferred wage increase ................. 148 334,016 47 219,095 69 88,848 32 26,073

Escalator clause............................... 49 62,686 10 25,050 25 26,680 14 10,956

Provision for area wage survey . .. 13 18,320 7 11,900 3 750 3 5,670

Contract reopeners2 ...................... 68 226,806 20 168,430 27 37,305 21 21,071

1 City size is based on the 1970 Census of Population, U.S.

Department of Commerce, Bureau of the Census. Tables cover

all cities of 250,000 inhabitants or more which had written

agreements and which made these agreements available.

2 Includes all provisions, covering 16,459 workers, which

reopen the contract for non wage matters only.

NOTE: Data are nonadditive. Agreements may have more

than one provision.

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Table 20. Role of employee organization in job classification in municipal agreements in cities with populations

of 250,000 and over by occupation, 1970 1

Employee organization role

in job classification

All agreements

Occupational group

Blue-collar

and manual crafts

Professional or

technical Clerical

Police or

fire

Agreements WorkersAgreements WorkersAgreements Workers

Agreements WorkersAgreements Workers

Total .......................... 286 613,490 119 133,668 68 210,889 11 10,850 46 57,424

Referring to job classification

and reclassification.......... 64 67,374 24 25,334 14 4,364 2 1,600 6 5,260

Unilateral management determination .......................... 48 44,556 18 11,762 12 4,118 1 100 6 5,260

Organizations right to

appeal ........................ 29 35,068 14 9,684 6 3,360

No reference to appeal

rig h t............................. 19 9,488 4 2,078 6 758 1 100 6 5,260

Union participation............ 16 22,818 6 13,572 2 246 1 1,500

No reference to job classification

and reclassification.......... 222 546,116 95 108,334 54 206,525 9 9,250 40 52,164

Blue collar, cleriBlue-collar Professional Blue-collar and cal, professional Occupation

and clerical and clerical professional and technical not jiven

Agree­ Agree­ Agree­ Agree­ Agreements Workers ments Workers ments Workers ments Workers ments Workers

Total .......................... 8 5,016 5 14,200 3 2,200 15 20,170 11 159,073

Referring to job classification

and reclassification.......... 5 1,266 1 1,200 1 1,400 8 8,250 3 18,700

Unilateral management determination .......................... 5 1,266 1 1,200 3 3,850 2 17,000

Organizations right to

appeal ........................ 4 1,174 3 3,850 2 17,000

No reference to appeal

rig h t............................. 1 92 1 1,200

Union participation...................... 1 1,400 5 4,400 1 1,700

No reference to job classification

and reclassification.......... 3 3,750 4 13,000 2 800 7 11,920 8 140,373

*See table 1, footnote 1.

Table 21. Travel time pay, mileage allowance, and special clothing allowance or maintenance in municipal agreements in cities with populations of 250,000 and over, by occupation, 19701

Pay allowance for

Occupation All agreements Travel time Mileage

Clothing allowance or

maintenance

Agreements Workers Agreements Workers Agreements Workers Agreements Workers

T o ta l......................................... 286 613,490 16 64,331 71 309,354 111 213,613

Blue-collar or manual crafts......... 119 133,668 9 51,981 20 24,889 50 104,213

Professional and technical............ 68 210,889 3 7,100 20 93,673 8 29,148

Clerical ............................................. 11 10,850 2 950 1 700

Police and f i r e ................................. 46 57,424 2 3,400 10 23,000 35 50,410

Blue-collar and clerical................... 8 5,016 1 650 1 92 5 2,192

Professional and clerical................. 5 14,200 1 1,200 1 6,500 1 600

Blue-collar and professional.......... 3 2,200 2 1,750 1 450

Blue-collar, clerical, professional

and technical ............................... 15 20,170 9 13,650 7 6,650

Occupation not given...................... 11 159,073 6 144,850 3 19,250

l See table 1, footnote 1.

NOTE: Data are nonadditive.

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Table 22. Selected payments for time not worked in municipal agreements in cities with populations of 250,000

and over, by occupational group, 19701

Selected payments All agreements

Occupational group

Blue-collar or

manual crafts

Professional

or technical Clerical Police or fire

Agreements WorkersAgreements Workers

Agreements Workers

Agreements Workers

Agreements Workers

Total .......................... 286 613,490 119 133,668 68 210,889 11 10,850 46 57,424

Funeral leave........................ 173 282,570 72 92,579 39 94,308 6 4,400 24 20,624

Jury duty or court witness 166 300,405 77 85,342 39 126,122 5 4,800 18 18,174

Sick leave ............................. 221 544,595 91 111,942 56 189,020 6 5,850 30 42,824

Rest periods ........................ 53 65,958 26 15,243 11 13,115 2 5,650 1 700

Paid meal periods .............. 15 19,748 7 10,424 1 4,500 5 3,074

Wash-up/clean-up.............. 27 35,287 19 21,367 4 2,870 1 550

Call-in/callback................... 116 254^542 49 45,847 14 4,342 3 1,300 21 17,860

Reporting p a y ..................... 48 49,003 30 22,538 6 3,442 1 100 1 1,200

Military service-reserve

d u ty .................................... 113 211,567 42 26,542 35 119,558 4 4,900 12 8,724

Blue-collar, cleriBlue-collar Professional Blue-collar cal, professional, Occupation

and clerical and clerical and professional or technical not given

Agree­ Agree­ Agree­ Agree­ Agreements Workers ments Workers ments Workers ments Workers ments Workers

Total .......................... 8 5,016 5 14,200 3 2,200 15 20,170 11 159,073

Funeral leave........................ 6 3,316 4 12,300 3 2,200 13 16,520 6 36,323

Jury duty or court witness 4 1,174 3 11,700 2 1,750 13 16,720 5 34,623

Sick leave ............................. 7 4,016 5 14,200 3 2,200 15 20,170 8 154,373

Rest periods ........................ 1 350 1 1,200 2 1,750 6 8,650 3 19,300

Paid meal periods .............. 2 1,750

Wash-up/clean-up.............. 2 2,500 1 8,000

Call-in/callback................... 2 1,350 3 8,300 2 1,750 14 19,420 8 154,373

Reporting p a y ..................... 1 650 1 1,200 5 7,450 3 12,423

Military service-reserve

d u ty .................................... 3 1,700 4 12,300 10 14,520 3 23,323

‘ See table 1, footnote 1. N O TE: Data are

than one p ro visio n .

nonadditive. Agreements may have more

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w ■ •; - i

Table 23. Maximum paid vacation in municipal agreements in cities with populations of 250.00C am

size, 1970

Maximum vacation allowed

City size1

A ll agreements 1 ,0 0 0 , 0 0 0 and over 500,000-999,999 250,003 99 999

Agreements Workers Agreements Workers Agreements | Workers Agree me • kers

T o ta l........................................ 286 613,490 69 386,277

?

129 I 156,552 88 ; 0,661

Agreements with vacation

98 I provisions...................................... 2 0 1 399,594 53 281,255 85 368 50 32,971

Maximum vacation provisions

sp e cifie d ................................. 160 244,867 44 142,705 79 77,397 37 24,765

O iaippUc^ 7 39,250 5 37,950 2 1,300 . .

0-1 /O i/wppU'C 1 1 0 0 1 1 0 0 ■ 3 3:

Z 1 / Z WcC !\o • .........................

3 weeks ............................... 17 8,893 8 3,340 7 5,450 2 10 3

T -1 /0 lAfPP 5 1,960 2 1 1 0 3 11850

4 w e e k s ............................... 50 75,029 1 2 2 2 , 0 0 0 27 43,934 1 1 9,045

A . 1 /0 \A/ppk«; 3 1,993 2 93 1 1,900 •-T 1 / 4. VVCC IXO -

5 weeks ............................... 67 112,497 1 2 75,650 37 26,330 18 10,517

5 - 1 / 2 w e e k s ........................ 5 1,780 2 400 1 30 2 1,350

6 w e e k s ............................... 5 3,365 5 3,365 i '

Maximum cannot be

d e term in e d ............................. 41 154,727 9 138,550 19 7,971 13 8,206

No reference to v a c a tio n .............. 85 213,896 16 105,022 31 71,184 38 37,690

1 C ity size is based on the 1 97 0 Census of Pop ulatio n, U.S. agreements and w hich made these nc a m e n ts available.

D ep artm en t of Com m erce, Bureau o f the Census. Tables cover 2 Includes one agreem ent covering 8 0 0 p a rt-tim e school

all cities o f 2 5 0 ,0 0 0 inhabitants or m ore w hich had w ritte n crossing guards w ho receive 7 da'

Table 24. Number of paid holidays in municipal agreements in cities with populations of 250,000 and ove^ by 

region, 19701

Number of paid 

holidays

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

Agreements w ith paid 

h o lid a y s .............................

Less than 5 d a y s .........

5 days .............................

6 days2 ..........................

6 days plus 1 or more

half days ...................

7 days .............................

7 days plus 1 or more

half days ...................

8 days .....................

8 days plus 1 or more

half days ...................

9 days .............................

9 days plus 1 or more

half days ...................

1 0 d a y s ..........................

1 0 days plus 1 or more

half days ...................

1 1 d a y s ..........................

1 1 days plus 1 or more

half days ...................

1 2 d a y s ..........................

