Collective bargaining agreements can’t be expected to take every situation that might occur in a workplace into consideration, and employers should never be expected to operate their organizations through negotiation of collective bargaining agreements. Most collective bargaining agreements leave those non-negotiated issues in the hand of management through a “management rights” clause.
Under PELRA, management has no obligation to meet and negotiate over matters of inherent managerial policy, which include, but are not limited to:
- The functions and programs of the employer;
- Its overall budget;
- The utilization of technology;
- The organizational structure;
- The selection of personnel; and
- The direction and the number of personnel.
Additionally, through “zipper clauses” in CBAs, management will retain all rights not discussed within the collective bargaining agreement, giving management the flexibility it needs to run its organization.
However, PELRA also states that employers are required to meet and negotiate with exclusive representatives over grievance procedures and “terms and conditions of employment.” These terms and conditions include the hours of employment, compensation, health insurance contributions, severance pay, and “personnel policies affecting the working conditions of the employees.”
But what happens when the “matters of inherent managerial policy” get mixed in with the “terms and conditions of employment?” Well, my friends, the Minnesota Supreme Court has ruled on the concept before in St. Paul Fire Fighters, Local 21 v. St. Paul. In that case, the Court decided that when matters affecting terms and conditions of employment are severable from an inherent managerial policy, they are appropriate subjects of negotiation.
But how can you determine if an employer policy is severable from the terms and conditions of employment it affects? How can you tell if the two are so inextricably intertwined so as to make the matter not subject to negotiation? Firm President Greg Wiley is here to help!
On February 10 at this year’s MPELRA Winter Conference, Greg will be presenting on this very subject to start off a great day of training for employment and labor professionals across the state, and you still have a chance to take part in the festivities! If you, or your organization, need assistance with working through any public labor issues, this is the place to be! Check out this year’s conference information, and if you do make it to the conference, make sure to stop by and say hello!
2022 MPELRA Winter Conference Brochure
And for any public employment questions that you and your organization may have, talk to the trained professionals at Wiley Reber Law, for labor advice that works.