SUBJECT |
DESCRIPTION |
STATUS |
CASE NAME |
Assignment Of Duties |
Employer unilaterally implemented program to cross-train its police officers as firefighters and EMTs and to assign them related duties. Neither a zipper clause nor a management rights clause in the parties’ bargaining agreement permitted the employer to carry out such a fundamental change without bargaining over the change. |
Mandatory. Employer required to rescind program. |
Village of Bensenville, 19 PERI ¶119 (Ill. Labor Board 2003). |
Disciplinary Procedures |
Proposal for bill of rights. Fact that proposal would mirror statewide statutory bill of rights did not make its inclusion in contract non-negotiable. |
Mandatory. Employer required to bargain over issue. |
County of Passaic, 29 NJPER ¶91 (N.J. PERC 2003). |
Parking |
Employees working in new location who were formerly able to park for free in fenced lot were required to pay a monthly parking fee. Board found that parking fees were reasonably related to wages and terms and conditions of employment. |
Mandatory. Employer required to bargain over issue. |
Franklin County Sheriff, 20 OPER ¶130 (Ohio SERB 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).