1 2 days plus 1 or more

half days ...................

Regions

A ll agreements New England Middle A tlantic East North Central West North Central

Agree­ Agree­ Agree­ Agree­ Agreements Workers ments Workers ments Workers ments Workers ments Workers

286 613,490 24 22,630 71 342,800 82 137,849 7 6,750

2 0 0 361,303 19 17,116 48 207,392 63 72,897 6 4,050

3 1,040

3,100

9,816

35

9,535

400

34,284

6,035

9,894

1,422

30,382

4,000

180,096

1 1 , 2 0 0

22,577

2 540 1 500

1

g 6 8,766 1 650

1

9

3

1 35

1 2,350

4003

27

6

6 2,450 6 14,810 4 3,000

5 5,635

8,563

1,344

20,357

4,000

1,700

1 400

13

1 1

23

1

35

1

26

8

1 0

4 6,500 1 2

1

14

1

7

151,696

1 1 , 2 0 0 

4,261

2

17 16,566 2 1,750

5 1,050 2 550 1 150

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Table 24. Number of paid holidays in municipal agreements in cities with populations of 250,000 and over, by

region, 19701 —Continued

Number of paid

holidays

All agreements

Regions

New England Middle Atlantic East North Central West North Central

Agreements WorkersAgreements Workers

Agreements Workers

Agreements WorkersAgreements Workers

13 days or more3 . , . 5 13,564 4 13,550 1 14

All recognized holidays 3 4,350 2 4,150

All local holidays .... 1 3,000 1 3,000

Reference to holidays,

no details given .... 17 15,523 6 9,895 4 2,673

No reference to paid

holidays............................. 86 252,187 5 5,514 23 135,408 19 64,952 1 2,700

South Atlantic East South Central West South Central Mountain Pacific

Agree- Agree- Agree­ Agree­ Agreements Workers ments Workers ments Workers ments Workers ments Workers

Total .......................... 24 48,612 20 8,690 3 3,960 13 10,478 42 31,721

Agreements with paid

holidays............................. 14 25,712 13 8,317 7 1,828 30 23,991

Less than 5 d a y s .......... ............

5 days ............................. 1 3,100

6 days2 .......................... 1 150 1 250

6 days plus 1 or more

half days ...................

7 days ............................. 1 350 6 6,735 1 100

7 days plus 1 or more

half days ...................

8 days ............................. 2 4,700 2 143 7 9,181

8 days plus 1 or more

half days ...................

9 days ............................. 3 1,242 2 89

9 days plus 1 or more

half days ............ 1 78

10 days .......................... 1 350 2 1,200 1 450 3 1,525

10 days plus 1 or more

half days ...................

11 days .......................... 4 18,200 4 1,200 11 7,300

11 days plus 1 or more

half days ...................

12 d ay s ..........................

12 days plus 1 or more

half days ................... 2 350

13 days or more3 ....

All recognized holidays 1 200

All local holidays ....

Reference to holidays,

no details given .... 2 670 5 2,285

No reference to paid holidays 10 22,900 7 373 3 3,960 6 8,650 12 7,730

1 See table 1, footnote 1. 3 Includes one agreement covering 1,700 workers, which

2 Includes one agreement covering 4,200 workers, which provides 13 paid holidays in addition to regular school vacations,

provides 6 paid holidays in addition to regular school vacations.

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Table 25. Leave of absence provisions in municipal

agreements in cities with populations of 250,000 and

over, 19701

Provision

All agreements

Agreements Workers

Total ............................................. 286 613,490

Referring to leave of absence ............ 212 538,537

Personal reasons ............................. 109 260,397

Union business ............................... 120 316,632

Education........................................ 85 381,292

Maternity ........................................ 107 417,663

M ilita ry ............................................. 121 226,101

No reference to leave of absence . . . . 74 74,953

1 See table 1, footnote 1.

NOTE: Data are nonadditive. Agreements may contain more

than one leave of absence provision.

Table 26. Negotiated and agency grievance procedures in municipal agreements in cities with populations of 

250,000 and over, by city size, 1970

Grievance procedures All agreements

City size1

1,000,000 and over 500,000-999,999 250,000-499,999

Agreements Workers Agreements Workers Agreements Workers Agreements Workers

T o ta l......................................... 286 613,490 69 386,277 129 156,552 88 70,661

Reference to negotiated or agency

grievance procedure ................... 249 574,157 63 365,507 118 149,499 68 59,151

Negotiated procedure only 216 431,650 60 245,307 98 132,988 58 53,355

Agency established procedure

only ......................................... 1 120,000 1 120,000

Negotiated and agency

established procedure.......... 32 22,507 2 200 20 16,511 10 5,796

No reference to negotiated or

agency procedure........................ 37 39,333 6 20,770 11 7,053 20 11,510

1 City size is based on the 1970 Census of Population, U.S. all cities of 250,000 inhabitants or more which had written

Department of Commerce, Bureau of the Census. Tables cover agreements and which made these agreements available.

Table 27. Negotiated grievance procedures in municipal agreements in cities with populations of 250,000 and over, 

by city size, 1970

City size1

Grievance procedures All agreements 1,000,000 and over 500,000-999,999 250,000-499,999

Agreements Workers Agreements Workers Agreements Workers Agreements Workers

T o ta l........................................ 286 613,490 69 386,277 129 156,552 88 70,661

Reference to negotiated grievance

procedures ....................................

Notice to employee organization

248 454,157 63 245,517 117 149,489 68 59,151

of grievances................................. 101 250,017 31 161,060 40 70,322 30 18,635

Scope of procedure defined.......... 215 408,664 52 228,057 105 133,069 58 47,538

Any and all m atters.................

Interpretation and application

113 301,898 30 186,265 39 82,065 44 33,568

of agreement.......................... 102 106,766 22 41,792 66 51,004 14 13,970

Exclusions from procedure

specified......................................... 72 114,522 14 60,095 56 52,727 2 1,700

*City size is based on the 1970 Census of Population, U.S. agreements and which made these agreements available.

Department of Commerce, Bureau of the Census. Tables cover NOTE: Data are nonadditive,

all cities of 250,000 inhabitants or more which had written

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Table 28. Selected arbitration procedures in municipal agreements in cities with populations of 250,000 and over,

by city size, 1970

Procedures All agreements

City size1

1,000,000 and over 500,000-999,999 250,000-499,999

Agreements Workers Agreements Workers Agreements Workers Agreements Workers

T o ta l......................................... 286 613,490 69 386,277 129 156,552 88 70,661

Reference to arbitration

procedures .................................... 203 402,060 53 239,105 97 122,071 53 40,884

Status of arbitrators decision

specified......................................... 188 384,122 50 226,755 95 120,171 43 37,196

Binding arbitration ................. 147 334,828 48 226,290 59 74,592 40 33,946

Advisory arbitration .............. 32 48,370 2 465 27 44,655 3 3,250

Varies2 ...................................... 9 924 9 924

Cost of arbitration sh ared............ 185 374,160 47 220,055 88 117,971 50 36,134

1 City size is based on the 1970 Census of Population, U.S.

Department of Commerce, Bureau of the Census. Tables cover

all cities of 250,000 inhabitants or more which had written

agreements and which made these agreements available.

2 Includes eight agreements in which the status of the

arbitrator's decision varies with the subject matter, and one

agreement which provides that the decision will be binding if it

favors the employer and advisory if it favors the employee or

union.

NOTE: Data are nonadditive. Agreements may contain more

than one provision.

Table 29. Selected disciplinary procedures in municipal agreements in cities with populations of 250,000 and over, 

by city size, 1970

City size1

Procedures All agreements 1,000,000 and over 500,000-999,999 250,000-499,999

Agreements Workers Agreements Workers Agreements Workers Agreements Workers

T o ta l......................................... 286 613,490 69 386,277 129 156,552 88 70,661

Reference to selected disciplinary

procedures2 .................................. 113 126,052 28 47,390 48 52,700 37 25,962

Union notified of disciplinary a c tio n ............................. 67 64,974 15 24,240 25 26,710 27 14,024

Disciplinary action subject

to grievance procedure .... 89 107,778 27 43,590 42 43,430 20 20,758

No reference to selected disciplinary a c tio n .................................... 173 487,438 41 338,887 81 103,852 51 44,699

*City size is based on the 1970 Census of Population, U.S.

Department of Commerce, Bureau of the Census. Tables cover

all cities of 250,000 inhabitants or more which had written

agreements and which made these agreements available.

2 Data are nonadditive. Agreements may contain both

notification and the right to grieve.

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Table 30. Official time allowances for employee organization business in municipal agreements in cities with 

populations of 250,000 and over, by city size, 1970

City size1

Allowances All agreements 1,000,000 and over 500,000-9 99,999 250,000-499,999

Agreements Workers Agreements Workers Agreements Workers Agreements Workers

T o ta l......................................... 286 613,490 69 386,277 129 156,552 88 70,661

Referring to official time allow*

ances for employee organization

business2 ...................................... 177 334,232 38 162,255 91 120,868 48 51,109

Grievance preparation............ 81 176,703 24 114,155 30 39,884 27 22,664

Grievance hearings................... 125 254,820 31 145,905 65 78,711 29 30,204

Contract negotiations ............ 98 227,737 22 135,825 48 57,021 28 34,891

No reference to official time allowances for employee organization

business ........................................ 109 279,258 31 224,022 38 35,684 40 19,552

1 City size is based on the 1970 Census of Population, U.S. agreements and which made these agreements available.

Department of Commerce, Bureau of the Census. Tables cover 2 Data are nonadditive. Agreements may contain time

all cities of 250,000 inhabitants or more which had written allowances pertaining to more than one area.

