Grievance Arbitration and Administrative Agency Practice 

The rights of the union and its members gained in collective bargaining and interest arbitration must be enforced and defended. The process to do so takes two forms, depending upon the underlying dispute. 

If a term and condition of employment was bargained into the employment agreement between the union and the municipal employer (for example, wages, health insurance or matters of discipline), then any dispute concerning a breach of the agreement’s terms is adjudicated via Grievance Arbitration. In that event, the agreement will contain a “grievance procedure,” which details the process for the parties to follow to attempt resolution of the dispute between themselves and without further litigation. If resolution is not possible, the final step of the procedure is arbitration, where the parties mutually select a neutral arbitrator to adjudicate the dispute. Our firm has arbitrated grievances involving nearly every aspect of the employer-employee relationship over numerous decades, from discipline to benefits to pensions and beyond. We have extensive experience presenting such cases to arbitrators working throughout the Commonwealth.

In some circumstances, the labor agreement does not cover the subject matter of the dispute, which means that the issue is litigated before a different administrative body. This may involve a Civil Service Commission or an administrative agency hearing. Once again, the scope of the issues presented runs the gamut from discipline to promotional challenges, Heart and Lung Act disputes and more. It is imperative to know when a dispute may be grieved and when it must follow this other route. We are fortunate to have extensive experience in advising clients on which route to take. 

In either arbitration or local agency practice, the resulting decision is appealable to the Pennsylvania Courts, generally beginning at the Court of Common Pleas, and then the Commonwealth Court, and then the Pennsylvania Supreme Court. However, appeals from the decisions of both forums have different scopes and standards of review, and require adherence to rules of civil and appellate procedure, which makes the appeals process a complicated endeavor. 

We have had the pleasure of litigating these types of dispute on behalf of our State, County and other municipal employees over the past five decades, and as a result, our staff has significant knowledge and experience necessary to protect and enforce employees’ rights through all stages of litigation.