When Must An Employer Bargain Over The ‘Effects’ Of A Management Right?

When an employer wants to make a change in past practices, there are generally three possibilities with respect to whether it must negotiate with a union: (1) The decision can involve a negotiable topic – typically, wages, hours, or working conditions – and the employer must negotiate about the decision before making it; (2) the…

Even With Safety Clause, Contract Does Not Prevent Employer From Restricting Overtime

The collective bargaining agreement between Genesee County, Michigan and the Police Officer Association of Michigan has a safety clause, providing “the Employer will always consider the personal safety of the employees in establishing operational procedures.” The contract also gives the employer “the right to determine, establish and modify scheduling and manpower requirements, including, but not…

Comprehensive ‘Status Quo’ Opinion From Florida Court

The collective bargaining agreements between the City of Gainesville, Florida and the labor unions representing police, fire, and other employees do not discuss health insurance benefits for retirees. Until 1995, the City paid 100% of retirees’ health insurance premiums for individual coverage including all premium increases occurring after retirement. In 1995, the City reduced the…

Employer Can Assign Officers On Light Duty To Different Schedule

The collective bargaining agreement between the Kings Point Police Benevolent Association and the Village of Kings Point, New York has an “hours of work” clause that mandates a 12-hour rotating shift as the “sole schedule” for members of the bargaining unit. When a police officer who suffered a work-related injury that disabled him for more…

City Wrongfully Reassigns Work Outside Of Firefighter Bargaining Unit

The City of Reno, Nevada created a new position titled “laborer (equipment parts runner)” to pick up equipment and parts for the Reno Fire Department’s Fleet Maintenance Shop. Local 731 of the International Association of Fire Fighters, which represents the Department’s firefighters, filed a grievance contending that the creation of the new position was impermissible…

Assignment To Particular Assistant Chief Position A Management Right

Local 252 of the International Association of Fire Fighters represents members of the Piqua, Ohio Fire Department. When a vacancy occurred in the position of “assistant chief on shift,” the Department filled the vacancy by transferring Assistant Chief Mike Rindler, who had held the position of assistant chief for Fire Prevention. Local 252 filed a…

New Disciplinary Standards Must Be Negotiated

Employers who operate in a collective bargaining environment are restricted in their ability to make changes in past practices in the areas that are “mandatory” for collective bargaining. Mandatory subjects of bargaining are typically set by state statute, and are usually captured by some version of the rubric “wages, hours, and terms and conditions of…

Officers’ Failure To ‘Punch In’ Does Not Negate Roll Call Pay

The Middlesex, Massachusetts Sheriff’s Office began a system of requiring officers to “punch in and out” of work at the beginning and end of their shifts. The employer issued officers identification cards which could be used for the “punch in” process. The employer also began not paying officers the roll call pay called for by…