Table 31. Negotiation impasse procedures in municipal agreements in cities with populations of 250,000 and 

over, by city size, 1970

Procedures All agreements

City size1

1,000,000 and over 500,000-999,999 250,000-4159)999

Agreements Workers Agreements Workers Agreements Workers Agreements Workers

T o ta l......................................... 286 613,490 69 386,277 129 156,552 88 70,661

Agreements with impasse

procedures .................................... 62 61,284 3 4,260 47 37,809 12 19,215

Factfinding only ...................... 6 7,000 4 3,300 2 3,700

Mediation only ........................ 16 19,400 2 310 8 8,670 6 10,420

Arbitration only ..................... 5 5,570 1 3,950 4 1,620

Factfinding and mediation . .. 30 23,814 27 22,519 3 1,295

Factfinding and arbitration . . 1 3,800 1 3,800

Mediation and arbitration . .. 3 1,100 3 1,100

Factfinding, mediation and

arbitration ............................. 1 600 1 600

No reference to impasse

procedures .................................... 224 552,206 66 382,017 82 118,743 76 51,446

Impasse procedures specified2 . . . 62 61,284 3 4,260 47 37,809 12 19,215

Factfinding ............................... 38 35,214 32 26,419 6 8,795

Mediation ................................. 50 44,914 2 310 39 32,889 9 11,715

Arbitration ............................... 10 11,070 1 3,950 8 3,320 1 3,800

*City size is based on the 1970 Census of Population, U.S.

Department of Commerce, Bureau of the Census. Tables cover

all cities of 250,000 inhabitants or more which had written

agreements and which made these agreements available.

2 Data are nonadditive. Each agreement may have one or

more impasse procedures.

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Chapter 4. Teacher Provisions in Municipal Collective

Bargaining Agreements

Among the agreements in this study were 34 covering

195,000 teachers. In most respects these contracts are

similar to other public employee agreements and they

have been analyzed for all of the provisions discussed so

far. In other respects, however, teacher agreements differ

in that they address themselves to matters of particular

concern to educators, such as academic freedom,

professional behavior, teacher development, evaluations,

etc. Consequently, without reference to prevalence, a

number of provisions pertaining to these aspects of

teaching are cited for illustrative purposes.

Academic freedom. An issue of major importance to

teachers is the protection of academic freedom. Contract

clauses on this subject usually grant the teacher a great

deal of latitude in preparing and presenting subject

material, within the framework of policies established by

the Board of Education:

(1 1 9 ) In o u r representative d e m o c r a c y , in w h ich 

u ltim ate p o w e r is retained b y the p e o p le and exercised 

th rou gh d elega tion o f a u th ority , th e B oard and the 

A ssocia tion a d voca te th e realization o f the fu ll p oten tial 

o f each in dividu al b y reco g n itio n o f and respect fo r his 

d ign ity. It th erefore a llow s that the ed u ca tion o f each 

in dividu al m ust d e v e lo p th e essential fu n dam en tal 

p rocesses an d th ose skills, understandings, and attitudes 

w h ich w ill a ffe c t his h a rm on iou s d evelop m en t as a 

spiritual, in tellectu al, p h ysical, e m o tio n a l, and social 

bein g. It is recog n ized that these d e m o cra tic values can 

best b e tran sm itted in an atm osph ere w h ich is free fr o m 

cen sorsh ip and artificial restraints u p o n free in q u iry and 

learning, and in w h ich a ca d em ic fre e d o m fo r teacher and 

student is en cou ra ged .

A c a d e m ic fr e e d o m shall be guaranteed to 

teach ers, and n o special lim itation s shall b e p laced u p on 

stu d y, investigation , presenting and in terpreting facts and 

ideas con cern in g m an, hu m an s o c ie ty , the ph ysical and 

b io lo g ic a l w o r ld , and oth er bran ch es o f learning, w h ich d o 

n o t c o n flic t w ith the p h ilo s o p h y , u n derlyin g prin ciples, 

o b jectiv es and con ten t o f the cou rses o f stu d y a d o p te d b y 

the B oard o f E d u ca tion .

A few agreements include policy statements adopted

by other organizations concerned with academic

freedom. The following statement is an example:

(9 1 ) W H E R E A S , the B oard and the u n ion su bscribe to

the co n ce p ts o f A ca d e m ic F reed om as expressed b y the 

A A U P as fo llo w s:

(a ) T h e teach er is en titled to fu ll fr e e d o m in 

research and in the p u b lica tion o f th e results, 

su bject to the ad equ ate p erform a n ce o f his o th er 

aca d em ic d u ties; bu t research fo r p ecu n iary return 

sh ou ld be based u p o n an understanding w ith the 

au th orities o f the in stitu tion .

(b ) T h e teacher is en titled t o fr e e d o m in the 

classroom in discussing his su b je ct, b u t he sh ou ld 

b e carefu l n ot to in tro d u ce in to his teaching 

con troversial m atter w h ich has n o relation to his 

su bject.

(c ) T h e college o r university teach er is a citizen , a 

m em ber o f a learned p rofession , an d an o ffic e r o f 

an ed u ca tion a l in stitu tion . W hen he speaks o r 

w rites as a citizen , he sh ou ld b e free fr o m 

institu tion al cen sorsh ip o r d iscip lin e, b u t his 

special p o sitio n in th e co m m u n ity im poses special 

obliga tion s. A s a m an o f learning and an 

ed u cation al o ffic e r , he sh ou ld rem em ber that the 

p u b lic m ay ju d ge his p rofession and his in stitu tion 

b y his u tterances. H en ce he sh ould at all tim es be 

accurate, should exercise appropriate restraint,

sh ou ld sh ow respect fo r the o p in io n o f oth ers, and 

sh ou ld m ake every e ffo r t to in d icate that he is n o t 

an in stitu tion al s p o k e s m a n .. . .

Professional behavior. Occasionally agreements dealt

with professional standards of conduct and the role of

the organization in maintaining them:

(1 5 8 ) A lleged breach es o f profession a l beh a v ior shall 

b e p ro m p tly rep orted to th e o ffe n d in g teach er and to the 

U nit P R & R R epresen tative o f the A sso cia tio n . T h e 

A sso cia tio n shall use every reason able e ffo r t to correct 

breach es o f profession a l b eh avior b y an y teach er.

T h e teacher m ay b e su b ject to disciplin ary a ctio n fo r 

repeated in fra ction s, or failure to p e rfo rm th e duties and 

respon sibilities ou tlin ed in this A greem en t. T each ers are 

en cou ra ged to d isplay exem p la ry co n d u ct as an exam ple 

t o students and to refrain fro m action s w h ich w ill d etract 

fr o m the ap p rop riate im age o f the t e a c h e r .. .

Professional development. Nearly all agreements

provided opportunities for teachers to develop their

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skills and increase subject knowledge. The teachers

themselves often play an important role in establishing

the programs or the criteria for participation. Additional

education, often facilitated by liberal leave policies,

varied experience, or involvement in other training

programs, was a common method of upgrading

professional competence:

(1 5 9 ) 1. T h e B oard shall n egotiate w ith lo ca l area 

colleges fo r an e x ten sion o f in-service training in 

c o o p e ra tio n w ith the colleges w h ereb y such cou rse w o rk 

w ill b e recogn ized fo r purposes o f teacher certifica tion 

and advanced degrees.

2a. A sum o f $ 6 0 0 ,0 0 0 shall b e ap p rop riated fo r 

the sum m er o f 19 69 and a like sum fo r the sum m er o f 

1 9 7 0 fo r teacher fellow sh ips fo r stu d y in accred ited 

colleges and universities, under the criteria hereinafter set 

fo rth . T h e in ten t is to p rovid e a grant o f a sum equ al to 

7 0 p ercen t o f sum m er sc h o o l teachers’ salary. H ow ever, 

since the sum m er s c h o o l sessions at the various sch o o l 

levels are su bstantially d ifferen t in len gth , it is believed 

equ ita ble to establish a fix e d sum to b e paid each teacher 

participatin g in th e program .

2 b . T o allocate these fellow sh ip s e q u ita b ly , the 

Superin ten den t shall in F ebru ary o f each year determ in e 

the ratio o f the total possible participants to the tota l 

n u m b er o f a p p oin ted teachers. T h e n u m b er o f p articipants to be allocated to each s c h o o l shall b e d eterm in ed 

b y ap p lyin g the said ratio to all ap p oin ted teachers o n the 

p a y roll fo r su ch s c h o o l .. .

(1 6 0 ) T h e com m ittee established b y the term s o f the 

S ep tem ber 1, 19 6 9 A g reem en t, “ fo r m e d o f three 

representatives o f the B oard and three representatives o f 

the A ssocia tion to d e v e lo p o n g oin g p roced u res fo r 

P rofessional S ta ff D evelop m en t and sensitivity training, 

and an op tion a l program o f p rofession a l g row th cou rses,” 

shall con tin u e under the term s o f this A greem en t.

