Negotiations, scope and limitations

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  • (a) Rates of pay, hours, salaries, employee benefits, terms and conditions of employment and all matters relating thereto may be specifically negotiated in a collective bargaining proceeding between the public employer and the exclusive representative unless otherwise specifically restricted by law.

  • (b) No contract or other instrument of agreement between the public employer and an exclusive representative shall be valid to the extent such contract or agreement unduly interferes with the right of the public employer to establish and execute public policy by:

    • (1) directing and supervising employees;

    • (2) determining qualifications and standards for hiring and the content of examinations therefore;

    • (3) hiring, promoting, transferring, assigning, retaining, disciplining, suspending, demoting, or discharging employees for cause;

    • (4) maintaining efficiency of operations;

    • (5) determining methods, means and personnel by which the public employer's operations are to be conducted; and

    • (6) taking such actions as may be necessary to carry out the mission of the public employer in times of emergency.

  • (c) No contract or other instrument of agreement between a public employer and an exclusive representative shall be valid to the extent such contract or agreement:

    • (1) bars an election for decertification of the exclusive representative; or

    • (2) classifies or reclassifies bargaining units as provided by the procedure set forth in section 371 of this chapter.

  • (d) Any agreement between a public employer and an exclusive representative may provide procedures, applicable only to members of the bargaining unit, for the consideration and settlement of employee grievances and/or disputes; Provided, however, That no employee may avail himself of more than one grievance procedure for the resolution of a particular grievance and/or dispute.

  • (e) The benefits and privileges conferred upon public employees by Title 3, chapter 25 of this Code shall be applicable to public employees covered by a negotiated bargaining agreement only to the extent such benefits and privileges are specifically provided in such agreement.

  • (f) At any time within 90 days prior to the expiration of a collective bargaining agreement, the PERB may order the parties to commence negotiations for a new agreement if, in the opinion of the PERB, the parties are not satisfactorily moving toward the commencement of negotiations.

  • (g) Notwithstanding the provisions of any other law to the contrary, the negotiation proceedings of collective bargaining shall not be open to the public unless mutually agreed to by the parties.

  • (h) Notwithstanding any other provision of this chapter, no contract or other instrument of agreement between an exclusive representative and a public employer which contract or instrument requires the appropriation of funds by the Legislature shall be binding as to the terms requiring appropriations until such appropriations are enacted.


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