Bargaining Update

SUBJECT	DESCRIPTION	STATUS	CASE NAME
Assignment Of Work	Assignment of overtime is a managerial prerogative, although the procedures for the assignment of such overtime must be negotiated.	Mixed. Employer required to bargain over impact.	City of Rochester and Rochester Police Locust Club, U-22824 (N.Y. PERB 2003).
Layoffs	City unilaterally eliminated Department and laid off represented employee. Employer required to bargain over effects of layoff before laying off employee.	Mandatory. Employer required to reinstate employee with back pay.	IUOE, Local 571 v. City of Plattsmouth, 660 N.W.2d 480 (Neb. 2003).
Sick Leave	Eight-year practice of compensating employees for low use of sick leave. Fact that City Council unaware of the practice not dispositive in light of the fact that the practice was instituted by a police chief.	Mandatory. Employer required to reinstate practice	Vestal Police Benevolent Association, 35 NYPER ¶4600 (N.Y. PERB 2002).
Subcontracting	Transfer of policing functions at housing projects from Police Department to non-bargaining unit police officers.	Mandatory. City required to rescind transfer and compensate employees for lost overtime.	City of Boston v. Labor Relations Commission, 787 N.E.2d 1184 (Mass.App. 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).