New York (State). Grievance Appeals Board.

A Personnel Relations Board was established by a 1950 executive order (February 23, 1950) to administer a program for resolving employee grievances.

The Board consisted of a Chairman appointed by the Governor and two other members selected by the Chairman from each of two panels. The panels were selected by the Governor; one consisted of twelve competitive class employees and the other of twelve State officers and employees who were not necessarily in the competitive class. The Board was placed in the Department of Civil Service (D.C.S.) but reported directly to the Governor.

The Board's jurisdiction was limited to the executive branch of government. Its function was to approve agency grievance procedures, promulgate rules and regulations on employee grievances, and provide employee counselling and supervisor training on employee relations. Agency grievance procedures had to be based on a five-stage process established by the executive order and elaborated by the Board's rules. The agency head was responsible for the final grievance determination, but the aggrieved employee could request that the Board review this determination. The Board, however, could only make recommendations on the agency head's disposition of the grievance. During its existence between 1950 and 1955 the Board actually reviewed very few grievances.

A 1955 executive order (August 5, 1955) established new grievance procedures, abolished the Personnel Relations Board, and established a three-person Grievance Board. The Civil Service Commission's President appointed the new Board which consisted of a D.C.S. representative as Chairman and two representatives of the public who could not be State employees. The Grievance Board reported to the Civil Service Commission which in turn reported to the Governor. Its jurisdiction was limited to the executive branch of government. Like its predecessor, the Board approved agency grievance procedures, promulgated rules and regulations on grievances, and provided employee relations training and counselling.

The 1955 executive order and the Board's rules limited, whenever possible, the grievance process to two stages. These stages were an informal discussion with supervisor and a formal written grievance to the agency head or his representative. The agency head's decisions were appealed to the Grievance Board which could hold a hearing and investigate the case. The Board's written determination was final and binding. The Board promulgated its rules and regulations on April 1, 1956 and operated until 1963. During this period it heard twenty-six appeals.

The Grievance Board was abolished in 1963 by executive order #15 (August 28, 1963) and replaced by a Grievance Appeals Board of three non-State employees appointed by the Civil Service Commission's President. The new Board reported to the Commission and its duties, authority and jurisdiction were the same as its immediate predecessor. Executive order #15 and the Grievance Appeals Board's rules and regulations retained the previous grievance and appeals procedures. The Board operated in D.C.S. until 1970 and heard ninety-five appeals.

After the 1967 passage of the Public Employees' Fair Employment Act (Taylor Law), grievance procedures established through collective bargaining agreements between the State and employee organizations superseded those established by executive order. In recognition of this fact, the Governor limited the Grievance Appeals Board's jurisdiction to employees not covered by collective agreements and non-contract grievances (those outside the scope of a collective agreement). The Board was also transferred from D.C.S. to the Office of Employee Relations, whose director appointed its members (Executive Order #42, October 14, 1970).