Bargaining Update

SUBJECT	DESCRIPTION	STATUS	CASE NAME
Promotions	Employer unilaterally changed weights given test scores in portions of promotional exam for position of sergeant. Test scoring deemed more related to managerial interests than to working conditions for employees.	Not Mandatory. Employer allowed to retain new practice.	Pennsylvania State Troopers Association, 33 PPER ¶33179 (Pa.Cmwlth. 2002).
Residency	Unilateral imposition of residency requirement for police department.	Mandatory. Employer required to rescind requirement.	Watervliet Police Benevolent Association, 35 NYPER ¶4596 (N.Y. PERB ALJ 2002).
Smoking	Employer issued order forbidding corrections officers from smoking while on duty. Board concluded that impact of policy on employees outweighed management rights of employer.	Mandatory. Employer required to rescind order.	Pennsylvania State Corrections Officers Association, 33 PPER ¶33179 (Pa.Cmwlth. 2002).
Vehicles	Employer ended past practice of allowing detectives to use employer-owned vehicles to commute to and from work. Employer required to reimburse detectives for all losses incurred during period they were unable to use employer-owned vehicles.	Mandatory. Employer required to reinstate practice.	Los Angeles School Peace Officers Association, 27 PERC ¶34003 (Cal. PERB 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).