Bargaining Update

SUBJECT	DESCRIPTION	STATUS	CASE NAME
Compensatory Time Off	Unilateral implementation of a 30-day limitation on when requests to use compensatory time off could be submitted and a 14-day rule on when supervisors can begin to act upon such requests. New rules impose new procedural restrictions on use of paid leave.	Mandatory. Employer required to rescind change in past practice.	Albany Police Officers Union Local 2841, AFSCME Council 82 and City of Albany, U-27333 (N.Y. PERB 2008).
Employer Facilities	Employer unilaterally changed past practice of allowing firefighters to wash and wax their personally-owned vehicles at fire stations.	Mandatory. Employer required to rescind change in past practice.	City of Oswego Firefighters Association, U-27221 (N.Y. PERB 2008).
Equipment	Installation of new roll-up doors in correctional facility. The new doors increased the inmate-deputy ratio when one deputy was on a break by allowing other on-duty deputies to supervise the absent deputy’s area.	Mandatory. Employer required to bargain over issue.	Snohomish County, Decision 9770-A (PECB 2008).
Pay Practices	Employer refused to arbitrate grievance challenging failure of employer to continue paying hazardous duty premiums to officers using sick leave. Topic mandatory for negotiations because of economic impact.	Mandatory. Employer required to submit to arbitration over issue.	City of Newark, PERC No. 2008-60 (N.J. PERC 2008).
Shift Schedules	Employer assigned officer split schedule to ensure coverage notwithstanding co-worker’s military leave. The Court found that the law “cannot be interpreted in a way to deprive the public employer of its ability to discharge its essential function as a public enterprise.”	Not Mandatory. Employer allowed to maintain schedule.	Town of McCanless v. McCanless Police Officers Association, 952 A.2d 1193 (Pa.Cmwlth. 2008).
Subcontracting	Employer changed the “pecking order” in which non-sworn municipal employees would be assigned to paid police details.	Mandatory. Employer required to rescind new rules.	Town of Burlington, Case No. MUP-04-4157 (Mass. ERB 2008).
Terminal Leave	Employer unilaterally changed policies with respect to the ability to use terminal leave prior to retirement. PERC found that argument concerning propriety of terminal leave “should be made to an arbitrator.”	Mandatory. Employer required to rescind change in policy.	Borough of Hawthorne, PERC No. 2008-45 (N.J. PERB 2008.

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).