Bargaining Update

SUBJECT	DESCRIPTION	STATUS	CASE NAME
Promotions	Employer attempted to apply charter amendment to go outside Department to fill promotional position of assistant police chief. Change in method of filling such vacancies was negotiable because it impacted terms and conditions of employment of bargaining unit members.	Mandatory. Employer not allowed to apply charter amendment.	SERB v. City of Cincinnati, 20 OPER ¶145 (Ohio SERB ALJ 2003).
Smoking	Landlord of building leased by employer banned smoking throughout the building. Employer had no duty to bargain since lease granted landlord all rights to site management.	Not Mandatory. Employer not required to allow smoking at facility.	Commonwealth of Pennsylvania, 34 PPER ¶91 (Pa. LRB ALJ 2003).
Vacation	Grievance challenging employer’s decision to limit the number of police officers who could be off duty on a given shift.	Mandatory. Employer required to arbitrate grievance.	Galloway Township, 29 NJPER ¶35 (N.J. PERC 2003).
Wages	Interest arbitration award calling for premium pay for emergency medical technicians.	Mandatory. Interest arbitrator’s award upheld.	Township of Teaneck, 29 NJPER ¶132 (N.J. 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).