Bargaining Update

SUBJECT	DESCRIPTION	STATUS	CASE NAME
Contracts With Union Members	Employer unilaterally instituted stipend of $6,300 per year for aviation officer. Since matter was mandatory subject of bargaining, employer could not grant benefit to any employees without negotiating with Union. Delay of two months in filing unfair labor practice charge did not render charge untimely.	Mandatory. Employer required to rescind stipend.	Putnam County Sheriff’s Department, 35 NYPER ¶4561 (N.Y. PERB ALJ 2002).
Health Insurance	Change in health insurance carriers changed benefits, including new cap on lifetime maximum benefits.	Mandatory. Employer required to bargain over changes.	City of August v. Maine Labor Relations Board, Docket #AP-01-63 (Me.Super. 2002).
Interest Arbitration	Union not covered by state interest arbitration law proposed that future contract disputes be resolved through interest arbitration. Commission found that effect of clause on terms and conditions of employment “is at best remote.”	Not Mandatory.	Village of Williams Bay, Decision #30385-A (Wis. ERC 2002).

There are three categories of bargaining topics.

Mandatory. Mandatory subjects must be negotiated if either side raises them during the negotiations process. If a past practice concerns a mandatory subject of bargaining, an employer may not make a change in the practice without first bargaining with the labor organization unless the labor organization has waived its right to negotiate over the subject.

Permissive. Permissive subjects need not be negotiated by either party, but can be negotiated if both sides voluntarily choose to do so. An employer is free to make changes in past practices affecting permissive subjects of bargaining without first bargaining with a labor organization.

Prohibited. Prohibited subjects are excluded from bargaining. A subject is often prohibited if it is “preempted” by another law covering the subject (e.g., a state law might preempt bargaining over the entire subject of pension benefits).