Agreements also could provide some form of

sabbatical leave for teachers who wish to attend school

full time. A minimum length of service and promise to

return to work for the school board are common

requirements for eligibility:

(1 6 1 ) Sabbatical leave

P u rp o se- T o p rovid e o p p ortu n ities fo r profession a l 

im p rovem en t, S abbatical leave shall b e available to 

teachers fo r fu ll-tim e program s o f stu d y.

E lig ib ility--A n y teacher w h o has c o m p le te d 5 o r m ore 

years o f service as a m em ber o f th e p rofession a l s ta ff o f 

the C incinn ati P ublic S c h o o ls, exclu sive o f an y years o f 

service c o u n te d fo r obtain in g an y oth er leaves o f ab sen ce, 

and w h o has attained con tin u in g co n tra ct status, m ay b e 

granted a leave o f absen ce in a cco rd a n ce w ith S ection 

3 3 1 9 .1 3 1 , O h io R evised C o d e , to increase his p rofession al 

p reparation th rou gh a fu ll-tim e a p p roved program o f 

stu d y , i f in th e ju d gm en t o f the Sabbatical Leave 

C om m ittee an d the su perintendent su ch leave o f absence

w ill b e in the interests o f the C incinn ati P u blic S ch ools.

T h e m axim u m a m ou n t o f partial pay an e m p lo y e e m ay 

receive w h ile on leave un der the provision s o f this 

paragraph shall n o t e x c e e d eith er,

( 1 ) the d iffe re n ce b e tw e e n th e pay to w h ich the 

e m p lo y e e w o u ld b e en titled if service had b een 

rendered during the p eriod o f leave and the 

m in im u m salary o f a class I teacher (fo rm e rly 

class III), or

(2 ) on e -h a lf o f th e pay to w h ich the e m p lo y e e w o u ld 

b e en titled i f service had been rendered during 

the p eriod o f leave, w h ich ever is less.

In determ in in g th e partial pay during the p eriod o f leave 

and th e salary after return fro m leave, the teacher on 

leave shall b e granted in crem en ts and an y oth er salary 

adju stm en ts as th ou gh service had n o t b e e n interru pted 

p rov id ed the program o f p rofession a l grow th is c o m p le te d 

satisfa ctorily.

A p p lica tio n -A p p lic a t io n s shall be m ade to the 

S abbatical L eave C o m m itte e . T h e applican t shall su bm it 

plans fo r th e use o f the S abbatical leave and shall m eet all 

o th e r requirem ents as establish ed b y the co m m itte e . T he 

co m n ittee shall ask the ap p lican t’ s supervisor a n d /o r 

prin cipal to react to th e p ro p o se d plan o f stu d y.

S elec tio n - T h e associa tion shall a p p oin t three teachers 

to serve w ith tw o adm in istrators o n the Sabbatical Leave 

C om m ittee.

O n e h a lf o f 1 per cen t o f the teachers m ay be granted 

Sabbatical leaves in an y 1 s c h o o l year.

A ll eligible teachers, e x ce p t th ose w ith 25 years or 

m o re o f fu ll-tim e teach in g service in O h io , shall, as a 

c o n d itio n o f approval fo r leave o f absence fo r p rofession al 

g row th , sign a w ritten agreem en t t o return t o service 

im m ed iately fo llo w in g satisfa ctory c o m p le tio n o f the 

program o f p rofession a l g row th w ithin the sp ecified 

p eriod o r to refu n d t o th e B oard n o later than A ugust 20 

n ex t fo llo w in g the sp ecified p eriod o f leave o r any 

ad d ition a l leave, all o f the partial pay received during th e 

p e rio d o f leave. R e fu n d o f p ay received w h ile o n leave 

shall also b e m ade i f th e teacher fails t o co m p le te 

satisfactorily the program o f p rofession a l im p rovem en t in 

a cco rd a n ce w ith the provision s o f S e ctio n 3 3 1 9 .1 3 1 , O h io 

R evised C o d e .

Teacher exchange programs are provided for in a few

agreements:

(1 1 8 ) In an y 1 year, a reason able n u m ber o f teachers, 

as d eterm in ed b y the S u p erin ten d en t, m ay b e exch an ged 

fo r teach ers fr o m som e oth er sch o o l adm in istration 

district in the U n ited States and in a foreign cou n try . 

S uch exch an ge shall b e initially re co m m e n d e d b y the 

S u perin ten den t t o the C o m m ittee on A p p o in tm e n t and 

In stru ction , w h ich shall r e co m m e n d final a ctio n t o the 

B oard .

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In the following illustration, bargaining parties agreed to 

review the student teaching program and compensation 

to supervisors of student teachers:

(162) Current efforts on the part of the State

Superintendent’s office, colleges of education and

professional organizations may result in changes in

certification standards. At such a time, a study committee

composed of representatives from the Alliance and the

District, with consultants from colleges of education, shall

be formed to write further recommendations in the area

of cadet teacher supervision.

The District shall promote a closer working relationship

between cadet supervising teachers and university

faculties.

It is recognized that the training of new members of the

profession is of great valye and importance both to the

District and the profession. It is the obligation of the

profession to work toward and assist in the education of

new members of the profession. Proper compensation for

this work is an important consideration as variations in

cadet supervision continue to evolve. The District shall

not participate in compensation of cadet supervising

teachers, but will continue to explore with institutions

appropriate rates of pay by the institutions.

Teacher evaluation. The procedures used to evaluate 

performance are important to professionals. This 

concern is shown when teachers have negotiated a voice 

in establishing the frequency of evaluation and the 

recourse they will have if a report is unfavorable. As in 

the following example, an evaluation of a probationary 

teacher may be made by another teacher assigned by the 

employee association:

(163) The performance of all teachers shall be

evaluated in writing. Probationary teachers shall be

evaluated at least two times during the school year: No

later than November 1 and December 17. In the event

that a “shall not recommend reelection” evaluation is

received on the December 17 evaluation, the teacher

and/or administrator may request and have conducted an

additional evaluation. Tenure teachers shall be evaluated

at least once every 5 years, and the evaluation report

should be submitted by March 1 of the year of evaluation.

Criteria for evaluation of all teachers shall be clearly

defined.

A copy of the written evaluation shall be submitted to

the teacher at the time of personal conference or within

10 days thereafter; one copy is to be signed and returned

to the Administration, the other is to be retained by the

teacher. In thfe event that the teacher feels that his

evaluation was incomplete or unjust, he may put his

objections in writing and have them attached to the

evaluation report, to be placed in his personnel file with a

copy to the Area Superintendent. In the event the teacher

desires to have further relief from such report he shall

utilize the grievance procedures described elsewhere in

this agreement within 10 days of such report.

Any probationary teacher who shall have received a

second evaluation in the school year which he considers

substantially negative may, upon request, have his

performance evaluated by a tenure teacher assigned by

the Association. This evaluation shall be made using the

same criteria as that which resulted in the original

negative evaluation. The Administration may likewise,

upon request, have such evaluation by a tenure teacher

appointed by the Association in any case in which the

probationary teacher shall have filed an objection or

instituted a grievance procedure with respect to such

second evaluation. In designating such tenure teacher, the

Association shall consult and make arrangements therefor

through the Area Superintendent or his designee. The

tenure teacher shall arrange the times for his absence from

regular duties and the times for personal “in the classroom” observations of the probationary teacher with

their respective principals or other applicable administrator. A person serving as such tenure teacher shall be

given released time to conduct the evaluation but may be

designated in a school year with respect to no more than

three probationary teachers and the time devoted with

respect to any one evaluation shall not exceed an

aggregate of 1/2 day. All such evaluations shall be in

addition to evaluations made by the Administration, shall

be in writing, shall be filed within 10 days of the original

request and shall be furnished the Administration, the

Association and the probationary teacher promptly following their completion.

Examination of material from the teacher’s personnel 

file is usually an integral part of the evaluation process. 

To prevent abuse, the right to inspect and comment on 

material in these files is found in nearly every teacher 

agreement:

(164) Official teacher files in a school shall be

maintained under the following circumstances:

No material derogatory to a teacher’s conduct,

service, character or personality shall be placed in

the file unless the teacher has had an opportunity

to read the material. The teacher shall acknowledge

that he has read such material by affixing his

signature on the actual copy to be filed, with the

understanding that such signature merely signifies

that he read the material to be filed, and does not

necessarily indicate agreement with its content.

The teacher shall have the right to answer any

material filed and his answer shall be attached to

the file copy.

Upon appropriate request by the teacher, he shall

be permitted to examine his file.

Consultation,. As professionals, teachers often are 

consulted on policies which affect them and the children

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they teach. In a number of cases, the teachers’ role has 

been reduced to contract language.

The degree of participation varied from consultation 

before programs are initiated to an active role in 

curriculum planning, textbook selection, and other 

programs of special interest or concern, such as the 

implementation of integrated education.

Usually provisions for consultation are general and 

offer little in the way of procedural rules or other 

details:

(165) The principal shall consult with the building

committee concerning the date of any evening meeting at

which the attendance of employes is required.

Prior to the initiation of experimental programs

into a school, there shall be consultation with the

members of the staff affected by such programs. In case

of unresolved questions, further consultation shall be held

among the District Superintendent, employes and

principal.

A joint committee of the Federation and the

Board shall be established for the purpose of planning the

orientation course which will be offered to all of the

employes. The committee shall present its completed

reports as promptly as possible.

