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Collective Bargaining - Duty to Bargain

After ICE altered how it calculated overtime pay owed to certain employees, a union representing employees filed a grievance complaining that the policy was changed without first bargaining over the issue. A federal appeals court agreed with the Federal Labor Relations Authority (FLRA) that ICE had no duty to bargain before changing its overtime policy because ICE’s previous policy was unlawful. The previous policy of excluding leave time was unlawful under a simple reading of the 1997 Guidance and the 2002 amendments to the regulations. American Federation of Government Employees National Council v. FLRA, #18-1195, 2019 U.S. App. Lexis 17356,  2019 WL 2426215 (D.C. Cir.).

     The California Public Employment Relations Board (PERB) found that the City of San Diego violated a California statute, the Meyers-Milias-Brown Act, when the mayor made a policy decision to advance a citizens’ pension reform initiative to amend the city charter without meeting and conferring with the affected employees’ unions. The California Supreme Court upheld the finding that the mayor’s actions violated the city’s meet and confer obligations, and then ordered an intermediate state appeals court to “address the appropriate judicial remedy for the violation.” The appeals court rejected the unions’ request to invalidate the Initiative as a judicial remedy, concluding that the Initiative’s validity was more appropriately addressed in a separate “quo warranto” proceeding available under Calif. Code Civ. Proc., §§ 803-811. [“Quo warranto” is a legal action requiring a person or entity to show what authority they have for exercising some right, power, or franchise they claim to hold]. Additionally, the appeals court concluded it needed to modify the PERB's compensatory and cease-and-desist remedies to prevent the remedies from impermissibly encroaching upon constitutional law, statutory law, and policy matters involving initiatives, elections, and the doctrine of preemption unrelated to the Act. Boling v. Public Employment Relations Bd., #D069626A, 33 Cal. App. 5th 376, 2019 Cal. App. Lexis 242.

     An officer was fired by the U.S. Capitol Police for misconduct, with the termination approved by the Capitol Police Board. He challenged his firing under the terms of a collective bargaining agreement, and an arbitrator ruled that the firing constituted excessive punishment, directing the employer to instead suspend him for 30-days and then reinstate him along with an award of back pay and benefits. No deadline was set for compliance. The Board of Directors of the Congressional Accountability Office of Compliance rejected the employer’s exceptions to the arbitration award, and a 30-day deadline for compliance was set. Just before the deadline expired, the employer announce that it would not comply. The union brought charges of an unfair labor practice before the Office of Compliance (OOC) alleging an unfair labor practice. The OOC’s General Counsel filed an unfair labor practice complaint with the Board, and a hearing officer sustained the charge. The Board subsequently agreed, rejecting the employer’s assertion that the arbitrator lacked jurisdiction over employee termination and that the subject of termination was barred from inclusion in a collective bargaining agreement because employee termination is specifically provided for by federal statute. A federal appeals court upheld this ruling and granted enforcement. The Capitol Police Administrative Technical Corrections Act, 124 Stat. 49, the court concluded, does not require the Capitol Police Board’s participation in employee termination decisions, so that matter was not “specifically provided for,” and could be bargained over. U.S. Capitol Police v. Office of Compliance, #18-1201, 2019 U.S. App. Lexis 2469, 2019 WL 321167 (Fed. Cir.).

     In April 2016, a Chicago Police Accountability Task Force report stated that the Chicago Police Department’s “response to violence is not sufficiently imbued with Constitutional policing tactics.” Then in January 2017, the U.S. Department of Justice released a report concluding that the Chicago Police Department was engaged in a pattern or practice of the unconstitutional use of force. In August 2017, the state of Illinois sued the city of Chicago, asserting that the Chicago Police Department’s policies and practices on the use-of-force violated both the federal constitution and Illinois state law. Two days after the lawsuit was filed, the parties moved to stay the proceedings while they negotiated a consent decree. Almost immediately, the Fraternal Order of Police, Lodge 7, representing Chicago police officers, publicly opposed any consent decree, expressing fears that the decree might impair its collective bargaining rights. For months, the union monitored the ongoing negotiations and met informally with the state’s representatives. But the union waited until June 2018 to file a motion in court to intervene in the suit. The trial court denied the motion to intervene as untimely. A federal appeals court upheld this result, finding that the union knew right from the beginning that a consent decree might impact its interests but delayed its motion for nearly a year. Illinois v. Chicago, #18-2805, 2019 U.S. App. Lexis 10 (7th Cir.).

     An arbitrator agreed with the police union that management violated the collective bargaining agreement when it unilaterally implemented a body-worn camera program without bargaining over the issue. Oklahoma City and FOP L-123, FMCS #16-50120-6 (Lumbley, Jun. 14, 2016).
     A union representing Los Angeles police officers sued to attempt to invalidate a departmental order limiting the individual discretion of officers as to when to impound cars driven by unlicensed drivers. The union believed that the order conflicted with state statutes, resulted in fewer such cars being impounded, and could lead to civil liability for its members for failing to carry out mandatory duties required by state statutes. Rejecting these arguments, an intermediate state appeals court found that the order was within the broad discretion of the police chief, did not conflict with state statutes, and did not create new law, but merely implemented the state statutes. The union had no standing to challenge it in court, and had not shown that it fell within the topics of hours, wages, and working conditions that constituted the scope of its representation. Los Angeles Police Protective League v. City of Los Angeles, #B251796, 2014 Cal. App. Lexis 1180.
     Substantial evidence supported the conclusion that a city did not "meet and confer in good faith" with a police union, as required by a California state statute, before attempting to implement a reorganization of the police department's command staff. The meet and confer requirement applied because the plan included demoting some officers and laying off at least one of them. The trial court did not abuse its discretion in awarding the union attorneys' fees because the meet and confer obligation was an important right, its enforcement benefitted the public significantly, and the burden of the litigation costs were disproportionate because of the small size of the union. Indio Police Command Unit Association v. City of Indio, #G050051, 2014 Cal. App. Lexis 906.
     A state Employment Relations Board made a determination that a town had violated a provision of the New York Civil Service Law when it unilaterally ended the practice of assigning town-owned vehicles to certain employees on a permanent basis to drive to and from work. The highest court in New York found that the determination was supported by substantial evidence and reasonably applied applicable precedent, but that the Board's remedial order was unreasonable in requiring the town to restore the vehicle assignments to the employees affected by the change. The section of the law at issue made it an improper practice for a public employer to refuse to negotiate in good faith with the bargaining agent for its employees, and many of the employees who lost "take home" vehicles belonged to blue- or white-collar collective bargaining units. The case was remanded for the fashioning of a proper remedial order. Town of Islip v. New York State Public Employment Relations Board, #95, 2014 N.Y. Lexis 1300, 2014 NY Slip Op 4043.
  A county had the right to reduce the work schedules for an unspecified number of correctional peace officers. The reserved management rights in a memorandum of understanding (MOU) contemplated that this could be done so long as the county first met and conferred with the union about the implementation of the plan. Accordingly, since the county had complied with that obligation, the union was not entitled to a writ of mandate challenging the decision to reduce hours for the officers for budgetary reasons. Santa Clara County Correctional Peace Officers' Association v. County of Santa Clara, #H037418, 224 Cal. App. 4th 1016, 2014 Cal. App. Lexis 245.
     The federal Bureau of Prisons (BOP) appealed a ruling that it had to bargain with a union of employees over installation of metal detectors at a compound in a high security facility. The metal detectors were placed where prisoners had to pass when going in or out of an exercise yard. A federal appeals court ruled that the order should be enforced in part, but ordered further proceedings to determine whether subsequent changed circumstances resulting from the changed use of the metal detectors meant that the order to bargain over the issue should be revised. U.S. DOJ v. FLRA, #12-1383, 2013 U.S. App. Lexis 24925 (D.C. Cir.).
      Two cities appealed separate judgments in favor of a police union ordering them to adopt collective bargaining procedures. The Missouri Supreme Court held that each city was required to collectively bargain with the union elected by their officers as their exclusive bargaining agent as this right was guaranteed by the state Constitution. The cities were not excused from having to do this because the employees represented by the union were not covered by procedures codified in a state public sector labor law. The court ordered the cities to recognize the unions as the collective bargaining agent for officers and sergeants and to begin to meet and confer with the union for collective bargaining purposes. E. Mo. Coal. of Police v. City of Chesterfield, #SC91736, 2012 Mo. Lexis 278.
     The Massachusetts Dept. of Labor Relations ordered a city to cease from assigning repairs, maintenance and replacement activities to bargaining unit members without first giving the union prior notice and an opportunity to bargain or go to impasse over the decision. City of Newton and Newton Firefighters L-863 IAFF, #MUP-05-4529 (MDLR 23012).
    A collective bargaining agreement entered into by the state of Delaware and its agencies required that overtime be paid after 37.5 hours of work per week. The agreement also established a "career ladder" for promotions in some positions based on the satisfaction of specified requirements. Despite the agreement, the state changed the overtime minimum to pay for work over 40 hours instead of 37.5, as well as freezing the career ladder temporarily. The state Court of Chancery ruled that the state was not required to bargain over nonmandatory subjects of collective bargaining, which included overtime and the career ladder. Unfair labor practice charges were properly dismissed. The court further found that provisions of the collective bargaining agreement which conflicted with the legislature's appropriations act were unenforceable. Am. Fed'n of State, County, & Mun. Employees v. State Court:, #CA 6159-VCP, 2012 Del. Ch. Lexis 249.
     An Illinois state labor relations board's decision that a consolidation of training districts for probationary police officers was not a mandatory subject for collective bargaining was upheld by an intermediate state appeals court. The city's failure to bargain over the issue was not an unfair labor practice. The city had an inherent right to adopt the most efficient method of training new police recruits. Any benefit that would come from bargaining over the question was outweighed by the possible burden it would place on the city's managerial authority. Fraternal Order of Police v. Illinois Labor Relations Board, #1-10-3215, 2011 Ill. App. Lexis 1196; 2011 IL App (1st) 103215.
     A state labor relations board correctly ruled that a Village committed an unfair labor practice in failing to bargain in good faith with a firefighters union over the inclusion of a "minimum manning" section in a collective bargaining agreement. A balancing test was properly applied in determining that the issue was a mandatory subject of collective bargaining. Village of Oak Lawn v. Illinois Labor Relations Board, #1-10-3417, 2011 IL App (1st) 103417, 2011 Ill. App. Lexis 974 (1st Dist.).
     A California city is not required to bargain with the firefighters' union before deciding that firefighters must be laid off as a cost-saving measure. "A public employer must, however, give its employees an opportunity to bargain over the implementation of the decision, including the number of employees to be laid off, and the timing of the layoffs, as well as the effects of the layoffs on the workload and safety of the remaining employees." IAFF L-188 v. PERB (City of Richmond), #S172377, 2011 Cal. Lexis 516.
     FLRA upholds an arbitration award that found that management had violated the bargaining agreement by unilaterally implementing a policy that restricted when certain employees could use annual leave. Social Secur. Admin. and AFGE C-220, #0-AR-4485, 65 FLRA No. 70 (2010).
