Bargaining Update

SUBJECT	DESCRIPTION	STATUS	CASE NAME
Health Insurance	Employer unilaterally changed medical insurance coverage to a plan that called for increased out-of-pocket costs for bargaining unit members. That change was effective during contract “hiatus” – after previous contract had expired and before new contract took effect – did not diminish employer’s bargaining obligation.	Mandatory. Employer required to rescind change.	Douglass Township Police Officers, Case No. PF-C-04-213-E (Pa. LRB 2005).
Hours Of Work	Employer changed schedule to require one bargaining unit member to be scheduled on a Kelly day on each shift. Mandatory for bargaining because of impact on employees’ use of Kelly days.	Mandatory. Employer required to rescind change in past practice.	King County Fire District 43, Case No. 9236 (Wash. PERC ALJ 2006).
Meal Periods	Employer unilaterally enacted new rules requiring that all lunches be taken on the officer’s assigned beat or within walking distance of the beat assignment. Designation of where meals could be eaten a matter of inherent managerial prerogative.	Not Mandatory. Employer allowed to maintain practice.	Fraternal Order of Transfer Police v. Southeastern Pennsylvania Transportation Authority, Case No. PERA-C-05-201-E (Pa. LRB 2005).
Retirement	Police union referred to arbitration proposal that would convert unused sick leave to provide additional health insurance for retirees and dependents.	Mandatory. Employer required to arbitrate issue.	Village of Saugerties, Case U-25832 (N.Y. PERB 2005).
Shift Trades	Employer unilaterally implemented restrictions on shift exchanges. Under previous practice, matter ruled to be mandatory for bargaining.	Mandatory. Employer required to bargain over issue.	County of Mercer, Case No. SN-2006-037 (N.J. PERC 2006).
Subcontracting	Employer unilaterally transferred the work of supervising police communication operators from the police bargaining unit to non-bargaining unit civilian employees. Employer’s defense that implementation of new technology warranted the transfer rejected, since the same inherent supervisory duties continued after the introduction of the new technology.	Mandatory. Employer required to rescind change.	Pennsylvania State Troopers Association v. Commonwealth of Pennsylvania, Case No. PF-C-04-123-E (Pa. LRB 2005).

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).