Substitute service shall be provided when: (1) a

Federation representative is absent during working hours

because he has been selected to attend a meeting

scheduled by the Administration and (2) when an

employe is scheduled to attend a meeting sponsored by

the Administration that would require an absence of a

half day or more, except for attendance at the orientation

program, which will be held after the lunch periods

provided for in Section 15 of this Article III.

Provisions which include procedural statements, 

although they vary in degree, are found most frequently 

in clauses pertaining to specific issues or to standing 

committees as the following provisions illustrate:

(166) Article 29-Curriculum guide and textbook evaluation committees.

29-1. On each Curriculum Guide Committee and

Textbook Evaluation Committee, the union shall have 1

representative for every 10 committee members or any

major fraction thereof. Elementary teachers selected by

the union shall have at least 2 years of experience in the

Chicago Public Schools on their certificate and have

competence in the subject area of the committee.

To serve on a high school Curriculum Committee, the

teacher shall have at least 2 years of experience as a

regularly certificated teacher, teaching on his certificate,

such certificate 10 be in the subject area of the

committee.

(167) There shall be a textbook committee in each

subject field. Subject field directors and supervising

directors shall serve as general chairman of the

committees for their respective Helds. Teachers shall have

a significant role in the selection of textbooks and related

educational materials.

Each committee shall consist of qualified teachers

from the committee’s subject field and two representatives from the School Administration. Each committee

shall recommend for approval by the Board basic

textbooks, workbooks, supplementary texts and related

educational materials (transparencies, duplicating masters,

etc.).

Workbooks and other supplementary materials

(progress tests, practices, teachers* manuals, etc.) shah be

listed with basic texts and made available on an

expendable basis.

Each approved list shall include the reading level of all

basic texts and shall be published by course titles

whenever possible for the convenience of teachers.

Teachers shall be free to suggest books and

educational materials for consideration by the committees.

All teachers of the subject field department in each

secondary school shall examine the materials on the

approved list and recommend to the School Administration the selections best suited for the program o f that

school.

All teachers of a grade level or interest group in each

elementary school shall examine the materials on the

approved list and recommend to the School Administration the selections best suited for the program of that

school.. .

Working conditions. School operation and administrative regulations and procedures are of constant 

concern to teachers since they have an important and 

direct bearing on the effectiveness and efficiency with 

which their duties in the classroom are performed.

Teachers are most competent to teach subjects for 

which they have been trained specifically or have had 

adequate experience. Therefore, clauses are common 

that limit assignments to the teacher’s area or areas of 

certification:

(109) Teachers shall be assigned to teach in their area

or areas of State and [city] certification. Even if a teacher

is certified to teach in more than one area of certification

by the State Department of Education, first consideration

in the area of assignment will be based on the [city]

certification of such a teacher. The preferences of a

teacher with respect to a specific schedule assignment

within the area of his certification shall be honored unless

circumstances make this prohibited. However, primary

consideration in making any assignment shall be based

upon the competency, training, and experience o f the

teacher for undertaking such an assignment.

The number of pupils a teacher is responsible for 

each period and each day is important, since class size 

and teaching load often determine the amount of attention a teacher can give to each child. Provisions which

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regulate these areas usually set specific limits, and strive 

to reduce these figures:

(168) The class size figures which are now: 27 in

kindergarten through Grade 6; 31 in Grades 7 through 12,

shall become, effective September 1, 1970; 26 in

kindergarten through Grade 6; 30 in Grade 7 through 12.

(26) A. The weekly teaching load in grades 7 through 12

shall be 25 teaching periods of no more than 45

minutes in the regular schedule. In addition,

there shall be at least five unassigned preparation

periods (at least one per school day). In the

vocational, technical, and comprehensive high

schools, each academic teacher shall be assigned

no more than five 45 minute teaching periods

per day. Of the remaining three periods, no more

than two (2) may be assigned to nonteaching

activities. The remaining period shall be an unassigned preparation period. Teachers of vocational subjects shall be assured one unassigned

preparation period per day. Exceptions may be

agreed upon by the Federation Building Committee and the principal.

B. Travel time of teachers of the homebound shall

be considered as part of such teacher’s teaching

day, except that travel from and to the teacher’s

home shall not be considered.

C. Whenever possible, case loads for counselors

shall be limited to a 1 to 250 ratio. For the

purpose of computing such ratio, only those

counselors who are working directly with the

children on a full-time basis may be used.

Counselors shall not be required to act as Assistant Principals or Department Chairmen or to

perform other noncounseling duties. The Board

and the Federation shall jointly study the feasibility of an 11 month schedule for guidance

counselors.

D. Teacher assignments outside the scope of his

teaching certificate or his major field of study

shall be voluntary.

E. Split classes shall be eliminated whenever possible.

F. Every effort shall be made to limit to two the

number of different lesson preparations in the

secondary schools.

G. Inequities in assignments shall be proper subjects

of grievance.

H. A master schedule for each school shall be

posted on the teachers’ bulletin board or shall

otherwise be made available to all teachers.

Many agreements provide for teachers’ aides who 

reduce the amount of time a teacher must spend on 

nonteaching duties.

(114) The Board and the association recognize that a

teacher’s primary responsibility is to teach and that his

energies should, to the extent possible, be utilized to this

end. Therefore, the Board agrees to make every effort to

reduce the following nonteaching duties through the use

of teacher aides and part-time clerical assistants so that

teachers will have more time to devote to teaching

activities: Nonteaching assignments, including but not

limited to, health services, supervision of study halls,

corridors, playgrounds, cafeterias, streets and sidewalks,

and buses. Collecting money from students, delivering

books to classrooms, taking inventories, duplicating

instructional and other materials, calculating attendance

records, and other similar clerical functions.

Teachers shall not be required to transport pupils to

activities which take place away from the school building.

The Board and association agree that the efficiency and

effective use of teacher aides is an area that needs

continuing study and investigation. This will be taken up

by the Professional Council.

Yearly reports on the status of reducing non-teaching

duties with the use of aides, part-time help and etc., shall

be presented to the Association and Professional Council.

A few contracts grant teachers a role in the selection, 

assignment, and evaluation of teacher aides as the 

following clause illustrates:

(169) The Board and the association agree that teacher

aides enhance the learning environment by reinforcing

instructional skills and by assuming nonteaching school

functions where feasible.

A. Selection of aides:

Teachers may assist in screening applicants for

teacher aide positions. Teachers desiring to screed

applicants or applications of applicants for teacher

aide positions in their classrooms should notify the

Administrative Assistant. However, the Administrative Assistant at each school will have final

responsibility for the selection of teacher aides

used in that school.

B. Distribution of aide time:

An attempt will be made to distribute aide time at

each school so that teachers at the same grade level

in that school will have approximately the same

amount of aide time scheduled per week. However,

aide time is not subject to redistribution due to

resignation or absence of an aide. Aides who resign

will be replaced as soon as a suitable replacement

can be employed. The restrictions of Federal and

State funded programs will be taken into account

in the distribution of aides and the Administrative

Assistant at each school will distribute aide time

within the scope of these programs. The

Administrative Assistant at each school will have

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final responsibility for the distribution o f aides at

that school.

C. Orientation:

The Administrative d ista n t at each school will

orient newly employed aides to the needs of the

individual school. It will be the responsibility of

the teachers who are using the aide to orient the

aide to their specific needs.

C. Evaluation:

The teacher or team using an aide will be

responsible for the evaluation of that aide. The

performance of the teacher aide must be

satisfactory to the teacher or team using that aide

or the aide will be subject to dismissal or

reassignment by the Administrative Assistant.

Nonpaid extra curricular activities often influence the 

amount of time a teacher can devote to his primary 

classroom duties. A few contracts make such participation purely voluntary and establish procedures to spread 

such activity equally among all teachers.

(16) Participation in extra-curricular activities for

which no additional compensation is paid shall be strictly

voluntary.

(123) Assignment may be made to occasional extra

curricular activities for which teachers are not paid. The

principal will post a list of known activities at the

beginning of each school year. Teachers will indicate their

choice of activities at which they prefer to work. When

the number of teachers who have indicated a preference

for an activity does not equal the number o f teachers

required for that activity, the principal shall make

assignments. Teachers and the administration recognize

that assignments should be reasonable.

Classroom environm ent The learning process is carried 

on with best results in an environment free from 

disturbances and interruptions. Most agreements 

recognize that control of the classroom is vital to a 

teacher’s effectiveness and contain provisions which 

guarantee that the administration will endeavor to avoid 

classroom interruptions:

(170) Classroom interruptions are to be permitted only

in the case of emergency or when no other reasonable

alternative is possible. Problems caused by classroom

interruptions both by teachers and administrators should

be discussed at each building level and effective practices

established to overcome said problems.

Additional clauses set forth the respective roles of 

teachers and administrators in maintaining discipline:

(166) A teacher, upon written notice to the principal

or his designee, and upon receipt of written instruction of

where the pupil is to be sent, which the principal or his

designee shall send immediately, may exclude from class a

pupil who is causing serious disruption.

