Bargaining Update

SUBJECT	DESCRIPTION	STATUS	CASE NAME
Disability	Union submitted to interest arbitration proposals concerning the granting of disability benefits. Bargaining over disability benefit approval structure preempted by New York’s general disability law.	Not Mandatory. Union required to withdraw proposals.	City of Poughkeepsie, No. U-23563 (N.Y. PERB 2003).
Equipment	Order barring police officers from carrying personal cell phones while on duty. Management rights clause in contract gave employer the right to determine the “equipment” officers could use.	Not Mandatory. Employer allowed to enforce order.	Town of Wallingford, Decision No. 3902 (Conn. SBLR 2003).
Management Rights	Employer closed its police department. Though decision to no longer provide police services was a management right, employer required to bargain over impacts of decision before implementing it. Employer required to reinstate employees, make them whole, and negotiate over impacts.	Mandatory. Employer required to reinstate employees.	City of Vale, UP-14-02 (Or. ERB 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).