You asked for a description of the use of stipulated agreements in the state employee grievance handling process.

A stipulated agreement is a voluntary agreement between two parties, for example, between a state employee and his manager. In the context of labor relations, an employee and his manager might agree on certain facts and sanctions rather than proceeding in the usual grievance handling process. If the employee had been habitually late to work for example, he might accept a three day suspension rather than go through the grievance process, in which he might be fired.

According to Paul Bodenhofer, Labor Relations Specialist with the Office of Labor Relations, many agencies routinely use stipulated agreements to handle grievances. However, the office does not have any data on how frequently agencies enter into such agreements or on their terms. Bodenhofer believes that the amount of time managers give employees to decide whether to sign an agreement ranges from hours to weeks, depending on the personnel matter involved and the employee's attitude. The office does not issue guidelines on the use of stipulated agreements to state agencies. Bodenhofer believes that agency practices vary widely, for example, with regard to the extent that they publicize the agreements they enter into.

He notes that both managers and employees have many reasons for entering into such agreements. The parties may wish to avoid being on the losing side of an argument, as well as the costs of arbitration. In some cases, a manager may wish to give an employee a second chance without setting a precedent. For example, in some cases employees who have been charged with serious violations of agency rules have accepted dismissal, under the understanding that they will be immediately rehired.

KEM: eh