2000MediateCompliance

State Board of Mediation and Arbitration (1997)

Recognizing the need for an efficient and effective system to resolve conflicts between employees and employers within the state, the program review committee authorized a study of the State Board of Mediation and Arbitration in January 1997. Although the board has various responsibilities with respect to labor relations, the study focused solely on the grievance arbitration process used by the board.

As the study progressed, several factors became increasingly clear with respect to the grievance arbitration process and how well it was working. The most obvious procedural deficiency was the current backlog of pending grievance arbitration cases. The board had been operating for over a decade with a significant backlog of cases awaiting grievance arbitration hearings. Due to the number of pending cases at the time of the study, the average grievance arbitration case was pending for more than a year before a hearing was scheduled by the board.

The table below summarizes the recommendations made by the committee, the status of each through 2000, and a summary of the key points made in the agency's response.


Summary of Compliance with Committee Recommendations
*Recommendation*	*Status*	*Comment*
Begin strictly enforcing current arbitration hearing postponement policy based on specific criteria detailed in policy, and determine by July 1, 1998, if revisions to current policy are necessary.	Full	State Board of Mediation and Arbitration reviewed arbitration hearing postponement policy -- all necessary revisions were made and are contained in the board's newly proposed regulations.
Adopt a standard for the length of time necessary for normal administrative processing of grievance arbitration cases from when a case is filed to when it is scheduled for hearing.	Full	Board adopted standards proposed by its Grievance Backlog Committee in October 1998. Grievances filed become part of backlog, if not scheduled for hearings within nine months of filing date. Backlog committee to continue reviewing status of cases awaiting hearings and standard.
Board and labor department to create strategic plan by January 1, 1999, for eliminating grievance arbitration case backlog.	Full	Strategic plan developed in 2000 -- necessary support systems, including regulations, automated database, and grievance backlog standards and measurements developed. Board's plan outlines grievance case backlog elimination by 2003.
Revise and update regulations in accordance with the Uniform Administrative Procedure Act. Complete internal review process and forward revisions to attorney general's office by July 1, 1998.	Full	Full set of revised/updated regulations in place effective April 1999. Booklets with regulations available.
Develop standardized policies and procedures manual, and inform practitioners before the board that such a manual exists and is available.	Full	Board determined all matters relating to policies/procedures clearly addressed in revised regulations. Copies of regulations distributed to 150+ board practitioners in September 1999; public notice of revised regulations posted at board's main office.
Develop realistic standards covering all key components of the board's process and use to annually evaluate overall performance; include relevant performance information in governor's annual reports and provide to legislative committee of cognizance.	Full	Board adopted performance indicators for key components of grievance arbitration process in October 1998. Workflow measures also developed to provide insight and analysis re: grievance backlog flow. Database designed to provide case closure measures developed to track/monitor grievance hearing procedures.
Continue to identify relevant information sources necessary for management analysis purposes and compare with board-established standards.	Full	Board adopted workflow and case closure measures. Measures will provide necessary information to track grievance hearing activities and case status. Board will have accurate caseflow tracking system when measures fully implemented. Board also implemented procedure for tracking necessary hearing/executive session dates as part of new database program. Dates will be used for measuring workflow and performance.
Board and labor department to determine what automation is necessary for the board's operation. Department of Labor to provide necessary resources, particularly regarding overall case management system.	Full	Fully automated case management system implemented -- can track grievances from date received to date closed and has capability to define information noted in committee's report.
Begin tracking executive session dates when calculating timeliness of grievance arbitration awards. Continue enforcing policy of not issuing additional cases to neutral arbitrators with late awards.	Full	Executive session dates tracked on database and used when calculating timeliness of awards. Board continues to enforce late award policy and does not assign additional cases to arbitrators with late awards.