Bargaining Update

SUBJECT	DESCRIPTION	STATUS	CASE NAME
Bargaining	Employer proposed ground rule that all bargaining sessions be held at its facilities. Location of bargaining sessions not a mandatory subject of bargaining.	Not Mandatory. Employer not allowed to insist on proposal.	City of Harper Woods, Case No. C06 D-087 (Mich. ERC 2007).
Canine Program	Employer unilaterally discontinued past practice of defraying the costs of police officers for veterinary services and food for specially-trained police canines in their care after the canines have been taken out of service. The provision by the City of the veterinary care and food for out-of-service dogs is an economic benefit and thus a form of compensation for unit members.	Mandatory. Employer required to rescind change in practice.	Kingston Police Benevolent Association, Inc., Case No. U-26553 (N.Y. PERB 2007).
Health Insurance, Retiree	Retiree health care benefits negotiable under New Jersey law if provided on a uniform basis.	Mandatory. Employer required to bargain over proposal.	Borough of Upper Saddle River, Case No. 2008-22 (N.J. PERC 2007).
Promotions	Under Connecticut law, ultimate decisions with respect to promotion (as opposed to promotional procedures) are not mandatory for collective bargaining.	Not Mandatory. Employer not required to bargain over issue.	Broadnax v. City of New Haven, 2007 WL 2990089 (Conn. 2007).
Shift Schedules	Interest arbitration panel ordered that work schedules be changed to 24-hour shifts.	Mandatory. Employer required to implement award.	Town of Bellingham, 450 Mass. 1011 (Sup. 2007).
Subcontracting	City decided to enter into a contract with the County Sheriff to provide law enforcement services rather than continuing to maintain a police department. The permanent transfer of work away from the bargaining unit clearly had a significant effect on wages, hours, and working conditions of bargaining unit members.	Mandatory. Employer required to bargain over issue.	Rialto Police Benevolent Association, 66 Cal.Rptr.3d 714 (Cal.App. 2007).
Wages	Employer took the position that it had the unilateral right to place new employees anywhere in the salary structure. Commission held proposal dealt with compensation issue that “directly affects employee welfare.”	Mandatory. Employer not allowed to maintain proposal.	Toms River Township, Case No. 2008-30 (N.J. PERC 2007).

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).