     Federal Labor Relations Authority affirms arbitration award that determined that the Border Patrol failed to bargain with the union over the implementation of changes to body armor requirements. D.H.S. Customs and Border Protection and AFGE Natl. Border Patrol Council, #0-AR-4494, 65 FLRA No. 23, 65 FLEA 88 (2010).
     State labor board overturns management’s decision to remove exercise equipment from fire stations. Firefighters had used the equipment for ten years, without a recorded injury, and the equipment was not purchased with city funds. City of Newton and F/F Assn, L-8632, #MUP-08-5369 (Mass. Lab. Rltns. 2010). Pennsylvania Supreme Court holds that a municipal employer must bargain with its police labor organization over a ban on the use of tobacco products in the workplace and in municipal vehicles. "While local legislation which promotes clean air and warns of the risks of tobacco use may be laudatory, it may not serve as a barrier to negotiations over this topic when it constitutes a working condition subject to mandatory bargaining." Bor. of Ellwood City v. Pa. Labor Rels. Bd., #44 WAP 2008, 2010 Pa. Lexis 1532.
     New York's highest court holds that management does not have to bargain a change from urine testing to radioimmunoassay hair testing for the drug screening of uniformed officers. City of New York v. Patrolmen's Benev. Assn., #205, 2009 NY Slip Op 9314, 2009 N.Y. Lexis 4486.
     In a failure to bargain charge, the New York Public Employment Relations Board overturns a police chief's order prohibiting the consumption of alcohol during the eight hours preceding duty periods. "… we conclude that the ... evidence clearly demonstrates that the City's prohibition against police officers consuming intoxicating beverages prior to reporting for duty is mission-related. However, we also concur... that there is no evidence ... to support the City's claim that the new eight-hour rule was necessary, or that the City faced a new or acute problem requiring a more stringent rule." N.Y. State Law Enf. Officers Union C-82, AFSCME L-2841 and City of Albany, PERB #U-27105, 2009 NYPER Lexis 33 (2009).
     Although Wisconsin sheriffs are not required to bargain or arbitrate impasses that impact a sheriff’s constitutional duties, the staffing of an x-ray and metal detector security screening station is not among those tasks. The sheriff was required to bargain the replacement of full-time bargaining unit deputies with part-time special deputies. Washington Co. v. Deputy Sheriff’s Assn., #2008AP1210, 2009 Wisc. App. Lexis 426 (2d Dist.).
    California appellate court holds that a municipality’s decision to lay off firefighters is not a mandatory subject of bargaining, although the effects of a layoff decision, such as workload and safety concerns, are negotiable. IAFF L-188 v. PERB (Richmond), #A114959, 2009 Cal. App. Lexis 373 (1st Dist.).
     With one exception, the D.C. Circuit finds that facial hair policies for customs officers are not negotiable because they safeguard CBP uniformed officers “by ensuring that they are readily identifiable to the public and by increasing the officers’ ability to effectively employ law enforcement techniques.” NTEU v. FLRA, #08-1015, 2008 U.S. App. Lexis 25581 (D.C. Cir.).
     Rhode Island court declines to hear a union’s request for an order enjoining the governor from increasing health care deductibles for state workers to compensate for a revenue shortfall. Although a governor lacks the authority to suspend state laws when he deems it expedient, the Labor Relations Board has the primary duty to expeditiously determine and enjoin unfair labor practices. Rhode Island C-94 AFSCME v. Carcieri, P.C.#08-5073, 2008 R.I. Super. Lexis 99 & 117, 185 LRRM (BNA) 2372 (R.I. Super. 2008).
     Federal appeals panel partially agrees that Custom’s management is not required to bargain over the agency’s grooming standards. Customs and Border Protection policy prohibits all facial hair other than beards maintained for medical reasons and “conservative” mustaches kept within “the corners of the mouth” and above “the upper vermillion of the lip.” It remanded a proposal addressing beards, because there was a lack of evidence about the use of respirators by customs officers. NTEU v. Labor Relations Auth., #081015, 2008 U.S. App. Lexis 25581 (D.C. Cir.).  
     Management violated the bargaining agreement when it began deducting federal taxes from firefighters' uniform allowances without negotiating with the union. The city could have opted to put the burden of tax payments on individual firefighters. City of Fostoria, Ohio and IAFF L-325, 125 LA (BNA) 801, FMCS Case #07/04793 (Larney, 2008).
     Appellate court holds that Boston must bargain over the issue of creating separate locker rooms for women sergeants. Although the bargaining agreement did not require rank-specific locker room space, the city provides rank-specific locker rooms for male supervising officers, but not for female sergeants. "Separate locker rooms alleviate potential tensions between superior officers and the patrol officers whom they are required to supervise and discipline." King v. City of Boston, #06-P-1013, 71 Mass. App. 460, 883 N.E.2d 316, 2008 Mass. App. Lexis 322, 103 FEP Cases (BNA) 54.
     A divided New Jersey Supreme Court dismisses a failure to bargain charge. Although Port Authority police officers were assigned to JFK airport, when another entity took over management of the international terminal, the Port Authority went out of the business of operating that facility. No officers were furloughed, and all were transferred to other assignments. In re Port Auth. v. Employment Relations Panel, A-6-2007, 194 N.J. 314, 944 A.2d 611, 2008 N.J. Lexis 313, 184 LRRM (BNA) 2016.
     Arbitrator holds that management "can set and enforce performance standards and enforce work rules [and a] party doesn't lose a contractual right just because it has not been put to use." However, management cannot suddenly begin to enforce a dormant right and must send the union formal notice with a reasonable future date of any intended implementation. County of San Bernardino and SEBA, 124 LA (BNA) 1645 (Grabuskie, 2008).
     Unpaid volunteer police officers are not entitled to rights of collective bargaining. Griffith v. Lanier, #07-7072, 2008 U.S. App. Lexis 7149 (D.C. Cir.).
     Appellate court sustains an unfair labor practice charge when management unilaterally transferred work of supervising state police dispatchers from members of a bargaining unit consisting of police officers to civilians that were represented by another labor organization. Penn. State Police v. PLRB, #2274-CD-2005, 912 A.2d 909,183 LRRM (BNA) 2923; appeal denied 928 A.2d 1292 (2007).
     California appellate court concludes that a public employer committed an unfair labor practice when it excluded members of the bargaining unit from parking in newly-built parking structures without first giving the association an opportunity to bargain over the issue. Calif. Faculty Assn. v. PERB (Cal. State Univ.), #C054725, 2008 Cal. App. Lexis 291 (3rd Dist.).
     A police chief may not deal directly with officers in matters of hours or terms of employment "because it violates the union's statutory right to speak exclusively for the employees who have elected it to serve as their sole representative." Where, however, management has reserved the "the right to assign each police officer to different work schedules," management is not obliged to bargain with the union. City of Marlborough and Police Patrol Officers' Assn., #MUP-03-3963 (Mass. Emp. Rel. Bd. 2008).
     Police Commissioner was entitled to judicial intervention reversing a Board of Collective Bargaining determination that officer drug testing by radioimmunoassay was a unilateral and impermissible change in conditions of employment and a mandatory subject of bargaining with the involved unions. City of New York v. PBA, #400007/07, 2007 N.Y. Misc. Lexis 8803.
     Appellate court confirms the right of a Pennsylvania municipality to adopt an ordinance that bans smoking in public buildings, overturning a Labor Board ruling that required the city to recognize a past practice. The ordinance did not prohibit employees from using tobacco while on duty; it only established that specific locations were smoke free. Bor. of Ellwood City v. Penna. Labor Rel. Bd., #473 C.D. 2007, 2008 Pa. Commw. Lexis 26.
     Arbitrator holds that management did not have a unilateral right to issue a policy on workplace violence that involved employee searches. Policies, rules, and regulations that affect wages, hours and other terms and conditions of employment are mandatory subjects of bargaining. City of Okmulgee. Okla. and FOP L-96, 124 LA (BNA) 423, FMCS Case #071120/51434-5 (Walker, 2007).
     "It is not bad faith for management to declare an end to the negotiations before an agreement on additional proposals is reached by declaring it has no duty to bargain over such proposals. The fact that the agency did, in fact, negotiate for a while does not mean it must continue to negotiate on matters which the agency has no duty to bargain over. The agency has a right to break off negotiations at any time when it is or has been discussing an issue upon which there is no duty to bargain." Federal Bureau of Prisons and AFGE L-801, FMCS #06/57219, 124 LA (BNA) 622 (Daly, 2007).
     Wisconsin appellate panel upholds a state Employment Relations Cmsn. determination that management's decision to eliminate three firefighter positions and return to a volunteer work force was a mandatory subject of bargaining, even if a budget shortfall arises due to the purchase of new fire truck. Edgerton Fire Prot. Dist. v. WERC, #2006-AP-000862, 2007 Wis.App. Lexis 717, 182 LRRM (BNA) 2928 (Unpub. 2007).
     A California municipality's decision to contract with the county sheriff for law enforcement services and to abolish own police department, is subject to the meet and confer requirements of the labor provisions in the Government Code. Rialto Police Benefit Assn. v. City of Rialto, #E039649, 155 Cal.App.4th 1295, 2007 Cal.App. Lexis 1653 (4th Dist.).
     Arbitrator finds that management violated the bargaining agreement by unilaterally adding a spousal surcharge or additional payment for health coverage. City of Painesville and IBEW L-673, 123 LA (BNA) 1563, FMCS Case #06/58893 (Cohen, 2007).
     Wisconsin sheriff violated the state's bargaining laws by outsourcing jail food preparation. "... the Sheriff's hiring and firing of personnel to provide food service to the county jail is not a time immemorial, principal, and important duty that characterizes and distinguishes the office of sheriff, and as such, is not within the Sheriff's constitutional powers." Kocken v. Wis. C-40 AFSCME, #2005AP2742, 2007 WI 72, 732 N.W.2d 828 2007 Wis. Lexis 400.
     Illinois appellate court concludes, 2-to-1, that issues relating to the promotion of firefighters to the next highest rank, although outside the bargaining unit, is a mandatory subject of bargaining. City of Bloomington v. Ill. Lab. Rel. Bd., #4-06-0774, 2007 WL 1343807, 181 LRRM (BNA) 3121 (4th Dist.).
     Massachusetts Labor Relations Commission rejects a union complaint that management failed to bargain over a change in promotional procedures. Although in the past the person with the highest exam score was promoted, the chief interviewed the candidates before making a selection. It was not an unfair labor practice to select a candidate with more experience. Town of Brookline and Brookline Police Assn., #MUP-04-4069 (2007).
     Appellate court sustains an arbitrator's finding that the management's new policy to reduce staffing on fire engines violated the bargaining agreement. The appellate panel found that the arbitrator's decision drew its essence from the agreement and the arbitrator did not exceed his authority when he gave "great weight" to the staffing requirement suggested by the NFPA. City of Dayton and IAFF L-136, # 21681, 2007-Ohio-1337, 2007 Ohio App. Lexis 1207 (2nd Dist.).
