Bargaining Update

SUBJECT	DESCRIPTION	STATUS	CASE NAME
Discipline	After expiration of contract, employer terminated an employee without just cause. Disciplinary standards were a mandatory subject of bargaining that continued after the contract expired.	Mandatory.	Asotin County, Washington, Decision 9549-A (Wash. PERC 2007).
Hours Of Work	Employer unilaterally implemented mandatory overtime policy. Contract specifically granted employer right to assign overtime.	Not Mandatory. Employer not required to bargain over policy.	Ventura County Professional Peace Officers’ Association, No. J1910-M (Cal. PERB 2007).
Job Assignments	Corrections union sought to arbitrate grievance challenging employer’s refusal to consider a sergeant for a permanent assignment as a “kitchen officer.” Under New Jersey law, job assignments are a non-negotiable topic.	Not Mandatory. Employer not required to arbitrate grievance.	Somerset County Sheriff’s Office, PERC No. 2007-66 (N.J. PERC 2007).
Promotions	Police supervisors’ association submitted bargaining proposal requiring employer to grant hearing to employees passed over for promotions. Under Wisconsin law, a union has no right to bargain over the process the employer uses to identify and list who is eligible for promotion.	Not Mandatory. Employer not required to bargain over proposal.	City of Milwaukee, No. 32138 (Wis. PERC. 2007).
Sick Leave	After contract expired, employer unilaterally changed method of calculation of sick leave and vacation, reducing some leave accruals by as much as three days a year.	Mandatory. Employer required to rescind change.	New Hampshire Department of Safety, 2007 WL 1119885 (N.H. 2007).
Vehicles	Employer unilaterally reduced from 60 to 21 the number of take-home vehicles. Generalized management rights clause not a waiver of the right to bargain. Employer required to pay impacted employees at the normal mileage reimbursement rate, plus interest.	Mandatory. Employer required to restore vehicles.	Omaha Police Union, Local 101 IUPA v. City of Omaha, Case No. 1121 (Neb. C.I.R. 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).