When a child is excluded from class, the teacher will

confer with the principal, assistant principal, or counselor

to provide the necessary information concerning the

problem and shall provide a written statement o f the

problem within 24 hours. The principal will reinstate the

child after advising the teacher that some adjustment has

been made or following a conference which includes at

least two of the following persons: a counselor, an

administrator, the child, a parent, the school psychologist,

or the attendance officer. Prior to the conference, there

shall be consultation between the teacher and the

principal regarding the teacher’s presence at this

conference. The teacher shall be informed as to the results

o f the conference and the adjustment made.

After three written referrals, the principal shall have

the child and a parent attend a conference on school

rules. The school shall be represented at this conference

by the principal or his designee. If the teacher and the

principal agree that a procedure other than a parental

conference would be most beneficial to the child, that

procedure may be substituted. This shall be a prerequisite

to returning the child to class.

If the child continues to cause serious disruption, the

principal shall suspend the child for a period not

exceeding 1 school month for each offense.

When a child is suspended, the principal will initiate a

diagnostic review with the classroom teacher and the

adjustment teacher and/or the counselor to attempt to

determine the basic cause of the child’s problem and the

corrective measures to be taken.

Principals shall notify the police in case of serious

school-related offenses including but not limited to:

extortion, possession or use o f narcotics, arson or

attempted arson, possession or use of alcohol, serious

theft, serious vandalism, false reports of fire or bombs,

possession or use of weapons, or assault on an employee.

A continuous record of discipline cases shall be

maintained for the use of the school staff.

In the event o f a school-related assault on an

employee, the law department of the Board, when

notified, shall inform the employee of his legal rights, and

he shall be assisted by the law department in court

appearances.

Some school systems still permit corporal punishment as part of the disciplinary procedure:

(164) Teachers are not denied the privilege of exercising

corporal punishment, as stated in Section 3319.41 of the

Ohio Revised Code, when the nature of an act on

the part o f a pupil demands such disciplinary action.

Whenever corporal punishment is administered, it should

be done in a calm and deliberate manner with full

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knowledge on the part of the pupil why this action is

taken. The teacher should take into account any

individual handicaps. Corporal punishment should not be

administered in the heat o f anger, and striking a pupil

about the face or head should be avoided.

Almost without exception, as a part of the 

disciplinary provisions, teachers are supported and 

protected by the school in instances of assault by 

students or others. Legal advice and injury compensation 

are commonly provided for as part of this support:

(161) TEACHER PROTECTION

Section 1 .-Compensation insurance and

personal injury benefits

Assault on a teacher or injury to a teacher shall be

reported immediately to the Board. The Board shall

render assistance and advice to the teacher in securing

legal redress through law enforcement and judicial

authorities.

Workmen's compensation is available to cover injuries

or death attributable to assigned duties.

Section 2.-Civil disturbances

In case of a severe civil disturbance which occurs

before the teacher leaves his residence for his assignment,

the teacher should make every effort to contact the

proper school authorities who will determine whether the

teacher will be required to report for work. The intent of

this provision is that no teacher should be required to

report to a school where his person might be in danger.

Section 3.—Pupils

Throughout the years teachers have considered the

disruptive pupil to be the greatest deterrent to teaching.

Adjustment classes should be established for pupils who

are disruptive.

The teacher may send pupils who are seriously

disturbing the class to the office for the day. The teacher

shall furnish the principal with information of the

exclusion from class and the pupil will be readmitted only

upon written authority of the principal, or after a

conference between all parties concerned. Disruptive

elementary pupils who are excluded from class must be

escorted to the office.

A pupil expressing flagrant insubordination to a

teacher shall be disciplined. A subsequent offense o f the

same nature may mean suspension by the principal until a

parent comes for a conference. Both the parent and pupil

must agree to cooperate before he can be readmitted. All

cases of physical violence to members of the staff shall be

reported to the police and teachers should be encouraged

to sign warrants.

Section 6 .-Emergency

When the superintendent determines that weather

conditions are such that travel for pupils and teachers is

hazardous, schools should commence for pupils one hour

later than the regular starting time. Teachers should make

an effort to report to school at the regular starting time.

Section 1,-Liability

The Board and the Association shall cooperate in

achieving permissive legislation to provide personal

liability, including legal counsel, and personal property

damage insurance coverage to each teacher. Costs o f such

coverage shall be a matter for future negotiation.

A smaller number of agreements provide assistance 

when complaints or charges are directed against the 

teacher:

(171) 1. The administrator or supervisor involved

and the president o f CFPS shall be given

full information as to the nature of serious

complaints or charges made by parents,

students, or any special interest groups

which appear to be organized, and be given

every opportunity, resource and help to

answer or cope with such complaints or

harrassment.

2. If complaints or charges are made against

any administrator or supervisor, he may

have a conference with the Superintendent

of Schools or his designee at the Deputy or

Assistant Superintendent level. At such

hearing, he may have the assistance of the

CFPS.

3. Whenever, in the performance of his duties

as an administrator or supervisor and in

carrying out the responsibilities thereof, an

administrator or supervisor becomes the

object of legal action directed against him,

the Board o f Education will provide the

concerned with legal advice.

Professional integrity. The professional integrity of the 

teacher with respect to pupil evaluation is protected in 

many agreements which state that his judgement in 

assigning pupil grades will not be reviewed or reversed by 

others, subject on occasion, to certain restrictions:

(167) The grade given to a pupil for the completion of

an assigned task pursuant to the study of a required or

elective subject in the curriculum taught by the teacher or

an approved extra-curricular activity under the supervision o f the teacher is the teacher’s indication of the

quality of performance by the pupil o f this particular

task.

The teacher shall be considered to be the expert in

evaluating the pupil’s work, and the integrity of the

teacher shall be respected in grading the work of the

pupil.

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The grade given by the teacher shall not be changed by

another person. However, in the event that the grade

should be challenged by the pupil, his parents, or

guardian, and, after appropriate conferences it appears

that all factors involved in the performance of the pupil

may not have been known or taken into consideration by

the teacher, the teacher has the prerogative and duty to

raise or lower such grade in accordance with all factors

involved. This provision shall not preclude the principal

from questioning a student’s grade with the teacher,

where the principal believes an error has been made.

No minimum or maximum limitation shall be set on

the number who pass or fail, but every teacher will be

expected to give all possible assistance and encouragement

to pupils whose work may be below passing standards,

and to challenge those who may be finding the work too

easy.

All final failing grades for 6th, 9th and 12th grade

students must be submitted to the school office by the

date established through agreement of the head of the

school and the School Chapter Advisory Committee for

such submission. Such date shall be at least 5 school days

prior to graduation. Any final grade submitted after such

date must be a passing grade.

As an important part of pupil evaluation as well as 

normal school procedures, teachers often are required to 

inform parents of any special problems. General 

discussions of pupil performance with parents commonly are required through scheduled conferences:

(172) One full school day or two half-days of each

semester shall be designated for parent-teacher conferences. These conferences shall be held on school time and

all regular classes shall be dismissed. The day or half-days

shall be established by the school principal and

announced to teachers and parents by the end of the

fourth week of each semester. In addition to the

scheduled conference day or half-days referred to above,

teachers shall confer with parents at other times mutually

convenient to the teacher and the parent.

Special education teachers may, with the approval of

the principal, utilize the 1 full day or 2 half-days

designated for parent-teacher conferences to make home

visits or follow-up calls. In cases of particular urgency,

additional time may be granted upon request and with the

approval of the principal and the region superintendent.

Elementary teachers may, with permission of the

principal, utilize the half-day or a part of the day now

designated for parent-teacher conferences for home visits.

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Appendix. Identification of Clauses1

Clause

Number Em ployer and union Expiration date

1 Seattle, Wash.; citywide, blue-collar crafts, Joint Crafts Council .......................... September 1972

2 Tampa, Fla., Firefighters (IAFF) ............................................................................. September 1972

3 Rochester, N.Y., Firefighters (IA F F )........................................................................ June 1973

4 Boston, Mass.; power services, Firemen and Oilers (IB F O ).................................... June 1972

5 District of Columbia, Department of Sanitary Engineering, maintenance and

related employees, State, County and Municipal Employees, (AFSCME) . . . May 1971

6 Portland, Oreg.; Bureau of Fire (IAFF) ................................................................... June 1971

7 Baltimore, Md.; Metropolitan Transit Authority, Transit (ATU) .......................... September 1972

8 Louisville, Ky.; Works Department, street maintenance Teamsters (IBT)(Ind.) . May 31,1971

9 Chicago, 111.; Transit Authority, Teamsters (IBT) (Ind.) ....................................... November 1971

10 Pittsburgh, Pa.; Board of Public Education, Teachers (AFT) ............................... November 1971

11 New York, N.Y.; Public Library, building maintenance, shipping and purchasing,

State, County and Municipal Employees (AFSCME) ....................................... June 1973

12 Tucson, Ariz., State, County and Municipal Employees (AFSCM E)..................... February 1973

13 Boston, Mass.; Police Department, Boston Police Patrolmen’s Association .... March 1971

14 Greater Indianapolis, Ind.; Department of Public Works, State, County and

Municipal Employees (AFSCME) ........................................................................ December 1971

15 Baltimore, Md.; Board of School Commissioners, non-teaching aides, Teachers

(AFT) ...................................................................................................................... August 1971

16 Rochester, N.Y.; Board of Education, teachers, Education Association (NEA) . . June 1973

17 Jersey City, N.J.; citywide, clerical, State, County and Municipal Employees

(AFSCME) .............................................................................................................. December 1970

