Be sure to respond to:
1) What is a mandatory subject of bargaining?
2) Can a union waive its right to bargain over a mandatory subject of bargaining?
3) Was management’s refusal to bargain over the subject of surveillance camera usage in the workplace a violation of the duty to bargain in good faith under the LMRA, as amended? if so, what should be the appropriate remedy? Discuss the merits of the parties’ respective positions in this case.
Mandatory subjects of bargaining are those subjects embodied in the statutory language of “wages, hours, and other terms and conditions of employment.” Overtime pay, shift differentials, holiday pay, pensions, profit sharing plans, and sick leave are examples of mandatory subjects of bargaining. 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. A union can waive its right to bargain over mandatory subjects during the term of a contract, but only if the waiver is “clear and unmistakable.”