There are three categories of subjects that are established under the National Labor Relations Act. They are: mandatory; permissive or voluntary; and, illegal subjects.
MANDATORY SUBJECTS
Mandatory subjects are those that directly impact – wages, hours or working conditions (or terms and conditions of employment). These are subjects over which the parties must bargain if a proposal is made by either party. This does not mean that the parties have to reach agreement on such proposals, but rather that they have to engage in the process of bargaining in good faith over the subject. Mandatory subjects may be bargained to impasse. It is also legal to strike (or to lock-out) to obtain a mandatory subject of bargaining.
Examples of mandatory subjects are:
Wages Jury duty pay Shift premiums Bereavement pay Overtime On-call pay Premium pay Severance pay Longevity Pensions Pay for training Health insurance Holidays Leave of absence Sick days Tuition reimbursement Hours of work Seniority Work schedules Job duties Grievance procedure Probationary period Workloads Testing of employees Vacancies Rest and lunch periods Promotions Bargaining unit work Transfers Subcontracting Layoff and recall No strike clause Discipline and discharge Non-discrimination Waiver/zipper clause Dues check off Mandatory meetings Mileage and stipends In-service trainings Evaluation procedures Parking Health and safety Bonuses Clothing and tool allowance Incentive pay Management rights clauses Equity pay adjustments Dental and vision plans Legal services Work rules Bulletin boards Meals provided by the employer
PERMISSIVE OR VOLUNTARY SUBJECTS
Permissive, voluntary or non-mandatory subjects of bargaining are subjects not directly related to the work. That is, these subjects fall outside of wages, hours and working conditions and generally are matters that relate to the nature and direction of the business/industry or relate to the internal union affairs. The list can be infinitely long. The parties may agree to bargain over these but are not required to by law and can refuse to discuss them without fear of an unfair labor practice charge. They also cannot be bargained to impasse. Furthermore, it would also be a violation to strike over a permissive subject. Subjects that have a minimal impact on the employment relationship most likely are permissive, but it is not always clear. There could be considerable gray areas in determining whether a proposal is mandatory or permissive and these might have to be litigated for resolution.
Examples of permissive/voluntary subjects are:
Negotiation ground rules Recognition clause defining the bargaining Supervisor’s conditions of unit employment Either party’s bargaining team make-up Interest arbitration Make-up of the employer’s board of Settlement of a ULP charge directors or trustees Pensions for retired members Demanding that a Union settle arbitrable Use of the Union label/flag grievances filed under the previous Internal Union matters contract (how stewards and officers are elected, Union dues, officer structure, Union by-laws, etc.)
ILLEGAL SUBJECTS
Illegal subjects are those that cannot be legally bargained over by either party. They are subjects that would violate a law and cannot be entered into legally into a collective bargaining agreement even if both parties agree to do so.
Examples of illegal subjects are:
Closed shop provisions, discrimination, hot cargo clauses, Discrimination - language that prohibits an employer from dealing with any employees or against a group based on race, sex, employer, usually involved in a labor disability, age, veteran’s status, dispute, religion, sexual orientation, marital status, etc.
