Bargaining Update

SUBJECT	DESCRIPTION	STATUS	CASE NAME
Equipment	Firefighters’ union proposed that every on-duty firefighter be issued a two-way radio. PERC concluded that “no interest of firefighters is more important than their safety and rescue during life-and-death crises.”	Mandatory. Employer required to bargain over issue.	City of Newark, No. 2006-44 (N.J. PERC 2005).
Job Specifications	Employer unilaterally changed job specifications for two represented positions. No defense that change in specifications was initiated as a result of requests from union members.	Mandatory. Employer required to bargain over specifications.	State of Rhode Island Department of Corrections, ULP-5657 (R.I. LRB 2005).
Parking	At request of private parking subcontractor, City discontinued practice of allowing motorcycle officers to park motorcycles in City parking facility. Contract contained language requiring City to reimburse employees for parking charges, and to give notice of available parking facilities. PERC concluded availability of alternate parking coupled with contract language indicated parties had “bargained to completion” over the issue, and allowed City to make the change.	Not Mandatory. No bargaining obligation.	City of Milwaukee, Decision 31221-B (Wis. PERC 2005).
Pay Practices	Employer enacted new policy authorizing the withholding of unit members’ paychecks for the untimely submission of time cards, and requiring members to call in before the pre-shift briefing for each day they were absent.	Mandatory. Employer required to rescind new policy. Employer also required to make adversely impacted employees whole.	New York State Corrections Officers, No. U-23174 (N.Y. PERB ALJ 2005).
Staffing	While employer had management right to close four ladder companies, it was required to bargain over the impact of that decision.	Mixed.	Philadelphia Fire Fighters Union, 36 PPER ¶62 (Pa. LRB ALJ 2005).
Vacations	City increased minimum staffing per shift, resulting in decreased vacation opportunities for employees.	Mandatory. Employer required to rescind change.	City of Seattle, Decision 9173 (Wash. PERC 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).