     Arbitrator holds that a county violated the bargaining agreement when it denied a promotion to a worker seeking an investigator position because she lacked an associate's degree, where there was nothing in the contract requiring the degree. Franklin County and Prof. Guild L-1960, 123 LA (BNA) 314, FMCS Case #6/59036 (Smith, 2006).
     Rhode Island fire district is entitled to summary judgment where there have been no unionized employees for more than 10 years and the parties have not had a bargaining agreement for more than 14 years. Lime Rock Fire District Inc. v. Fire Fighters L-3023, 2007 R.I. Super. Lexis 18, 181 L.R.R.M. (BNA) 2412 (R.I. Super.).
     A city's decision to hire retirees to overcome an acute shortage of police officers, which could not be remedied by the ordinary processes of recruitment and hiring, is a fundamental managerial policy decision and promotes public safety. Management has no duty to meet and confer with the affected bargaining units. Sacramento P.O.A. v. City of Sacramento, #C042493, Cal. App. Lexis 122 (3d App. Dist. 2007). [N/R]
     N.Y. appellate court concludes that management had a duty to bargain over creating police positions and staffing them with civilians and that the union had standing to raise the issue in court. Westchester Co. PBA v Westchester Co., #2005-02969, Index #9680/04, 2006 NY Slip Op 09456, 2006 N.Y. App. Div. Lexis 14953 (2nd App. Dept. 2006). [N/R]
     State Police had a duty to bargain over the replacement of troopers with civilians at regional dispatch centers. Penn. State Police v. Penn. Labor Rel. Bd., #2274 C.D. 2005, 2006 Pa. Commw. Lexis 671 (2006). [N/R]
     Arbitrator rules that management committed an unfair labor practice by failing to bargain over a union request for union stewards to travel while on duty to attend a national labor convention. Internal Rev. Serv. and NTUE, 122 LA (BNA) 1673 (Abrams. 2006). {N/R}
     New York appellate court rejects management's argument that it was not required to arbitrate a decision to stop reimbursement of Medicare premiums to retired firefighters. Although retired employees cannot initiate arbitration the union can act in their behalf, because the Medicare payments were recognized in the bargaining agreement. City of Elmira and IAFF L-709, #500650, 2006 NY Slip Op 08694, 2006 N.Y. App. Div. Lexis 13782 (2006). {N/R}
     Pennsylvania appellate court holds that a county violated the state's Public Employee Relations Act by failing to engage interest arbitration with the union before contracting with a private firm to provide food services at the prison. Snyder Co. Prison Bd. v. Penn. Labor Rel. Bd., #118 C.D. 2006, 2006 Pa. Commw. Lexis 631 (Pa. Commw. Ct. 2006), affirming #PERA-C-04-450-E (PERB 2005). {N/R}
     Massachusetts labor authority could require a city to adopt the firefighter union's proposal to switch to 24-hour shifts; the matter was within the scope of collective bargaining and thus subject to arbitration. Intl. Assn. of Fire Fighters L-2071 v. Bellingham, #05-P-516 67 Mass. App. Ct, 502, 854 N.E.2d 1005, 2006 Mass. App. Lexis 1013 (2006). {N/R}
     California city had no obligation to meet and confer with the POA bargaining representative before conducting a "Vehicle Stop Data Collection Study," designed to find out if police officers were engaging in racial profiling. Claremont Police Officers v. City of Claremont, #S120546, 39 Cal. 4th 623, 47 Cal.Rptr.3d 69, 2006 Cal. Lexis 9518, 180 LRRM (BNA) 2472 (Cal. 2006). {N/R}
     Although public agencies in California have a unilateral right to establish policy, management may be required to meet-and-confer with the union over implementation of the policy. Claremont POA v. City of Claremont, #S120546, 39 Cal. 4th 623, 47 Cal.Rptr.3d 69, 2006 Cal. Lexis 9518 (Cal. 2006). {N/R}
     Arbitrator holds that management had a duty to negotiate with the union before unilaterally implementing a policy to discipline civilian police employees for excessive wage garnishments. City of Cincinnati and AFSCME C-8, 122 LA (BNA) 622 (Immundo, 2006). {N/R}
     D.C. Circuit holds that the Dept. of Homeland Security cannot implement the labor relations portions of its personnel system [70 Fed. Reg. 5272, dated Feb. 1, 2005] because of the restriction on collective bargaining. N.T.E.U. v. Chertoff, #05-5436, 452 F.3d 839, 2006 U.S. App. Lexis 16083, 179 LRRM (BNA) 3073 (D.C. Cir. 2006). {N/R}
     Federal court declines to dismiss an ADA suit brought by a former police officer who had a severe allergy to tobacco smoke. City made no effort to implement a no-smoking policy with the police union. Thursby v. City of Scranton, #3:CV-02-2355, 2006 U.S. Dist. Lexis 33475 (M.D. Penn. 2006). [2006 FP Oct]
     National Labor Relations Board, in a 4-1 decision, concludes that private companies that provide passenger and baggage screening services at airports under a contract with the Transportation Security Administration are subject to collective bargaining. Firstline Transp. Security and Int. Union, Security, Police and Fire Prof., Case 17-RC-12354, 347 NLRB No. 40 (NLRB 2006). {N/R}
     NJ Public Employment Relations Cmsn. holds that an employer must bargain over the imposition of progressive discipline for sick leave abuses. Bor. of Roselle Park and P.B.A. L-27, P.E.R.C. #2006-85, Docket #SN-2006-033 (NJPERC 2006). {N/R}
     N J Public Employment Relations Cmsn. declines to find, as a matter of law, that management unlawfully installed videocameras in a hallway and at the front desk of a police station, without bargaining with the union. Because this was an issue of first impression neither party was entitled to judgment as a matter of law, and an evidentiary hearing is required. City of Paterson v. PBA L-1, Docket #CO-2005-138, P.E.R.C. #2006 -50, 32 NJPER 5; 2006 NJPER (LRP) Lexis 4 (NJPERC 2006).{N/R}
     Federal appeals court finds that Customs and Border Protection wrongfully reduced the number of hours for remedial firearms training without bargaining with the union. AFGE v. FLRA, D.C. Cir., #05-1268, 446 F.3d 162, 2006 U.S. App. Lexis 11237 (D.C. Cir. 2006). [2006 FP Aug]
     A Maryland city council may prohibit police lieutenants and higher ranks from engaging in collective bargaining. Mayor & City Council of Ocean City v. Bunting, #2484-2004, 168 Md.App. 134, 895 A.2d 1068, 2006 Md. App. Lexis 41, 179 LRRM (BNA) 2607 (Md. Spec. App. 2006). {N/R}
     Arbitrator upholds management's ending of a 4-10 workweek when the contract only provided for that schedule on a permissive, non-mandatory basis. Dayton FOP L-44 and City of Dayton, AAA # 52-390-00335-04 (Klein, 2006).{N/R}
     Michigan arbitrator finds that management did not violate a bargaining agreement when it unilaterally reverted from a 12-hour shift schedule to an eight-hour shift schedule. City of Jackson and Police Labor Council L-70, 121 LA (BNA) 1582 (McDonald, 2005; rptd. 2006).{N/R}
     New York municipalities have exclusive authority to make initial eligibility determinations, and it is not a mandatory subject of bargaining. Poughkeepsie Prof. Firefighters' Assn. v New York St. Pub. Empl. Relations Bd., #2006-33, 2006 N.Y. Lexis 569, 2006 NY Slip Op 2289 (2006). {N/R}
     New York's highest court finds a strong public policy supporting management authority, and holds that a city has no duty to bargain with the unions over disciplinary procedure or review by arbitration. Patrolmen's Benev. Assn. of City of N.Y. v. N.Y. State Pub. Empl. Relations Bd.; Town of Orangetown v. PBA, #32 & 34, 2006 N.Y. Lexis 584 (2006). [2006 FP May]
     Pennsylvania appellate court holds that a municipality cannot pass an ordinance that lessens the benefits of retired police officers, which benefits were earned in conformity with a valid collective bargaining agreement. Wilkes-Barre Twp. v. Penn. Lab. Rel. Bd., # 2648 C.D. 2004, 878 A.2d 977, 2005 Pa. Commw. Lexis 358, 178 LRRM (BNA) 2859 (2005). {N/R}
     Federal appeals court overturns a FLRA ruling that excused the Customs Service from bargaining with the union over a proposal to allow armed agents to make shopping and convenience stops between their residences and work. The record did not support the FLRA's determination because there was no explanation for a conclusion that the agency's interests outweighed the benefits to the employees. NTEU v. FLRA, #04-1433, 2006 U.S. App. Lexis 3793 (D.C. Cir. 2006). {N/R}
     Arbitrator holds that management violated the bargaining agreement when it denied male police officers use of sick leave for paternity purposes; although city was following its policy, employees had not been notified of policy, and unions were not given an opportunity to respond. City of Farmington Hills and Police Officers Assn., AAA Case No. 54-390-00146-04 , 121 LA (BNA) 569 (Daniel, 2005). {N/R}
     In a 2-to-1 decision, an Illinois appellate court concludes that management did not commit an unfair labor practice by failing to bargain with unions over the issue of parking fees. Univ. of Ill. v. Lab. Rel. Bd. (FOP), #4-04-0484, 361 Ill.App.3d 256, 836 N.E.2d 187, 2005 Ill. App. Lexis 1008; Univ. of Ill. v. Lab. Rel. Bd. (SIEU), #4-04-0359, 359 Ill.App.3d 1116, 836 N.E.2d 199, 2005 Ill. App. Lexis 1007 (4th Dist. 2005). {N/R}
     Federal Labor Relations Authority orders Customs and Border Protection to negotiate with the union over the employees' ability to wear cargo shorts. N.T.E.U. v. Dept. of Homeland Security, 61 FLRA No. 7, 2005 FLRA Lexis 93 (2005). [2006 FP Feb]
     Arbitrator rules that Customs and Border Protection adopted a new Personal Appearance Standard without first bargaining with the union. He found no evidence that bargaining would impair the agency's mission. U.S. Bureau of Customs & Border Prot., and N.T.E.U., 43 (2133) G.E.R.R. (BNA) 1159 (Vaughn, 2005). {N/R}
     Illinois appellate court holds that a university did not have to bargain with the police union over changes in employee parking arrangements. Bd. of Tr. of the Univ. of Illinois v. IL Lab. Rel. Bd., #4-04-0484, 2005 Ill. App. Lexis 1007 (4th Dist. 2005). {N/R}
