Bargaining Update

SUBJECT	DESCRIPTION	STATUS	CASE NAME
Callbacks	Employer changed past practice of allowing officers one hour of travel or “shape up” compensation upon receiving a callback. Practice negotiable because of monetary impacts.	Mandatory. Employer required to rescind change in past practice.	Township of Middletown, Case No. CO-2005-226 (N.J. PERC 2006).
Disciplinary Procedures	Employer unilaterally changed procedures to be followed during the investigation of “critical incidents.” Under New York law, the disciplinary procedures for members of the State Police is a prohibited subject of negotiations.	Not Mandatory. Employer allowed to retain changed procedures.	Police Benevolent Association of the New York State Troopers, Inc. and State of New York (Division of State Police), Case No. U-22830 (N.Y. PERB 2006).
Job Assignments	Enactment of anti-nepotism policy barring employment of certain relatives.	Mandatory. Employer required to rescind policy.	Hampton Police Association, Case No. P-0719-20 (N.H. PERB 2006).
Sick Leave	Employer submitted to interest arbitration a proposal limiting use of sick leave where injuries were covered by third-party employers. Union’s failure during negotiations and mediation to give employer notice that it believed proposal was not mandatory is not necessarily fatal to Union’s case.	Mandatory. Employer allowed to submit proposal to arbitration.	City of Pasco, Decision 9337 (Wash. PERC 2006).
Staffing	Union proposed continuation of contract clause requiring the City to “equalize tour personnel department-wide” in the event of sickness or vacation. Under New Jersey law, staffing levels are not mandatory for bargaining.	Not Mandatory. Employer not required to bargain over proposal.	City of Newark, 32 NJPER 47 (N.J. PERC 2006).
Subcontracting	Employer began using videoconferencing to conduct certain prisoner hearings, resulting in a decrease in the need of bargaining unit members to transport prisoners. Under Pennsylvania law, employers not required to bargain over introduction of new technology.	Not Mandatory. Employer allowed to continue new practice.	Allegheny County Deputy Sheriffs’ Association, Case No. PERA-C-06-374 (Pa. LRB 2006).

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).