SUBJECT |
DESCRIPTION |
STATUS |
CASE NAME |
Promotions |
Request for binding arbitration of group grievance challenging employer’s decision not to promote bargaining unit members while internal investigations were pending. Employer’s interest in knowing results of internal investigation before permanently promoting employees outweighed employees’ interest in obtaining promotions. |
Not Mandatory. Employer not required to submit to arbitration. |
State of New Jersey and State Troopers Non-Commissioned Officers Association, 28 NJPER ¶33149 (N.J. PERC 2002). |
Shift Schedules |
Union proposed that officers on patrol work same schedule as sergeants. |
Mandatory. Employer required to bargain over issue. |
Patrolman’s Benevolent Association of the City of New York, 35 NYPER ¶6603 (N.Y. PERB ALJ 2002). |
Union Dues |
Employer denied Union’s request for dues deduction increase for members electing dental insurance plan Union had implemented. Though employer had increased dues deductions in the past upon Union’s request, it had only done so on a bargaining unit-wide basis, not on an individual basis. |
Not Negotiable. No change in past practice. |
Town of North Attleboro v. Labor Relations Commission, 779 N.E.2d 654 (Mass.App. 2002). |
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).