     Arbitrator sustains a union grievance after a dispatcher volunteered to perform clerical work for $3 an hour less pay. A member of a bargaining unit cannot make a side deal with the employer. City of Fairbanks and Public Safety Employees Assn., 121 LA (BNA) 978 (Savage, 2005). [2006 FP Jan]
     Massachusetts Labor Relations Commission holds that a town improperly negotiated directly with a member of a bargaining unit and offered to create a light duty position, where no such assignment previously existed, and improperly terminated the officer when she refused the position. Town of Harwich and Harwich Police Feder., #MUP-01-2960 (Mass. Lab. Rel. Cmsn. 2005). [2005 FP Sep]
     New York appellate court finds that a city is not required to bargain with a union over arbitration of employee disability benefits. Poughkeepsie Firefighters L-596 v. N.Y. PERB, #96151, 792 N.Y.S.2d 637, 2005 N.Y. App. Div. Lexis 2393 (App. Div. 3d Dept. 2005). [2005 FP Aug]
     Minnesota appellate court concludes that management could unilaterally impose a random drug-testing program for safety-sensitive positions, but must bargain with the union over implementation of the final plan. Law Enf. Labor Services, Inc. L-158 v. Sherburne Co., #A04-1474, 695 N.W.2d 630, 2005 Minn. App. Lexis 467, 177 LRRM (BNA) 2242 (Minn. App. 2005). {N/R}
     The Illinois Labor Relations Board's General Counsel agrees that a city can reduce the number of fire captains after a retirement, but must bargain with the firefighters' union over the impact of the decision. Effingham Fire Fighters Assn., L-3084 and City of Effingham, #S-CA-03-144, 21 PERI 11, 2005 PERI (LRP) Lexis 8 (2005). {N/R}
     N.Y. PERB reiterates the general rule that management cannot negotiate different benefits with a member of the bargaining unit. It is a separate and additional violation to provide one or more members of a bargaining unit with benefits in excess of those specified in the bargaining agreement, regardless of management's motivation or intent, "because such actions are inherently destructive of a union's representation rights." East Rochester PBA and East Rochester, # U-25111, 38 NYPER (LRP) P4503; 2005 NYPER (LRP) Lexis 12 (NY PERB, 2005). {N/R}
     New York appellate court affirms a holding that various disciplinary procedures, record expungements, the timing of trials and the interrogation of officers were non bargainable subjects that would infringe on the statutory powers of the police commissioner. Patr. Benev. Assn. of City of N.Y. v. N.Y. State P.E.R.B., #96120, 13 A.D.3d 879, 786 N.Y.S.2d 269, 2004 N.Y. App. Div. Lexis 15282, 176 LRRM (BNA) 2828 (2004). [2005 FP Jun]
     Arbitrator holds that management did not violate the bargaining agreement by requiring new enrollees in the health plan to document the status of persons they claim as dependents. Enrollment procedures are an administrative matter and the process does not confer a benefit on employees. Milwaukee Bd. of Sch. v. Teachers Educ. Assn. 120 LA 279 (Winton 2004). {N/R}
     Massachusetts Labor Cmsn. orders a town to bargain over the use of new defibrillators. The bargaining demand was not waived by the union's silence until after the defibrillator training was completed. Town of Somerset and IBPO L-518, #MUP-01-2957 (Mass. Labor Cmsn., 2004). [2004 FP Dec]
     Massachusetts Labor Relations Cmsn. decides that a city is required to bargain over changes to its "Paid detail system" of selecting outside employment assignments. City of Boston and Boston Police Patrolmen's Assn, No. MUP-1758 (MLRC 2004). {N/R}
     Illinois Labor Relations Board agrees with a police union that a change in parking fees for employees is a mandatory subject of bargaining, because it affected the terms and conditions of employment and did not involve matters of inherent managerial authority. Illinois FOP Labor Council v. Bd. of Trustees, Univ. of Illinois, #S-CA-02-038, 20 PERI 84, 2004 PERI (LRP) Lexis 68 (Ill. Lab. Bd. 2004). {N/R}
     California Court of Appeal holds that, to remedy a short-term staffing shortage, a city can hire retired police officers, and does not have to bargain that issue with the union. Sacramento Police Officers Assn. v. City of Sacramento, #C042493, 117 Cal. App. 4th 1289, 174 LRRM (BNA) 3085 (3rd App. Dist. 2004). {N/R}
     Arbitrator holds that a transit authority violated the bargaining agreement when it unilaterally changed the workweek of certain employees from four 10-hour days to five eight-hour days. Bi-State Devel. Agency and ATU L-788, FMCS #041211/02174-7, 119 LA (BNA) 1588 (Pratte, 2004). {N/R}
     New Jersey Public Employment Relations Cmsn. restrains arbitration over the issue of whether an officer, who was sued after a shooting, should be re-armed. The issue is not arbitrable because an award could limit a city's policymaking power to determine the conditions it allows officers to be armed. City of Newark v. F.O.P. Lodge 12, #SN-2004-13, P.E.R.C. #2004-36, 2003 NJPER (LRP) Lexis 176, 29 NJPER 174 (N.J. PERC 2003). [2004 FP Nov]
     FLRA regional office concludes that management, in creating a physical fitness program for Pentagon police officers, was not required to bargain over a grandfather exemption clause or the creation of a medical review and physical fitness board. Pentagon Force Protection Agency and Frat. Order of Police DPS Labor Committee, FLRA Case #WA-CA-04-0251 (Wash. Region, 2004). [2004 FP Aug]
     California Supreme Court stays and depublishes an appellate court decision that held that a city must bargain with the union over the adoption of a traffic stops "profiling" policy that was implemented to prevent racial profiling; the justices will hear the city's appeal. Claremont POA v. City of Claremont, #S120546, 82 P.3d 747, 8 Cal.Rptr.3d 541, 2004 Cal. Lexis 11; prior decis. at 112 Cal.App.4th 639, 2003 Cal. App. Lexis 1529 (3d Dist. 2003). {N/R}
     N.Y. appellate court holds that a city is not required to bargain with a union over its disciplinary review system, which predated the bargaining law. City of Mount Vernon v. Cuevas, #89644, 733 N.Y.S.2d 793, 2001 N.Y. App. Div. Lexis 11678 (3rd Dept. 2001). {N/R}
     Where there was no established past practice and the bargaining agreement was silent, management could unilaterally increase the number of firefighters used as "floaters." Anderson Twp. and A.T. Prof F/F, IAFF L-3111, FMCS Case #03/02863, 118 LA (BNA) 1801 (Goldberg, 2003). {N/R}
     The FLRA annuls management's attempt to abolish 4-10 shifts for INS agents without bargaining. Dept. of Justice, INS and AFGE L-505, #SF-CA-02-0506, 2003 FLRA Lexis 175, 59 FLRA No. 56 (FLRA 2003). {N/R}
     Connecticut rules that management can unilaterally adopt a rule against police officers using personal cellphones while on duty. Town of Wallingford and AFSCME- L-1570, Case #MPP-21,187, Decision #3902 (Conn. Bd. Lab. Rel. 2003). [2004 FP Feb]
     Federal court dismisses a suit seeking to require the DHS to bargain with airport security screeners. There is no 1st or 5th amendment duty for a public agency to bargain with its union members, and there was a rational reason for the Congress not to include screeners in the statutory plan of federal bargaining. AFGE, TSA L-1 v. Loy, #03-1719 & 03-0043, 281 F.Supp.2d 59, 2003 U.S. Dist. Lexis 15750, 173 LRRM (BNA) 2358; AFGE, TSA L-1 v. Loy, #03-0043, 41 (2033) G.E.R.R. (BNA) 1121 (D.D.C. 2003). [2004 FP Jan]
     Arbitrator denies a grievance that an employer eliminated the "verbal warning" stage from the discipline matrix for smoking violations. Smoking rules are more serious and "fine tuning" of a penalty for given violations is traditionally considered to be a subject upon which arbitrators are not to substitute their judgment for that of the employer. Fairfield Mfg. and UAW L-2317, 118 LA (BNA) 1485, AAA #52-300-00598-02 (Fullmer, 2003), citing Stockham Pipe Fittings Co., 1 LA (BNA) 160 at 162 (McCoy, 1945). {N/R}
     Arbitrator holds that a county did not violate the collective-bargaining agreement when it negotiated a new health plan. Some employees were disadvantaged by the changes, and others benefited. Clark County [Ohio] Sheriff and FOP, 118 LA (BNA) 1493, FMCS #02/04119 (Graham, 2003). [2004 FP Jan]
     California appeals court holds that a city must bargain with the union over the adoption of a traffic stops policy that was implemented to prevent racial profiling. Claremont POA v. City of Claremont, #B163219, 112 Cal.App.4th 639, 2003 Cal. App. Lexis 1529 (3d Dist. 2003). [Dec FP 2003]
     Federal Labor Relations Authority holds that Transportation Security Administration airport screeners were lawfully exempted from the federal employee bargaining rights. Dept. of Homeland Security and AFGE, #WA-RP-03-0023, 41 (2017) G.E.R.R. (BNA) 72 (FLRA Boston Reg. decis. 7/7/03). {N/R}
    Collective Bargaining - Duty to Bargain Illinois appellate court holds that a sheriff could not require jail officers to dispense medications without bargaining with the union, and to arbitrate any impasse. Rock Island Co. Sheriff v. AFSCME L-2025, #3-03-0052, 2003 Ill. App. Lexis 634 (3rd Dist. 2003). [2003 FP Aug]
     Seventh Circuit holds that an employer was required to bargain with the union over the use of covert videocameras in the workplace. National Steel v. NLRB, #01-3798, 324 F.3d 928, 2003 U.S. App. Lexis 6515, 172 LRRM (BNA) 2154 (7th Cir. 2003). {N/R}
     Illinois appellate court concludes that a dispute of whether overtime pay for sheriff's deputies should be given as direct salary or comp. time is a bargaining issue and subject to mandatory arbitration. The fact that there was a past practice of awarding comp. time is not determinative. County of St. Clair v. Illinois F.O.P., #5-01-0990, 2003 Ill. App. Lexis 552 (5th Dist. 2003). {N/R}
     Management did not violate the bargaining agreement when it changed merit rules without bargaining with peace officers' union, where the agency followed a long-time past practice of developing new rules through work groups involving all agency employee units, and where the union was invited to participate. San Diego School Dist. and Schools Peace Officers Assn., 118 LA (BNA) 247, Calif. St. Mediation & Conciliation Serv. Case #ARB-01-0468 (Riker, 2003). {N/R}
