Bargaining Update

SUBJECT	DESCRIPTION	STATUS	CASE NAME
Discipline	Employer refused to proceed to arbitration over issue of whether sergeant was entitled to representation by an attorney at a pre-disciplinary hearing.	Mandatory. Employer required to proceed to arbitration.	New Jersey Institute of Technology, 29 NJPER ¶139 (N.J.Super. 2003).
Equipment	Employer unilaterally implemented policy governing the personal use of City computers. Employer’s right to manage the use of its computers outweighed any impact on terms and conditions of employment.	Not Mandatory. Employer allowed to retain rule.	Parma Heights Firefighters, 20 OPER ¶168 (Ohio SERB 2003).
Hours Of Work	Unilateral implementation of requirement that sergeant or next ranking officer respond to a page within 15 minutes.	Mandatory. Employer required to rescind policy.	Douglass Township, 34 PPER ¶131 (Pa. LRB ALJ 2003).
Sick Leave	Employer changed its sick leave policy to require a doctor’s note for firefighters who had received a written reprimand.	Not Mandatory. Employer not required to proceed to arbitration.	City of Jersey City, 29 NJPER ¶33 (N.J. PERC 2003).

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).