Bargaining Update

SUBJECT	DESCRIPTION	STATUS	CASE NAME
Compensatory Time Off	Unilateral change establishing new procedures, including time limits, for requesting compensatory time off and waiting 48 hours prior to the time requested to respond are mandatory for bargaining. The decision of the Department to no longer use mandatory overtime to cover for absences from work is a management right not subject to bargaining.	Mixed.	Albany Police Officers Union, U-27333 (N.Y. PERB ALJ 2008).
Equipment	Employer decided to change the layout and configuration of dispatcher work stations in order to increase the number of work stations on the floor for use in emergency response during peak call times. Commission found that employer’s interest in efficiency overrode any minimal impacts on safety.	Not Mandatory. Employer allowed to maintain change.	City of Seattle, Decision 9956 (PECB 2008).
Hours Of Work	Proposal to set work schedule in contract. Work schedules are mandatorily negotiable, except under circumstances where the employer proves a particularized need to preserve or change a work schedule to effectuate a specific governmental policy.	Mandatory. Employer required to bargain over issue.	Borough of Closter, PERC No. 2008-56 (N.J. PERC 2008)
Pensions	City enacted ordinance which rescinded a pension plan option known as “partial lump sum distribution option.” Since pensions are a mandatory subject of bargaining under Pennsylvania law, employer may not unilaterally change benefit levels.	Mandatory. Employer required to restore option.	City of Erie, Case No. PF-C-3-W (Pa. LRB 2008).
Subcontracting	Employer unilaterally entered into contract with American Medical Response to provide basic life support patient transport to local hospitals. Since employer had legal discretion to continue providing basic life support patient transport to local hospitals with bargaining unit employees, its decision to subcontract was not a “legal necessity” and was subject to bargaining.	Mandatory. Employer required to terminate contract.	City of Auburn, Decision 10062 (Wash. PERC 2008).
Vacation	Employer unilaterally issued handbook containing policy for new vacation leave buy-back policy. Since the policy directly affected compensation, it was mandatory for bargaining.	Mandatory. Employer required to rescind handbook provisions.	City of Okmulgee, 124 LA 423 (Walker, 2007).

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).