     N.Y. appellate court upholds a Employment Relations Board decision that a police union was guilty of an Unfair Labor Practice for refusing to bargain with management on the one vs. two-officer patrol car issue. Buffalo PBA v. N.Y. State P.E.R.B., #TP02-01319, 752 N.Y.S.2d 498, 2002 N.Y. App. Div. Lexis 12899 (2002). {N/R}
     Pennsylvania Supreme Court holds that the State Police did not commit an "unfair labor practice" when it unilaterally ceased to provide pretermination hearings for probationary troopers, despite a past practice of holding hearings. Because the State Police has the discretion to summarily dismiss probationary troopers, there is no rational relationship between the hearings and the terms and conditions of employment. Penn. State Police v. Penn. Labor Relations Bd. ex rel. Penn. State Troopers Assn., #162 MAP 2001, 810 A.2d 1240, 2002 Pa. Lexis 2427, 171 LRRM (BNA) 2633 (Pa. 2002). [2003 FP Apr]
     A Los Angeles County Superior Court has refused to issue a restraining order preventing the sheriff from implementing a new sexual harassment policy without first engaging the union under the state's "meet and confer" bargaining law. The union claimed the revised policy widens the conduct that could result in disciplinary action and changes how harassment complaints will be investigated. Assn. for L.A. Deputy Sheriffs v. L.A. Co., #BC-288744, 41 (1996) G.E.R.R. (BNA) 159 (Cal.Super. 1/17/03). {N/R}
     Massachusetts Supreme Court holds that management has no obligation to bargain with the police union over adopting a new policy requiring officers to enforce school attendance laws. City of Worcester v. Labor Relations Cmsn., #SJC-08712, 438 Mass. 177, 779 N.E.2d 630, 2002 Mass. Lexis 857 (2002). [2003 FP Mar]
     New York judge annuls a pay raise for sheriff's pilot; management failed to bargain the increase with the union. Putnam Co. PBA and Co. of Putnam Sheriff, #U-23036, 35 NYPER (LRP) P4561, 2002 NYPER (LRP) Lexis 159 (NY PERB-ALJ 2002). [2003 FP Mar]
     Pennsylvania appellate court holds that management did not have to bargain over a change in weight given to test components of the state police promotional procedures. The change did not impact on police duties. Penn State Troopers Assn. v. PLRB, # 698 CD 2002, 809 A.2d 422, 2002 Pa. Commw. Lexis 847, 171 LRRM (BNA) 2223 (Pa. Commw. Ct. 2002). {N/R}
     Arbitrator annuls a new dress code for the Prison health service. A physician's assistant could continue to wear "hospital scrubs" while on duty; this was a mandatory bargain issue. Federal Bur. of Prisons and Council of Prison Locals, AFGE L-992, FMCS Case #01/030L6, 117 LA (BNA) 515 (Neas, 2002). [2002 FP Dec]
     The Federal Labor Relations Authority holds that management has no duty to bargain over a union proposal to limit the number of people who would have access to home phone numbers, as the proposal would interfere with management's right to assign work. AFGE L-2280 and Veterans Affairs Med. Ctr., 57 FLRA No. 158 (FLRA 2002). {N/R}
     Labor board finds that an employee, who criticized management in a union newsletter, was protected against disciplinary action by engaging in "concerted activity." Phoenix Transit Sys. and Amal. Transit Union L-1433, #28-CA-15177, 2002 NLRB Lexis 170, 337 NLRB No. 78 (NLRB 2002). [2002 FP Aug]
     Arbitrator overturns a management decision to assign BoP facility officers to escort inmates to and from a clinic. It was a change of conditions and must be bargained. U.S. Fed. Bur. of Prisons and AFGE L-33, FMCS Case #01/11682, 116 LA (BNA) 1271 (Moore, 2002). [2002 FP Jul]
     Ninth Circuit overturns the Federal Labor Relation's decision to order the Dept. of Interior to bargain with the union over premium pay. The issue of "Sunday premium pay" was not properly preserved for bargaining. Dept. of Interior v. FLRA, #00-70862, 279 F.3d 762, 169 LRRM (BNA) 2333, 2002 U.S. App. Lexis 1251 (9th Cir.) [N/R]
     Ohio appeals court holds that a city had to bargain before increasing the number of eligible captains and firefighters who qualify for promotions. Steubenville Firefighters L-228 v. City of Steubenville, #00 JE 5, 2001 Ohio App. Lexis 4527 (7th Dist. Ohio App. 2001). [2002 FP Mar]
     FLRA affirms an arbitrator's ruling that a federal employer was not required to bargain over a unilateral implementation of penalties for computer security violations. Social Security Adm. and AFGE-GC, #0-AR-3381, 2001 FLRA Lexis 110, 57 FLRA No. 85 p. 459 (FLRA, 2001). [2002 FP Mar]
     Arbitrator declines to sanction a public employer that refused to adopt union demands for expanded smoking facilities. The law does not require compromises or agreement by either party to bargaining sessions, and none of the usual indicia of bad faith negotiation tactics were present. Regional Transp. Dist. and A.T.U, 115 LA (BNA) 1703 (Wyman, 1995). [2001 FP 150]
     Arbitrator holds that firefighters were not required to maintain the lawns of adjacent property acquired by the fire dept., even though the fire prevention office occupied part of the additions. Boardman Twp. and IAFF L-1176, FMCS #01/01427, 115 LA (BNA) 1021 (Lalka, 2001). [2001 FP 132-3]
     Procedures to contest a determination of a police officer's eligibility for continued salary, during the recovery from a job-related injury or illness, was a mandatory subject of bargaining. Watertown v. New York Public Employment Rel. Bd., 95 N.Y.2d 73, 733 N.E.2d 171, 711 N.Y.S.2d 99, 2000 N.Y. Lexis 902, 165 LRRM (BNA) 2165 (N.Y. 2001). {N/R}
     Arbitrator holds that management failed to conform to its past practice to provide laser eye surgery coverage when it refused the benefits to two employees. Although the health plan specified that coverage was not included, management said during negotiations that existing coverage would remain substantially unchanged after a new plan was instituted. Austintown Twp. and FOP L-126, AAA #53-390-00478-00, 115 LA (BNA) 1392 (Sharpe, 2001). {N/R}
     City, for valid financial reasons, could not unilaterally change the benefits paid on its health plan, where the bargaining agreement prohibited a reduction of benefits. Arbitrator holds that past practices were not controlling. Norman (City of) and FOP L-122, FMCS #00/15703-8, 115 LA (BNA) 827 (McReynolds, 2001). [2001 FP 83]
     Wisconsin arbitrator holds that a town violated the bargaining contract, which provided that management could change insurance carriers provided that benefits remained equivalent. Oconomowoc (Town of) and Wis. Prof. Police Assn., Grievances #98-311 & 00-220, 115 LA (BNA) 169 (Petersen, 2000). [2001 FP 83-4]
     Michigan arbitrator finds that management violated the bargaining agreement when it adopted new health plan that increased the employee co-pay from $10 to $15. Muskegon Co. and AFSCME C-25, L-570, AAA # 54-390-00712-00, 115 LA (BNA) 1239 (McDonald, 2001). {N/R}
     FLRA orders management to reinstate smoking areas in a fire station and to bargain over any changes. Air Force Mater. Cmd., Wright-Patterson AFB and IAFF L-F88, #CH-CA-70577, 2000 FLRA Lexis 139, 56 FLRA No. 118 (FLRA 2000). [2001 FP 3-4]
     FLRA upholds a management order requiring decals on employee vehicles parked on agency premises. The union claimed that stickers could make employees targets of terrorist attacks when off base. Management has a right to determine its internal security practices. AFGE L-1904 and Army Comm., Ft. Monmouth, #0-NG-2512-001, 2000 FLRA Lexis 152, 56 FLRA No. 131, 39 (1893) G.E.R.R. (BNA) 48 (9/28/00). {N/R}
     Arbitrator holds that management could establish clothing requirements for detective rank and require officers to wear soft body armor without bargaining. Ossining (Town of) and Ossining Police Assn., NY-PERB Case #A99-195, 114 LA (BNA) 1761, 39 (1895) G.E.R.R. (BNA) 122 (Henner, 2000). [2001 FP 29]
     City could not discontinue making bonus payments to captains without negotiating the issue with the union, even though the bargaining agreement was silent. Boston v. Labor Rel. Cmsn., #97P-1232, 48 Mass.App.Ct. 169, 718 N.E.2d 875, 1999 Mass. App. Lexis 1127, 162 LRRM (BNA) 2775. [2000 FP 99]
     In a 4-3 decision, New York's highest court holds that a city must bargain over mandatory surgery or return to duty orders to disabled officers and firefighters, when the fitness-for-duty determination is disputed. Watertown (City of) v. N.Y. P.E.R.B., #38, 95 N.Y.2d 73, 733 N.E.2d 171, 2000 N.Y. Lexis 902, 165 LRRM (BNA) 2165. [2000 FP 99-100]
     New Hampshire city was not required to bargain the abolition of a disciplinary hearing board when it replaced that step with a hearing before the chief of police. Manchester (App. of City of) and N.H.P.E.R.L.B., 743 A.2d 821, 1999 N.H. Lexis 127, 163 LRRM (BNA) 2568. [2000 FP 68]
     Minnesota appellate court holds that the adoption of a response-time residency requirement is a managerial right, and is therefore not subject to mandatory bargaining. Law Enf. Labor Serv. v. Co. of Cook, #C0-99-397, 1999 Minn. App. Lexis 1045 (Unpub.). [2000 FP 19-20]
     Non home rule communities in Illinois cannot be forced to bargain over arbitration to replace civil service, for disciplinary actions. Adams Co. Sheriff (Nall) v. IAMAW L-822, 719 N.E.2d 300, 1999 Ill. App. Lexis 769; appeal denied, 187 Ill.2d 565, 724 N.E.2d 1266, 2000 Ill. Lexis 140 (2000). [2000 FP 20]
     Illinois amends its statutes to provide that in non home rule communities, a governmental entity may, but is not required to bargain with the union, over whether disciplinary determinations shall be heard by a statutory board of fire and commissioners or before an impartial arbitrator. 65 ILCS 5/10-2.1-17; P.A. 91-650, eff. 11-30-99. {N/R}.
     City that unilaterally changed the police work periods from 4/10 to 5/8 failed to bargain the change of a past practice. Arbitrator awards the affected officers an estimated $20,000 each. Anchorage Police Dept. Emplees. Assn. and Anchorage, AAA Case #75-L390-00142-97 (Gaunt, 1998, 1999). [2000 FP 3] Update: The parties agreed to a $2.02 million settlement, which $1.9 million less than the city would have had to pay if it lost its appeal, LRIS e-news 12/4/2000.
