Bargaining Update

SUBJECT	DESCRIPTION	STATUS	CASE NAME
Medical Insurance	While negotiations were pending, employer changed health insurance plans. The new health insurance plan resulted in different coverage and increased costs for bargaining unit members.	Mandatory. Employer required to rescind change and make employees whole for all differential payments to third-party providers.	Douglas Township Police Officers, Case No. TF-C-04-213-E (Pa. LRB 2005).
On-Call Practices	Employer initiated change in on-call practices for detectives. Decision to make the change not mandatory for bargaining, but employer required to bargain over effects of the decision.	Mixed.	Bensalem Township Police Benevolent Association, 36 PPERC ¶19 (Pa. LRB ALJ 2005).
Shift Scheduling	Employer changed the schedule for closing fire companies so that the schedule corresponded with the work schedule of firefighters rather than that of fire officers. As a result, fire officers were required to report to a different firehouse once every eight-day cycle. In the absence of evidence that reassigned officers had to share command or perform administrative responsibilities or additional duties, the change not mandatory for bargaining.	Not Mandatory. Employer allowed to maintain new schedule.	City of Newark, PERC No. 2006-30 (N.J. PERC 2005).
Sick Leave	Pending interest arbitration decision on the issue, the employer temporarily halted program whereby firefighters could sell back sick leave. The remedy included the reinstatement of sell-back program and payment of interest.	Mandatory. Employer required to rescind change.	City of Circleville, SERB 2005-007 (Ohio SERB 2005).
Transfers	Grievance challenging disciplinary transfer. Recently-enacted New Jersey state law that allows for grievance arbitration over “minor” disciplinary penalties does not extend to allowing arbitration of disciplinary transfers.	Not Mandatory. Employer not required to proceed to arbitration over grievance.	City of Trenton, 31 NJPERC ¶27 (N.J. PERC 2005).
Work Schedules	Employer implemented new schedule that changed the start and stop times of days off for several shifts.	Mandatory. Employer required to rescind change in past practice.	Association of Oregon Corrections Employees, Case No. UP-33-3 (Or. ERB 2005).

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).