Bargaining Update

SUBJECT	DESCRIPTION	STATUS	CASE NAME
Assignments	Employer unilaterally eliminated canine unit. While employer allowed to make the decision to disband the unit, it was required to bargain over the impacts of doing so. Employer ordered to continue premium pay and reimbursement of medical expenses for the three years of the current contract even though the unit had been disbanded.	Mixed. Employer required to bargain over effects of decision.	York County Prison, LAIG 6438 (Brogan, 2006).
Layoffs	Arbitrator ordered that new contract contain a “no layoffs” clause. Court found that the total number of police officers or firefighters that a municipality desires to employ is an inherent management right.	Not Mandatory. Arbitrator’s decision overturned.	Schuykill Haven Borough v. Schuykill Haven POA, 2006 WL 3753519 (Pa.Cmwlth. 2006).
Sick Leave	Employer refused to arbitrate grievance challenging failure by employer to return two officers to work from sick leave unless the officers requalified with their firearms. Commission held that employer had non-negotiable management prerogative to require fitness testing prior to returning officers to work.	Not Mandatory. Employer not required to proceed to arbitration.	New Jersey Transit Corporation and P.S.A., Local 304, PERC No. 2007-13 (N.J. PERC 2006).
Subcontracting	Employer transferred work performed by police officers to non-bargaining unit employees. Language reserving to the employer the right to make decisions regarding its “mission and management,” including its “organization, staffing, planning, operating, and financial policies,” was not a waiver of the right to bargain over subcontracting.	Mandatory. Employer required to rescind transfer.	Port Authority of New York and New Jersey, 2006 WL 3524136 (N.J. Super. 2006).
Uniforms	Employer ordered officers to wear nameplates on the outside of their uniforms at all times. Employer’s right to control contents of uniform outweighs minimal safety considerations raised by the union.	Not Mandatory. Employer allowed to maintain new requirement.	Suffolk County Police Benevolent Assn., Inc. and County of Suffolk, Case No. U-26202 (N.Y. PERB ALJ 2006).

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).