     INS ordered to stop implementation of its side handle baton program prior to completion of negotiations with the union. INS and AFGE, #DA-CA-30370, 1999 FLRA Lexis 201, ALJ Dec. No. 144, 55 FLRA 93 (9-17-1999) and 1999 FLRA Lexis 4, 55 FLRA No. 20 (1-121999). {N/R}
     Correction officer's eligibility to perform light-duty work after he was given total-disability status is not arbitrable. N.Y. state law allows a municipality to order officers to perform light duty. Barnes v. C-82 AFSCME, 690 N.Y.S.2d 334, 1999 N.Y. App.Div. Lexis 5554, 162 LRRM (BNA) 2445 (1999). {N/R}
     Arbitrator rejects a grievance that a fire chief acted outside his managerial rights in issuing pagers to all members, and requiring a 20 minute callback response. Pleasantview Fire Prot. Dist. and IFFA-SEIU L-73, 113 LA (BNA) 388 (Goldstein, 1999). [2000 FP 36-7]
     There is no duty to bargain over the issue of overlapping vacations; there is a managerial prerogative to set and change minimum staffing levels at the employer's discretion. Carmel PBA v. NY-PERB, #85417, 701 N.Y.S.2d 169, 1999 N.Y. App. Div. Lexis 13263. {N/R}
     An employer had a duty to bargain before it ended a 14-year practice of giving employees an annual bonus. Cont. Carbon Co. and OCAW L-5-857, FMCS Case No. 00/09495, 114 LA (BNA) 1263 (Chumley, 2000). {N/R}
     A city violated the bargaining agreement by changing a firefighter's work shift mid-year, where the 10-year past practice of making changes only at the beginning of a year; predictability and stability to arrange an employee's family and personal were important. City of Claremont and IAFF L-1077, FMCS #00/0406-08749-8, 114 LA (BNA) 936 (Crider, 2000). {N/R}
     City did not have to bargain over the creation of a police civilian review board. F.O.P. L-5 v. Penn. Labor Rel. Bd. 27 A.2d 1187, 1999 Pa.Commw. Lexis 217. [1999 FP 163-4]
     Police dept. did not have to bargain over a revised citizen complaint procedure, requiring that even trivial complaints be reported to the chief on numbered forms. Canton (City of) and Canton Police Assn., FMCS Case #99/00620-6, 112 LA (BNA) 454 (Skulina, 1999). [1999 FP 147]
     Arbitrator holds that management is free to substitute a different health plan, without resorting to bargaining, even if some provisions are not as favorable to employees, if the plan as a whole provides similar or greater benefits to workers. Whayne and United S.W.A. L-9106, AAA #52-300-00314-98, 111 LA (BNA) 940 (Imundo, 1998). [1999 FP 115-6]
     County jail required to bargain with employees over the use of nametag IDs. Jail nurses not required to prove an actual danger to trigger mandatory bargaining of a safety-related issue. King Co. v. Wash. PERC, #42854-3-1, 972 P.2d 130, 1999 Wash. App. Lexis 389, 161 LRRM (BNA) 2046. [1999 FP 99]
     Divided Supreme Court finds that a federal agency has a legal duty to bargain with unions during the life of a contract agreement. Natl. Fedn. Fed. Emp. v. Dept. of Interior, 97-1184; F.L.R.A. v. Dept. of Interior, 97-12, 1999 U.S. Lexis 1710, 526 U.S. 86, 119 S.Ct. 1003. [1999 FP 68]
     Sheriff had no duty to bargain with the union before seeking decertification of 31 officers who had never qualified properly for their initial appointments. There had been "widespread corruption in the hiring process." Cook (Co. of) and IL Labor Rltns. Bd., #1-96-0465 & #1-97-2612, 302 Ill.App.3d 682, 707 N.E.2d 176, 1998 Ill.App. Lexis 903. [1999 FP 51]
     Pennsylvania appellate court finds that a city has a managerial prerogative (and need not bargain) when it reduces the minimum service requirement for promotional positions. FOP Rose of Sharon, L-3 v. Pa. Lab. Rel. Bd., 729 A.2d 1278, 1999 Pa. Commw. Lexis 428 161 LRRM (BNA) 2554. {N/R}.
     Management could not prohibit employees sending personal e-mail without bargaining with the union. The new rule was a change in working conditions. Treas. Dept., I.R.S. and N.T.E.U. L-36, #CH-CA-70509, 1998 FLRA Lexis 194, 1998 ALJ Dec 137. [1999 FP 5]
     Unilaterally implementing a requirement that firefighters undergo and pass, respirator fitness examinations was mandatorily negotiable. Utica Prof. F/F L-32 and City of Utica, N.Y. PERB #U-18370, 32 NYPER (LRP) P4570, 1999 NYPER (LRP) Lexis 99 (1999). {N/R}
     Federal labor panel holds that management must bargain for a smoke-free firehouse, even though the bargaining agreement bans smoking in the facility. Dept. of Air Force, Wright-Patterson AFB and IAFF L-88, #CH-CA-70577, 38 (1850) G.E.R.R. 248, 1999 FLRA Lexis 259, 55 FLRA No. 159, v.55/p.968. [2000 FP 76]
     Pennsylvania appellate court halts management's adoption of a performance-related system to select members of its police SWAT team, without bargaining with the union over the method of selection. Delaware Co. L-27, FOP v. Penn. Lab. Rltns. Bd., 694 A.2d 1142, 1997 Pa. Commw. Lexis 224, reversing 1996 PPER (LRP) Lexis 116 (Pa.Lab.Rel.Bd.). [1998 FP 51-2]
     NY holds that arbitration replace a statutory disciplinary procedure, instead of allowing employees the choice, is a mandatory subject of bargaining. Creedon PBA and City of Utica, Case #U-19283, 31 NYPERB (LRP) ¶ 3045, 1998 NYPER (LRP) Lexis 196 (1998).
     NJ rules that a request to exempt firefighters from a city's residency requirement is a mandatory subject of bargaining. City of Perth Amboy, 24 NJ PER §29006 (1998).
     Michigan Employment Relations Cmsn. annuls a management requirement that police officers must sign a liability release form when they submit to an involuntary psychological examination. Oak Park (City of) and P.O.A. of Mich., 1997 MPER Lexis 12 (Mich. Emp.Rel.Cmsn.). [1998 FP 11]
     Employer had a duty to bargain over imposing a requirement that corrections officers document leave requests to attend medical appointments. Although the Civil Service Manual required proof of illness, the manual did not preempt a statutory duty to bargain over sick leave procedures. State of N.Y. Dept. of Corr. Serv., 31 NY PERB § 3065 (1998). {N/R}
     A demand to exempt firefighters from residency requirements was a mandatory subject of bargaining in New Jersey. City of Perth Amboy, NJ PER § 29006 (1998). {N/R}
     Management's decision to introduce time clocks was a managerial prerogative, and not subject to bargaining. Penna. Dept. of Corrections, 29 PPER § 29022 (1998). {N/R}
     Length of qualifying time for eligibility for promotion was a management prerogative. City of Sharon, 29 PPER § 29147 (1998). {N/R}
     Binding arbitration, in lieu of Civil Service disciplinary trials in New York, was mandatorily negotiable. Creedon PBA and City of Utica, NY PERB U-19283, 31 NYPER (LRP) P3045, 1998 NYPER (LRP) Lexis 196 (1998), citing Cohoes (City of) and Unif. F/F L-2562, NY PERB U-17838 and U-17875, 31 NYPER (LRP) P3020, 1998 NYPER (LRP) Lexis 156 (1998).{N/R}
     Management can agree to non precedent-setting settlement agreements with an employee, even under protest from the bargaining unit. City of Tampa and Hillsb. Co. PBA, 109 LA (BNA) 453 (Sill, 1997). {N/R}
     Illinois Library District was part of the Village for the purposes of counting the minimum number of municipal employees for collective bargaining purposes. Peoria Heights and IL FOP Labor Council, 12 PERI 2018, 1996 PERI (LRP) Lexis 57. [1997 FP 53]
     Pennsylvania appellate court holds that a municipality has no duty to bargain with a one-person bargaining unit. Alcaraz v. Pa. Lab. Rel. Bd., 678 A.2d 1234 (Pa.Cmwlth. 1996). [1997 FP 53]
     Management had a duty to bargain with firefighters' union before implementing a mandatory agility test, where discipline could be imposed on those who declined to participate. Meridian (Twp. of) and F/F Assn. of Mich., MERC #C95-H-174, 9 MPER (LRP) ¶ 27,057, 1996 MPER (LRP) Lexis 38. [1997 FP 20]
     City must bargain with union before it changes the procedure of how it determines eligibility for disability pensions, even though the change was to conform with specific language in the city charter. A longstanding past practice can "amend" the language in a charter or contract. Detroit Police Off. Assn. v. City of Detroit, 452 Mich. 339, 551 N.W.2d 349, 1996 Mich. Lexis 1660. [1997 FP 24-5]
     Appellate court in New Jersey holds that the state's Public Employment Relations Commission properly concluded that a public employer violated its duty to bargain by unilaterally adopting a requirement that police applicants repay their training costs in the event of severance within two years after completion of their academy training. The court rejected the employer's argument that the provision was not term and condition of employment because it became effective only after employment ceased. New Jersey Transit Auth. v. N.J. Transit PBA L-304, #A-5710-96T5, 314 N.J. Super. 129, 714 A.2d 329, 1998 N.J. Super. Lexis 342, 158 LRRM (BNA) 3064 (1998), affirming #97-125, 23 NJPER (LRP) 28,137, 1997 NJPER (LRP) Lexis 61 (NJ-PERC, 1997). {N/R}
     Management violated its bargaining obligation by unilaterally instituting a sick-leave abuse standard and by changing the sick leave policy to require police officers to present a doctor's note after only one sick day instead of after three consecutive sick days. Cleona Bor. PPOA v. Cleona Borough, #PF-C-96-71-E and 72-E, 27 PPER (LRP) ¶ 27,239; 1996 PPER (LRP) Lexis 200 (Pa.Lab.Rel.Bd.). {N/R}
     Illinois appellate court concludes that a county had to bargain with the union before implementing a requirement that jail personnel returning from an extended leave must be screened for drug abuse. Cook (Co. of) v. Lic. Prac. Nurses Assn., 671 N.E.2d 787, 1996 Ill.App. Lexis 749. [1997 FP 4-5]
     FLRA judge finds that a federal agency improperly imposed a grooming policy without negotiating with the union. Natl. Gal. of Art and AFGE L-1831, 1995 FLRA Lexis 7. [1996 FP 168-9]
     Arbitrator sets aside a management directive requiring police officers to inspect their vehicles prior to use; unilateral imposition of maintenance duties, without resort to the bargaining process, was improper. Portsmouth Police Cmsn. and IBPO L-402, 26 (8) LAIG #5197 (AAA) 3 (Stutz, 1995). [1996 FP 147-8]
     Oregon arbitrator finds that a fire dist. violated the employment agreement by ordering firefighters to perform an endurance test. Klamath Falls Fire Dist. and K.F. Firefighters L-890, 106 LA (BNA) 789 (Buchanan, 1996). [1996 FP 153-4]
     Illinois appellate court upholds a labor board determination that the insertion of a "zipper clause" in the CBA is a mandatory subject of bargaining. Ed. Assn. v. Ill. Ed. Lab. Rltns. Bd., 663 N.E.2d 1067, 1996 Ill.App. Lexis 183. [1996 FP 105-6]
     Pennsylvania police department's elimination of a second night shift was improper; management had a duty to bargain the issue with the union. White Rose L-15 F.O.P. and City of York, 1995 PPER (LRP) Lexis 67. [1996 FP 19-20]
     New Jersey Public Employment Relations Cmsn. holds that the assignment of officers to a particular shift, in contravention of seniority, is not a mandatory subject of bargaining, because seniority impedes the employer's mission to promote public safety. Hoboken (City of) and P.B.A. L-2, 1994 NJPER (LRP) Lexis 103. [1996 FP 20]
     Minimum staffing of firefighters per shift is a mandatory subject of bargaining in Illinois. Illinois Firefighters Alliance and Vil. of Maywood, 1994 PERI (LRP) Lexis 184 (Ill.L.R.B.). [1995 FP 163]
     Wash. state labor board orders city to bargain over establishment of a citizens" review board. Spokane Police Guild and Spokane, 3 (7) Pub.Sfty.Lab. News (LRIS) 1 (Wash. PERC 1995).
