Bargaining Update

SUBJECT	DESCRIPTION	STATUS	CASE NAME
Discipline	Union sought arbitration over a grievance challenging a six-day suspension given to a police lieutenant. Under New Jersey law, “major discipline” is not a mandatory subject of bargaining.	Not Mandatory. Employer not required to proceed to arbitration.	City of Newark, PERC No. 2010-84 (N.J. PERC 2010).
Furloughs	Employer unilaterally imposed furloughs as a way of dealing with economic crisis. Employer’s “business necessity” defense rejected because employer had other means, including layoffs, to meet economic concerns.	Mandatory. Employer required to rescind furloughs.	King County, Decision 10576-A (Wash. PECB 2010).
Job Duties	Employer ordered officers to appear at headquarters both before and after court appearances. “Appear before appearance” portion of rule not negotiable because uniform/attire standards not negotiable under New Jersey law.	Mixed. Employer required to bargain over portion of rule.	County of Hudson, PERC No. 2010-76 (N.J. PERC 2010).
Overtime	Employer unilaterally imposed restriction on number of discretionary overtime hours individual employees could work. Issue turned on whether the employer repudiated agreement with Union outlining more modest restrictions (400 hours per year) on discretionary overtime.	Mandatory. Employer required to rescind rules.	Pennsylvania State Troopers Assn, Case No. PF-C-08-100-E (Pa. 2010).
Subcontracting	Employer assigned civilian supervisor to new video surveillance unit, in charge of stationary cameras placed throughout the city. Board found that the surveillance cameras are a form of police work and that the supervisory position should have been filled by a sworn police officer.	Mandatory. Employer required to reassign work.	City of Reading, Case No. PF-C-08-164-E (Pa. LRB 2010).
Wages	Employer referred to voters a change in the method of determining prevailing wage standard below which salaries could not drop.	Mandatory. Employer required to bargain before referring matter to voters.	County of Santa Clara, PERB Decision No. 2120-M (Cal. PERB 2010).

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).