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The Remedy In Subcontracting Cases

The usual labor relations definition of “subcontracting” is the assignment of bargaining unit work to non-bargaining unit personnel. In states with collective bargaining, subcontracting is usually thought to be a mandatory subject of bargaining, with employers required to bargain over subcontracting before engaging in it. The Boston Police Superior Officers Federation represents supervisory sworn employees in the Boston Police Department. From 1994 to 2002, the City assigned members of…

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Court Upholds Arbitrator’s Decision On Police Subcontracting

Cleveland State University(CSU) and the Fraternal Order of Police (FOP) are parties to a collective bargaining agreement. The Contract provides for the utilization of FOP members to provide police services within the jurisdiction of the University. The contract specifically states that CSU will not contract out bargaining unit work except under special circumstances, such as sporting events. In 2011, CSU entered into a lease agreement with CSU Housing, LLC,…

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Subcontracting Prohibition Can Be Implied In Contract

The Professional Firefighters Association of Nassau County, New York, is party to a collective bargaining agreement with the Village of Garden City. The agreement contains no clause governing subcontracting or the assignment of bargaining unit work to non-bargaining unit personnel. When the Village began assigning volunteers to operate first-line fire equipment, the Association filed a grievance. An arbitrator upheld the grievance, concluding that a ban on subcontracting was implied…

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