     New Hampshire holds that a city may, but need not, bargain over discipline and discharge standards. Concord (City of) v. N.H.P.E.L.R.B., 651 A.2d 944 (N.H. 1994). [1995 FP 132]
     Employer could not unilaterally change the employee 15 min. break period to the last 15 min. of the shift. Air Sys. Com. v. S.M.W. L- 68, 104 LA (BNA) 477 (Goodman 1995). {N/R}
     City not required to bargain with union over a proposal to submit disciplinary matters to binding arbitration. City of N.Y. v. MacDonald, 607 N.Y.S.2d 25 (A.D. 1994). {N/R}
     City could not unilaterally reduce overtime assignments given its police officers in past years. Bloomington (City of) and Law Enf. Labor Services, 103 LA (BNA) 661 (Rubin, 1994). [1995 FP 51]
     Police chief could not prohibit all secondary employment in security positions without bargaining with the union. Pullman (City of) and Police Off. Guild, PERC #110007-A-94-1082; 3 (1) Pub.Sfty.Lab. News (LRIS) 3 (Williams, 1994). [1995 FP 51-2]
     NY appellate court concludes that a PBA demand to arbitrate disciplinary actions and to include probationary officers was not a mandatory subject of collective bargaining. New York (City of) v. MacDonald, 607 N.Y.Supp. 24; 201 A.D.2d 258; 1994 N.Y.App.Div. Lexis 824. [1995 FP 21]
     The Federal Labor Relations Authority has determined that management was not required to bargain with the union before adopting a rule requiring employees to wear ID cards at all times while in the workplace, including areas open to the general public. AFSCME L-2910 and U.S. Lib. of Cong., 49 F.L.R.A. 834, 1994 FLRA Lexis 147, 49 FLRA No. 79. The FLRA relied on its earlier opinion in AFSCME L-15 and D. of Trsry., IRS, 2 FLRA No. 109, 2 F.L.R.A. 875, 1980 FLRA Lexis 246. {N/R}
     NY's highest court rules that a smoking ban may not be imposed an union employees without bargaining the work rule change with the union. Newark Valley C.S.D. v. P.E.R.B., 83 N.Y.2d 315, 632 N.E.2d 443, 1994 N.Y. Lexis 281, 1994 WL 94208. [1994 FP 125]
     Arbitrator rules that a city could not raise the green fee charged employees at the city-owned golf course. Existing fringe benefits are terms of employment. Supulpa (City of) and IAFF L-194, 102 LA (BNA) 636 (Neas, 1994). [1994 FP 147]
     City could not unilaterally end a policy of reimbursing meal expense of officers assigned to out-of-town training. Stamford (City of) and Stamford Police Assn., 101 LA (BNA) 154 (Stewart, 1993). [1994 FP 131-2]
     Employer violated agreement with guard union when it transferred monitoring of video terminals to receptionists. Caterpillar and United Plant Guard Workers L-235, 101 LA (BNA) 372 (Daniel, 1993). [1994 FP 132]
     Federal appeals court upholds F.L.R.A. ruling requiring mgmt. to bargain with the union before adopting a new policy that body armor must be worn under an officer's shirt. U.S. I.N.S. v. F.L.R.A., 12 F.3d 882 (9th Cir. 1993). [1994 FP 99]
     PA city was not required to bargain over new light duty policy for ill and injured firefighters. York Fire Fighters L. 627 v. Penn. Labor Rel. Bd., 630 A.2d 527 (Pa.Cmwlth. 1993). [1994 FP 67]
     Pennsylvania city violated a duty to bargain with the FOP over civilianization of the dispatch function. Bethlehem (City of) v. Penna. Labor Rltns. Bd., 621 A.2d 1184 (Pa. Cmwlth. 1993). [1994 FP 3]
     Justice Dept. not required to bargain with INS agents over internal security practices; union wanted more time for officers involved in shootings to submit use of force reports. U.S. Dept. of Justice v. Federal Labor Rel. Auth., 975 F.2d 218 & 995 F.2d 46 (5th Cir. 1992). [1993 FP 4-5]
     Ohio appellate court requires city to bargain with firefighters over residency requirements. City of St. Bernard v. State Empl. Rel. Bd., 74 Ohio App.3d 3, 598 N.E.2d 15 (1991). [1993 FP 19]
     FLRA holds that an employer cannot raise prices on beverages sold in employee vending machines without bargaining. Marine Corps Logistics Base and AFGE L-1482, Case Nos. 98-CA-10236, 98-CA-10490, 46 F.L.R.A. 782, 1992 FLRA Lexis 455, 46 FLRA No. 68 (1992). Remedy ordered, 31 G.E.R.R. (BNA) 892 (1993). [1993 FP 32, 132]
     Pennsylvania town had duty to bargain with police association before changing the pattern of work and recreational days. Management rights clause in contract was not a waiver to bargain. Twp. of Upper Sacon v. PLRB, 620 A.2d 71 (Pa.Cmwlth. 1993). [1993 FP 148-9]
     Videotaping of employees in the workplace is a mandatory subject of collective bargaining. Amoco Petrol. and Jackson, 964 F.2d 706, 7 IER Cases (BNA) 854 (7th Cir. 1992). {N/R}
     A requirement that applicants for public employment undergo drug testing prior to employment is not mandatorily negotiable. Utica Prof. F/F L-32 and City of Utica, N.Y. PERB #U-12165, 25 NYPER (LRP) P4641, 1992 NYPER (LRP) Lexis 3200 (1992). {N/R}
     Mich. Empl. Rel. Cmsn. holds that the implementation of mandatory psychological counseling without first resorting to the bargaining process is an unfair labor practice. Co. of Allegan Sheriff Dept., 1992 MERC Lab. Op. 134. {N/R}
     Florida holds that the state government could unilaterally reduce benefits of state employees by not appropriating the necessary funds. No duty to bargain with the union over a monetary change in the bargaining agreement. St. of Florida v. Florida P.B.A. 613 So.2d 415 (Fla. 1992). [1993 FP 149-150]
      Connecticut state labor board issues an interim order staying a directive that officers carry their firearms with the safety in the firing position. The union claimed that the police chief jeopardized officer safety, without resorting to bargaining. City of Ansonia and IBPO L-457, Case #MPP-14,356, Decis. #2995 (Conn. Lab. Rel. Bd. 1992). {N/R}
     Fire dept. plan to use fire companies to respond to medical emergencies could be imposed as a "management prerogative" but the city must bargain with union over the impact of the program on working conditions. City of Phila. v. Pa. Labor Rltns. Bd., 588 A.2d 67 (Pa.Cmwlth. 1991). [1992 FP 67-8]
     City must bargain with union before adopting a police ride-along program with Explorer Scouts. West St. Paul v. Law Enf. Labor Serv., 30 G.E.R.R. (BNA) 343 (Minn. 2/14/92). [1992 FP 83-4]
     City could not unilaterally create new "inspector" positions in its police dept. and erode the bargaining unit. City of E. St. Louis v. State Labor Rel. Bd., 573 N.E.2d 302 (Ill.App. 1991). [1992 FP 100-1]
     Ohio appellate court rules city had a duty to bargain the rotation of firefighter work periods from a two to a three platoon system. Lakewood (City of) v. State Emp. Rel. Bd., 66 Ohio App.3d 387, 584 N.E.2d 70 (1990). [1992 FP 163]
     City must bargain with union before implementing a citizen ride-along program in police vehicles. Plan could affect officer safety. West St. Paul v. Law Enf. Labor Serv., 466 N.W.2d 27 (Minn. App. 1991).
     N.J. Co. Dept. of Corrections could adopt a sick leave verification program that includes home visits, without negotiating the revision with the union. Somerset Co. and PBA L-177, PERC #91-119, 17 NJPER (LRP) ¶ 22,154 (1991).
     Police Dept. not required to bargain over arrest restraint methods; union objected to rule against "hog-tying". Caruso v. Bd. of Coll. Brg., 555 N.Y.S.2d 133 (A.D. 1990).
     State university was in violation of the bargaining agreement in proposing to abolish its police force and contracting with city for police services. W. Wash. Univ. v. Feder. of St. Empl., 793 P.2d 989 (Wash. App. 1990).
     New York's Public Employee Board holds that the state police had a duty to negotiate with the union before adopting a policy prohibiting the supervision of a relative. Matters of promotion, assignment, appointment or the transfer of employees is a mandatory subject of bargaining. PBA of NY St. Troopers and St. of N.Y., #U-11239, 23 NYPER (LRP) P4563, 1990 NYPER (LRP) Lexis 2162 (NY-PERB, 1990). {N/R}
     Appellate court enforces agreement that an officer reimburse the city of the cost of his training if he quits before completing 12 months of service. City of Pembroke v. Hagin, 391 S.E.2d 465 (Ga. App. 1990).
     Arbitrator rules that a city could not unilaterally impose requirement that new appointees reimburse city for training if they quit in three years. In re City of Mt. Vernon, 2 The Labor Lawyer (ABA) 599, 23 G.E.R.R. (BNA) 667.
     Police union's demand that a city could not assign patrol cars to cover more than one sector, when all sectors could be filled by overtime assignments, was a nonmandatory subject of bargaining. It interfered with management's right to establish staffing and deployment. City of New Rochelle and Police Assn. of N.R., N.Y. PERB #U-10093 (ALJ decis.), 21 NYPER (LRP) ¶ 4592, 1988 NYPER (LRP) Lexis 2235. {N/R}
     Federal appeals court strikes down use of drug-sniffing dogs in work areas; employer must first negotiate with union. Bro. of Locomotive Eng. v. Burlington Northern R.R. Co., #85-4137, 838 F.2d 1102 (9th Cir. 1988).
     City required to "meet and confer" with the union over a change in psychological counseling; the union waived the right to enforce a bar- gaining session by its delay. Stockton P.O.A. v. Stockton, 13 PERC (LRP) ¶ 20,021, 1988 PERC (LRP) Lexis 201 (Cal.App. 1988). {N/R}
     Police union's demand that an officer cannot be compelled to testify at a departmental hearing concerning the officer's conduct was a nonmandatory subject of bargaining. City of New Rochelle and Police Assn. of N.R., N.Y. PERB #U-10093 (ALJ decis.) 21 NYPER (LRP) ¶ 4592, 1988 NYPER (LRP) Lexis 2235. {N/R}
     City could unilaterally restrict number of firefighters on annual leave on any given day. Portland Firefighters Ass., L=43 IAFF v. City of Portland, 86 Ore.App. 662, 740 P.2d 228 (1987).
