Bargaining Update

SUBJECT	DESCRIPTION	STATUS	CASE NAME
Contracts With Union Members	Employer contended that releases signed by grievants prohibited labor organization from proceeding to arbitration over issue covered by release.	Mandatory. Employer required to proceed to arbitration.	City of Newark, 29 NJPER ¶137 (N.J. PERC 2003).
Health Insurance	Union sought arbitration of a grievance that Borough violated the parties’ collective bargaining agreement by terminating its payment of health insurance premiums for the surviving spouse of a retired police officer. Commission concluded that health insurance issues are generally negotiable.	Mandatory. Employer required to submit to binding arbitration.	Borough of Woodcliff Lake, 29 NJPER ¶ 153 (N.J. PERC 2003).
Subcontracting	Employer devised plan to hire retirees to meet an abrupt shortage in the staffing of its Police Department. Under the employer’s plan, nothing would “affect the terms and conditions of employment of bargaining unit members.”	Not Mandatory. Employer allowed to implement plan.	Sacramento Police Officers Association v. City of Sacramento, 12 Cal.Rptr.3d 641 (Cal.App. 2004).
Work Schedule	Interest arbitrator ordered change in fire suppression work schedule to a 24-hour shift.	Mandatory. Interest arbitrator’s award upheld.	Township of Teaneck, 29 NJPER ¶132 (N.J. PERC 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).