18 Buffalo, N.Y., Police Benevolent Association ......................................................... June 1972

19 Los Angeles, Calif.; Southern California Rapid Transit District, operators,

Transportation Union (UTU) ............................................................................... May 1972

20 Cleveland, Ohio; State, County and Municipal Employees (AFSCME) ............... July 1972

21 Omaha, Nebr.; International Brotherhood of Police Officers ............................... December 1971

22 Boston, Mass.; Housing Authority, stationary firemen, Firemen and Oilers

(IBFO) .................................................................................................................... January 1973

23 Milwaukee, Wis.; Board of School Directors, non-teaching personnel, State,

County and Municipal Employees (A FSCM E).................................................... December 1972

24 Baltimore, Md.; white-collar, nonclerical, Classified Municipal Employees

Association ............................................................................................................ July 1971

25 Buffalo, N.Y.; pipe caulkers and repairmen, Directly affiliated local union .... June 1972

26 Buffalo, N.Y.; Board of Education, teachers, Education Association (NEA) . . . June 1972

27 Milwaukee, Wis.; Department of Public Works, Teamsters (IBT) ( I n d .)................ December 1970

1 Employee organization affiliated with the AFL-CIO unless otherwise indicated as independent union or association.

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28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50

51

52

53

54

55

56

57

58

59

Appendix. Identification of Clauses — Continued

District of Columbia; Department of Sanitary Engineering, Water Pollution

Control Division, Government Employees (AFGE) .........................................

District of Columbia; Department of Sanitary Engineering, Maintenance

Division, shop and office personnel, Government Employees (AFGE) ..........

Buffalo, N.Y.; blue-collar occupations, State, County and Municipal Employees

(AFSCME) ..............................................................................................................

Toledo, Ohio; Toledo Police Command Officers Association, Patrolmen’s

Benevolent Association, and Fraternal Order of P o lic e ....................................

Boston, Mass.; Youth Activities Commission, Department of Health and

Hospitals, and others, Service Employees (SEIU) ..............................................

Seattle, Wash.; Department of Lighting, Electrical Workers (IB E W ).....................

Sacramento, Calif.; Transit Authority, Electrical Workers (IB E W ).......................

Toledo, Ohio; refuse, sanitary landfills and main wastewater treatment plant,

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

Chicago, 111.; Transit Authority, bus operations, Transit (ATU) ..........................

Portland, Oreg.; city wide, blue-collar occupations, District Council of Trade

Unions ...................................................................................................................

Detroit, Mich.; policemen, Detroit Police Officers Association ............................

Detroit, Mich.; Library Commission, Association of Professional Librarians of

the Detroit Public Library .....................................................................................

Rochester, N.Y.; citywide, blue-collar and white-collar occupations, State,

County and Municipal Employees (AFSCM E)...................................................

Cleveland, Ohio; bridge operations, Electrical Workers (IB E W )............................

Boston, Mass.; Public Library, Boston Public Library Professional Staff

Association .......................................................................................................

Toledo, Ohio; Firefighters (IA F F ).............................................................................

San Jose, Calif.; San Jose Peace Officers Association ............................................

Detroit, Mich., supervisory nurses, Nurses Association (ANA) ............................

Detroit, Mich.; Department of Street Railways, non-operating white-collar

occupations, State, County and Municipal Employees (AFSCM E)..................

Baltimore, Md.; Board of Fire Commissioners, firefighters, Firefighters (IAFF) .

Seattle, Wash.; Seattle Police Officers’ G u ild ...........................................................

Philadelphia, Pa.; citywide, blue-collar and white-collar occupations, State,

County and Municipal Employees (AFSCME) ...................................................

Detroit, Mich.; Board of Education, blue-collar occupations Teamsters (IBT)

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

Toledo, Ohio; citywide blue-collar and white-collar occupations, State, County

and Municipal Employees (AFSCME) ................................................................

Memphis, Tenn.; Board of Education, blue-collar occupations, State, County

and Municipal Employees (AFSCME) ................................................................

Louisville, Ky.; Works Department, garage, stores, transportation, operations and

maintenance, Teamsters (IBT) (Ind.) ...................................................................

Boston, Mass.; Housing Authority, Teamster (IBT) (Ind.) ....................................

Kansas City, Mo.; Firefighters (IAFF) .....................................................................

Rochester, N.Y., Rochester Police Locust Club ......................................................

Buffalo, N.Y.; Board of Education, blue-collar occupations, State, County and

Municipal Employees (AFSCME) ........................................................................

Boston, Mass.; Typographical Union (ITU) ..............................................................

Omaha, Neb., Firefighters (IA F F ).............................................................................

March 1972

February 1972

June 1973

December 1972

June 1972 

March 1972 

September 1972

July 1972 

November 1971

July 1972 

December 1970

July 1971

June 1972 

July 1972

June 1971 

July 1972 

July 1971 

August 1971

July 1971 

June 1972 

December 1971

June 1971

July 1972

July 1972

June 1971

May 1971 

January 1972 

September 1970 

June 1972

June 1973 

May 1972 

December 1971

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60 Cleveland, Ohio; Metropolitan General Hospital, non-professional classifications,

State, County and Municipal Employees (AFSCME) .......................................

61 Louisville, Ky.; Sanitation Department, Teamsters (1BT) (Ind.) ..........................

62 Jersey City, N.J.; public health nurses, United Nurses Organization of Jersey

City .........................................................................................................................

63 Boston, Mass.; Administrative Services Department, Printing Pressmen (IPPA) .

64 Jersey City, N.J.; Jersey City Medical Center, white-collar occupations, State,

County and Municipal Employees (AFSCME) ....................................................

65 Cincinnati, Ohio; Board of Education, blue-collar occupations, State, County

and Municipal Employees (AFSCME) ................................................................

66 Memphis, Tenn.; Housing Authority, Maintenance Department, State, County

and Municipal Employees (AFSCME) ................................................................

67 Memphis, Tenn.; Automobile Testing Bureau, State, County and Municipal

Employees (AFSCME) ..........................................................................................

68 Buffalo, N.Y., The Buffalo Crossing Guards Association .......................................

69 Jacksonville, Fla.; Housing Authority, Laborers (LIUNA) ....................................

70 Buffalo, N.Y.; Firefighters (IAFF) ..........................................................................

71 Oklahoma City, Okla; Central Oklahoma Transportation and Parking Authority,

Transit (A T U ).........................................................................................................

72 Los Angeles, Calif.; Housing Authority, State, County and Municipal Employees

(AFSCME) ...............................................................................................................

73 Detroit, Mich.; citywide, operating engineers, Operating Engineers (IUOE) ....

74 Cleveland, Ohio; citywide blue-collar occupations, Laborers (LIUNA) ...............

75 Buffalo, N.Y.; white-collar occupations, Civil Service Employees Association

(CSEA) ....................................................................................................................

76 Buffalo, N.Y.; Board of Education, Civil Service Employees Association

(CSEA) .................................................................................................................

77 Jersey City, N.J.; Jersey City Medical Center, United Nurses Organization of

Jersey City ...............................................................................................................

78 New York, N.Y.; Fire Department, fire officers, Firefighters (IAFF) ..................

79 Buffalo, N.Y., Recreation Society of the City of B u ffalo .......................................

80 Detroit, Mich.; Department of Street Railways, operating personnel, Transit

(A T U )......................................................................................................................

81 Denver, Colo.; School District No. 1, Denver Association of Specialized Services

Personnel .................................................................................................................

82 District of Columbia; Department of Sanitary Engineering, Revenue Branch,

Government Employees (AFGE) ........................................................................

83 Atlanta, Ga.; Housing Authority, Service Employees (SEIU) ...............................

84 Akron, Ohio; City Hospital, State, County and Municipal Employees (AFSCME)

85 Sacramento, Calif.; Transit Authority, Transit (ATU) .........................................

86 New York, N.Y.; Department of Marine and Aviation, Maritime (N M U ).............

87 Denver, Colo.; Metropolitan Denver Sewage Disposal District No. 1, Operating

Engineers (IUOE) ..................................................................................................

88 Milwaukee, Wis.; Board of School Directors, school accountants, Education

Association (N E A )..................................................................................................

89 New York, N.Y.; Triborough Bridge and Tunnel Authority, State, County and

Municipal Employees (AFSCME) ........................................................................

90 Omaha, Nebr.; State, County and Municipal Employees (AFSCME) ..................

Appendix. Identification of Clauses — Continued

February 1973 

May 1971

December 1971 

May 1972

December 1970

Open End

June 1973

June 1972 

June 1972 

September 1972 

June 1972

August 1973

August 1972 

June 1971 

July 1972

December 1972

June 1973

December 1971 

December 1970 

June 1972

June 1974

April 1972

January 1972 

December 1971 

July 1972 

March 1974 

June 1970

September 1972

December 1972

June 1972 

December 1971

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Appendix. Identification of Clauses — Continued

91 New York, N.Y.; Board of Higher Education, Teachers (AFT) ............................

92 Boston, Mass.; Police Department, Boston Police Collective Bargaining

Federation ..............................................................................................................

93 Los Angeles, Calif.; Housing Authority, Los Angeles Building and Construction

Trades Council .......................................................................................................