     Arbitrator rules that a city violated the collective bargaining contract when it unilaterally discontinued the four-day, 10-hour workweek option afforded fire-prevention employees. Miami (City of) and IAFF L-587, 89 LA (BNA) 86, FMCS Case #86K/20608 (1987). {N/R}
     Ohio city violated state law by unilaterally changing the scheduled work hours of its firefighters without first bargaining with exclusive representative. St. Emp. Rel. Board v. City of Bedford Heights, 41 Ohio App.3d 21, 534 N.E.2d 115, 1987 Ohio App. Lexis 10746. {N/R}
     Ohio city unlawfully refused to bargain by stating its intent to unilaterally change the hours of its firefighters from 24 hour tour of duty followed by 48 hours off. State Empl. Rel. Bd. v. City of Strongsville, #86-ULP-10-0389, 4 OPER (LRP) P4074 (Ohio SERB Hrg. Ofcr. opin.). {N/R}
     Town did not like bargaining with FOP, so it abolished the police dept. and contracted with the sheriff for patrol services. Federal and state courts rule this was an unfair labor practice and a violation of the federal civil rights act. Healy v. Pembroke Park, 643 F. Supp. 1208 (S.D. Fla. 1986).
     Duty to bargain: a police union's proposal, prohibiting management from administering polygraph or other deception testing, or blood, tissue and breathalyzer tests of police officers, was not mandatorily negotiable. Twp. of So. Brunswick and P.B.A. L-166, N.J. PERC #86-115 (1986), 12 NJPER (LRP) ¶ 17,138 [Lexis library]. {N/R}
     Penna. State Labor Relations Bureau orders a governmental employer to bargain over the installation of new technology. Employer replaced a magnetic card typewriter with a computerized typesetting machine that used a video display screen. This was a change in conditions, was not a management prerogative, and the machine was more complicated to use. AFSCME Dist. 13 v. Penn., 16 PPER (LRP) ¶ 16,096, 1985 PPER (LRP) Lexis 59. {N/R}
     A police union's proposal, requiring a township to bargain, concerning a decision to move officers from one shift to another, to rotate all personnel through three shifts, or to change starting and ending time of various shifts, was a mandatory subject of bargaining. Township of Delran and Delran Patrolman's Ass'n, N.J. Pub. Empl. Rel. Cmsn. #83-77, 9 NJPER (LRP) P14,023 (1982). {N/R}
     City could not unilaterally impose requirement that new appointees reimburse city for training if they quit in three years. In re City of Mt. Vernon, 2 Labor Lawyer (ABA) 599, 23 G.E.R.R. (BNA) 667.
     A union "safety" proposal specifying equipment to be maintained in police patrol vehicles was mandatorily negotiable, respecting: (1) armored vest; (2) helmet with detachable face shield; (3) head restraints; (4) lap and shoulder belts; (5) flares; (6) cable cutters; (7) fire extinguishers; and (8) clip board. Management does not have to bargain over the types of guns, other weapons, and quantities of ammunition to be provided. Twp. of So. Brunswick and P.B.A. L-166, N.J. PERC #86-115 (1986), 12 NJPER (LRP) ¶ 17,138 [Lexis]. {N/R}
     Management is not obligated to bargain with a police union over a requirement that the agency maintain a law library containing specified volumes. Twp. of So. Brunswick and P.B.A. L-166, N.J. PERC #86-115 (1986), 12 NJPER (LRP) ¶ 17,138 [Lexis]. {N/R}
     A union demand to require the rotation of police officers throughout all units of the agency "would prevent the [management] from permanently assigning patrol officers to particular assignments for which an individual officer may be best suited." Twp. of So. Brunswick and P.B.A. L-166, N.J. PERC #86-115 (1986), 12 NJPER (LRP) ¶17,138 [Lexis]. {N/R}
     A union's proposal, requiring management to put a citizen complaint in writing within 24 hours was mandatorily negotiable, with the proviso that it apply only to job-related, noncriminal complaints. However, mandatory time limits for investigations of police misconduct by officers, was not mandatorily negotiable. Twp. of So. Brunswick and P.B.A. L-166, N.J. PERC #86-115 (1986), 12 NJPER (LRP) ¶ 17,138 [Lexis]. {N/R}
     A police union's demand to expunge officers' disciplinary records after specified period of time was not mandatorily negotiable. However, excluding unfounded complaints from an officers' personnel files was mandatorily negotiable. Twp. of So. Brunswick and P.B.A. L-166, N.J. PERC #86-115 (1986), 12 NJPER (LRP) ¶17,138 [Lexis]. {N/R}
     A police union's proposal, prohibiting management from administering polygraph or other deception testing, or blood, tissue and breathalyzer tests of police officers, was not mandatorily negotiable. Twp. of So. Brunswick and P.B.A. L-166, N.J. PERC #86-115 (1986), 12 NJPER (LRP) ¶ 17,138 [Lexis]. {N/R}
     Condition of tires bargainable, installation of AM-FM radios was not; safety issues mandatory subject of bargaining. In re Town of Secaucus, 2 Labor Lawyer (ABA) 601, 84-86 PBC (CCH) Sec. 44,246.
     NJ Fire chief did not have to bargain with the union before adopting a policy to require a physician's verification of illnesses for more than two consecutive working days, and to require firefighters to remain at their residence when on sick leave. East Orange and FMBA L-23, 9 NJPER (LRP) ¶14,142 (1983); aff'd, PERC #84-68, 10 NJPER (LRP) ¶15,015 (1983).
     NJ County did not have to bargain with the union over the number of deputy sheriffs assigned to guard prisoners in the hospital ward. Although the number of officers "has a relation to employee safety" and a deputy, working alone, was killed by an inmate at the hospital, the assignment decision is a managerial right. Bergen Co. Sheriff and PBA L-134, PERC #83-110, 9 NJPER (LRP) ¶14,071 (1983).
     NJ Police dept. was not required to perpetuate a contract provision mandating a two-officer minimum per shift, and did not have to negotiate minimum staffing on expiration of the agreement. Readington Twp. and PBA L-2773, PERC #84-7, 9 NJPER (LRP) ¶14,218 (1983).
     NJ Fire chief did not have to bargain with the union before adopting a policy to require a physician's verification of illnesses for more than two consecutive working days, and to require firefighters to remain at their residence when on sick leave. East Orange and FMBA L-23, 9 NJPER (LRP) ¶14,142 (1983); aff'd, PERC #84-68, 10 NJPER (LRP) ¶15,015 (1983).
     NJ County did not have to bargain with the union over the number of deputy sheriffs assigned to guard prisoners in the hospital ward. Although the number of officers "has a relation to employee safety" and a deputy, working alone, was killed by an inmate at the hospital, the assignment decision is a managerial right. Bergen Co. Sheriff and PBA L-134, PERC #83-110, 9 NJPER (LRP) ¶14,071 (1983).
     NJ Police dept. was not required to perpetuate a contract provision mandating a two-officer minimum per shift, and did not have to negotiate minimum staffing on expiration of the agreement. Readington Twp. and PBA L-2773, PERC #84-7, 9 NJPER (LRP) ¶14,218 (1983).
     New Jersey upholds right of chief to set shift schedules; not subject to bargaining or arbitration. Borough of Atlantic Highlands v. Atlantic Highlands PBA 242, 192 N.J. Super. 71, 469 A.2d 80 (1983).
     Arbitrator upholds management prerogative to issue and require the wearing of a pocket pager for emergency call-back purposes. Intern. Assn. of Fire Fighters L-1041 and City of Albert Lea, Minn. Bur. of Med. Serv. Case #82-PP-195-B, G.E.R.R. (BNA) 1/3/83 Pp. 20-21 (1982).
     New Jersey Supreme Court upholds a unilateral increase of deductible amounts in a prescription payment plan by including the higher deductible in an appropriations measure, without resort to the statutory collective bargaining process. State of N.J. v. State Troopers Frat. Assn., 91 N.J. 464, 453 A.2d 176 (1982). [1993 FP 150]
     In two cases, the New York Public Employment Relations Board has upheld management on the issue of the wearing of nametags by police officers is subject to mandatory bargaining. Nametags were found to be an integral part of the police uniform and a managemental decision. City of Buffalo, 15 NYPERB 3027 (1982); Co. of Onondago Sheriff, 14 NYPERB 3027 (1981). {N/R}
     Arbitrator in Minnesota upholds the decision of a police chief to require officers to wear nametags. ``An arresting officer invariably identifies himself by name in each court appearance'' and a person who wants to harass an officer does not need nametags to learn an officer's identity. Minneapolis and Police Feder. of Mnpls., 78 LA (BNA) 504 (Karlins, 1982). {N/R}
     New York PERB no longer requires departments to bargain over breathalyzer and polygraph tests. Troy Uniformed Firefighters Assn. and City of Troy, PERB Case U-2451, 77-78 PBC (CCH) ¶ 40,384 (1977).
     Exclusion of Fire chief from the unit, see Massachusetts Labor Relations Commission v. Town of Natick, 339 N.E.2d 900 (Mass. 1976).
     Firefighters" local may demand bargaining on final budget after its adoption. Dublin Professional Firefighters Local 1885 v. Valley Community Fire Dist., 119 Cal.Rptr. 182 (Cal.App. 1975).
     Indiana city ordered to bargain in good faith pursuant to city ordinance. State of Indiana ex rel. Smith v. Hatcher, Lake Co. Sup'r Ct., #577-1569.
     City's ban on washing personal vehicles upheld; not a term or condition of employment requiring bargaining. Police use of force case cited as precedent. Vernon Fire Fighters v. City of Vernon, 1581 Cal.Rptr. 478 (App. 1979).
     Non-civil service deputy sheriffs cannot be included under state public employment relations acts. Murphy v. Mack, 358 So.2d 822 (Fla. 1978).
     Disciplinary sanctions and procedure are bargainable and arbitrable. Auburn Police Local 195 AFSCME v. Helsby, 404 N.Y.S.2d 396 (A.D. 1978).
     Kentucky court has no authority to order Lexington-Fayette County to recognize IAFF - throws burden back to local government. Lexington-Fayette Urban Co. Gov't v. IAFF L-526, #74-2091, Fayette Co. Cir. Ct. (Ky. 1975).
     New York PERB no longer requires departments to bargain over breathalyzer and polygraph tests for narcotics addiction. Division 241, Amal. Transit Union (AFL-CIO) v. Suscy, 405 F.Supp. 750 (N.D. Ill. Dec. 30, 1975).
     After-hours use of department car restricted; grievance taken on purported change in a "condition of employment." City of Sterling Heights and IAFF L-1557 (Roumell, Dec. 1974).
     Arbitrator holds that the Boston Police Dept. did not violate safety provisions of the collective bargaining agreement by requiring members of its police department to put nametags on their uniforms. Boston and Bos. Police Ptlmns. Assn., 55 LA (BNA) 910 (Stutz, 1970). {N/R}

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