SCOPE OF REPRESENTATION – In General; Test for Subjects Not Specifically Enumerated

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Under HEERA, the phrase "terms and conditions of employment" is interpreted the way the Board interprets it under the Ralph C. Dills Act. As such, private sector precedents regarding the scope of representation under the NLRA are also applicable to HEERA cases. Under HEERA, a matter is within the scope of representation as concerning "terms and conditions of employment" if (1) it involves the employment relationship, (2) is of such concern to both management and labor that conflict is likely to occur and the mediatory influence of collective negotiations is an appropriate means of resolving the conflict, and (3) the employer's obligation to negotiate would not unduly abridge its freedom to exercise those managerial prerogatives (including matters of fundamental policy) essential to the achievement of the employer's mission.