Bargaining Update

SUBJECT	DESCRIPTION	STATUS	CASE NAME
Employee Groups	Employer established a “working group” of employees to provide the Sheriff with recommendations in the area of shift selection, scheduling days off, vacation selection, and “swapping” time off. Labor organization which later protested “working group” actually had appointed some members to the group.	Not Mandatory. Employer not required to bargain over issue.	County of Fresno, California, 29 PERC ¶47 (Cal. PERB 2005).
Health Insurance	Labor organization proposed health insurance be provided current employees after they retire. Commission found that post-retirement health benefits mandatory for bargaining if not preempted by specific state statute.	Mandatory. Employer required to bargain over proposal.	Borough of Emerson, 31 NJPER ¶53 (N.J. PERC 2005).
Parity Clauses	Law enforcement organization challenged “parity” or “me too” clauses in employer’s other labor contracts. Commission found parity clauses are not per se illegal, and can be enforced if they do not have a demonstrable impact on the bargaining process.	Mandatory. Clauses upheld.	Whatcom County Deputy Sheriff’s Guild, Decision 8512-A (Wash. PERC 2005).
Staffing	While employer had management right to close four ladder companies, it was required to bargain over the impact of that decision.	Mixed.	Philadelphia Fire Fighters Union, 36 PPER ¶62 (Pa. LRB ALJ 2005).

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).