94 Buffalo, N.Y.; Operating Engineers (IUOE) ...........................................................

95 Cincinnati, Ohio; University of Cincinnati and Cincinnati General Hospital,

Operating Engineers (IUOE) ...............................................................................

96 Boston, Mass.; Housing Authority, Boston Building and Construction Trades

Council ...................................................................................................................

97 New York, N.Y.; Transit Authority, subway supervisors ......................................

98 Milwaukee, Wis.; Bureau of Sanitation, Laborers (LIUNA) .................................

99 New York, N.Y.; Manhattan and Bronx Surface Transit Operating Authority,

Transport Workers (TWU) ....................................................................................

100 Milwaukee, Wis.; Board of School Directors, substitute teachers, Education

Association (N E A ).................................................................................................

101 Seattle, Wash.; School District No. 1, Teamsters (Ind.) ..........................................

102 Memphis, Tenn.; Division of Hospitals and Health Services, State, County and

Municipal Employees (AFSCME) ........................................................................

103 Akron, Ohio; Board of Education, Firemen and Oilers (IBFO) ............................

104 Cincinnati, Ohio; University of Cincinnati and 2 hospitals, non professional

occupations, State, County and Municipal Employees (AFSCM E)..................

105 Boston, Mass.; Housing Inspection Department, Boston Environmental

Sanitation Inspectors’ Assn.....................................................................................

106 Chicago, 111.; Transit Authority Carpenters (CTA) .................................................

107 Milwaukee, Wis.; Board of School Directors, custodial employees, Service

Employees (SEIU) .................................................................................................

108 Seattle, Wash.; Nurses Association (ANA) ..............................................................

109 Newark, N.J.; Board of Education, Teachers (AFT) ..............................................

110 Memphis, Tenn.; Park Commission, State, County and Municipal Employees

(AFSCME) ..............................................................................................................

111 Cleveland, Ohio; custodial employees, Service Employees (SEIU) .......................

112 New York, N.Y.; Board of Education, bilingual teachers, Teachers (AFT) ....

113 Detroit, Mich.; State, County and Municipal Employees (AFSCME) ..................

114 Denver, Colo.; School District No. 1, teachers, Education Association (NEA) . .

115 Columbus, Ohio; State, County and Municipal Employees (A FSCM E)................

116 District of Columbia; Department of Sanitary Engineering, Sewer Operations,

Pumping Station, Government Employees (AFGE) .........................................

117 Chicago, 111.; Transit Authority, rapid transit operations, Transit (A T U ).............

118 Milwaukee, Wis.; Board of School Directors, teachers, Education Association

(NEA) ......................................................................................................................

119 Jersey City, N.J.; Board of Education, Education Association (NEA) ................

120 Cincinnati, Ohio; Parks, Health, Recreation, State, County and Municipal

Employees (AFSCME) ..........................................................................................

121 Cleveland, Ohio; Transit System, Transit (ATU) ...................................................

122 Milwaukee, Wis.; Board of School Directors, cafeteria employees, Service

Employees (SEIU) .................................................................................................

123 Indianapolis, Ind.; Public Schools, Education Association (NEA) .......................

124 Detroit, Mich.; Board of Education, non-teaching blue-collar personnel, State,

County and Municipal Employees (AFSCME) ...................................................

August 1972

February 1972

July 1972 

June 1972

September 1972

December 1972 

June 1972 

November 1972

December 1971

December 1972 

May 1972

June 1972 

June 1972

September 1972

June 1972 

November 1971

December 1972 

September 1972 

January 1973

June 1972 

July 1972 

September 1972 

June 1971 

April 1972 

March 1972

June 1972 

November 1971

December 1972 

August 1972 '

February 1971 

July 1972

December 1972 

December 1971

January 1972

65

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Appendix. Identification of Clauses — Continued

125 New York, N.Y.; Board of Education, school secretaries, Teachers (AFT) ....

126 Denver, Colo.; School District No. 1, vocational teachers, Teachers (AFT) ....

127 District of Columbia; Department of Highways and Traffic, Government Employees (AFGE) ....................................................................................................

128 District of Columbia; Department of Sanitary Engineering, Water Operations

Division, Government Employees (AFGE) .........................................................

129 Milwaukee, Wis.; Professional Policemen’s Protective Association .......................

130 Denver, Colo.; School District No. 1, Denver Public Schools Association of

Buildings and Grounds Service Personnel ...........................................................

131 Louisville, Ky.; Dept, of Public Safety, civilian police employees, State, County

and Municipal Employees (AFSCME)...................................................................

132 Chicago, 111.; Transit Authority, Machinists (IAM) .................................................

133 New York, N.Y.; Board of Education, Guidance Counselors, Teachers (AFT) . .

134 Buffalo, N.Y.; Board of Education, Buffalo Public School Administrators

Association ...........................................................................................................

135 Tucson, Ariz.; Fraternal Order of Police (FOP) ......................................................

136 Baltimore, Md.; Board of Fire Commissioners, fire officers, Firefighters (IAFF)

137 San Francisco, Calif.; Laguna Honda Hospital, Service Employees (SEIU) . . . .

138 Milwaukee, Wis.; Operating Engineers (IUOE) ..........................................................

139 Greater Indianapolis Ind.; Department of Transportation, State, County and

Municipal Employees (AFSCME) ........................................................................

140 Boston, Mass.; Police Department, Boston Police School Traffic Supervisors

Assn............................................................................................................................

141 Milwaukee, Wis.; Technicians, Engineers and Architects of Milwaukee ...............

142 Denver, Colo.; Housing Authority, State, County and Municipal Employees

(AFSCME) ..............................................................................................................

143 Akron, Ohio; State, County and Municipal Employees (AFSCME) .....................

144 New York, N.Y.; Board of Education, school lunch employees, State, County

and Municipal Employees (AFSCME) ................................................................

145 Memphis, Tenn.; Division of Public Works, State, County and Municipal

Employees (AFSCME) ..........................................................................................

146 Milwaukee, Wis.; Fire Department, firefighters, Firefighters (IAFF) ..................

147 Boston, Mass.; Housing Authority, Laborers (LIUNA) .........................................

148 Louisville, Ky.; Traffic Engineering Department, electrical maintenance,

Electrical Workers (IB E W )....................................................................................

149 Chicago, 111.; Board of Education, principals, Chicago Principals Club ................

150 Jacksonville, Fla.; Firefighters (IAFF) .....................................................................

151 New York, N.Y.; Board of Education, teachers, Teachers (A F T )..........................

152 Detroit, Mich.; Department of Street Railways, non-operating personnel, State,

County and Municipal Employees (AFSCME) ...................................................

153 Kansas City, Mo.; Area Transportation Authority, Transit (ATU) .........................

154 Columbus, Ohio; Board of Education, nonteaching personnel, Columbus School

Employees A ssociation..........................................................................................

155 Boston, Mass.; Library and Administrative Services, Bookbinders (IBB) .............

156 Milwaukee, Wis.; Fire Department, marine firemen, Firefighters (IA F F ).............

157 Memphis, Tenn.; Board of Education, Distributive Workers (NCDWA) (Ind.) . .

158 Phoenix, Ariz.; Board of Education, Union High School System, Education

Association (N E A ).................................................................................................

159 Philadelphia, Pa.; Board of Education, teachers, Teachers (AFT) .......................

September 1972 

April 1972

November 1971

March 1972 

November 1972

June 1972

May 1970 

November 1971 

September 1972

June 1972 

August 1973 

June 1973 

July 1972 

November 1972

December 1971

September 1972 

December 1971

January 1972 

March 1971

June 1971

June 1972 

November 1973 

September 1971

June 1970 

December 1970 

September 1971 

September 1972

July 1971 

October 1971

June 1973 

March 1972 

December 1971 

June 1974

July 1972 

August 1972

66

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Federal Reserve Bank of St. Louis
Appendix. Identification of Clauses — Continued

160 Columbus, Ohio; Board of Education, teachers, Education Association (NEA) .

161 Cincinnati, Ohio; Board of Education, Education Association (NEA) ................

162 Seattle, Wash*; School District No. 1, Education Association (NEA) ...................

163 Portland, Oreg.; School District No. 1, Multanomah County, Education

Association (N E A )......................................................................................................

164 Cleveland, Ohio; Board of Education, teachers, Teachers (AFT) ...........................

165 Philadelphia, Pa.; Board of Education, nonteaching assistants, Teachers (AFT) .

166 Chicago, 111.; Board of Education, teachers, Teachers (AFT) ................................

167 District of Columbia; Board of Education, Teachers (AFT) ...................................

168 Boston, Mass.; School Committee, Teachers (AFT) ................................................

169 Phoenix, Ariz.; Board of Trustees, Wilson District No. 7, Education Association

(NEA) ...........................................................................................................................

170 Baltimore, Md.; Board of School Commissioners, teachers, Teachers (AFT) . . .

171 Cleveland, Ohio; Board of Education, administrative and supervisory personnel,

Teachers (A F T )...........................................................................................................

172 Detroit, Mich.; Board of Education, teachers, Teachers (AFT) .............................

~ IJ. S. GOVERNMENT PRINTING OFFICE : 1972 O - 512376 (18)

August 1973

January 1971

June 1973

June 1973

May 1971

August 1972

December 1970

June 1971

September 1971

July 1973

June 1971

December 1970

July 1971

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