Bargaining Update

SUBJECT	DESCRIPTION	STATUS	CASE NAME
Health Insurance	Proposal for health insurance for retirees and dependents.	Mandatory. Employer required to arbitrate issue.	County of Ulster and Ulster County Sheriff, Case No. U-25870 (N.Y. PERB 2005).
Job Assignments	Employer had past practice of using non-sworn personnel, as well as school police officers, to patrol District high school football games. Employer did not violate its obligation to bargain merely by increasing the quantity of work performed by non-bargaining unit employees.	No Bargaining Obligation.	Los Angeles School Police Association, 30 PERC 85 (Cal. PERB 2006).
Overtime	County challenged legality of contract clause that required Department overtime be offered to bargaining unit employees first, and then to other qualified employees within the Department. Court found that clause related to wages, hours, and conditions of employment, and did not infringe upon County’s constitutionally-protected prerogatives.	Mandatory. Clause ruled enforceable.	Dunn County v. Wisconsin Employment Relations Commission, 2006 WL 1147598 (Wis.App. 2006).
Safety	Proposal for institution of safety committee and accident review board. Ruled mandatory for bargaining because of impact on safety.	Mandatory. Employer required to bargain over proposal.	City of Newark, Case No. SN-2006-026 (N.J. PERC 2006).
Staffing	Employer expanded service population for basic life support transport. Held to be management prerogative.	Not Mandatory. No bargaining required.	King County Fire District 43, Case No. 9236 (Wash. PERC ALJ 2006).
Use of Vehicles	Proposal for an annual stipend for the use of personal vehicles during the performance of the workday. Proposal ruled to “intimately and directly affect employee work and welfare.”	Mandatory. Employer required to bargain over proposal.	City of Newark, Case No. SN-2006-026 (N.J. PERC 2006).
Vacation	Employer unilaterally implemented policy restricting the number of officers allowed to take vacation time on any one day, and imposing “blackout” dates when vacations could not be taken.	Mandatory. Employer required to rescind policy.	Borough of Lodi, 32 NJPER 33 (N.J. PERC 2006).
Wages	County unilaterally implemented wage adjustment of eight percent for all bargaining unit employees and doubled paramedic premium pay.	Mandatory. Employer required to rescind increase.	Volusia County Fire Fighters Assn., 106 LRP 29824 (Fla. PERC 2006).

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).