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

Single Topic for Decision 2427M

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A “calcification of working conditions” is contrary to the principles of collective bargaining and will only be entertained upon “clear and unmistakable” evidence that a public agency intended to grant employees private rights of a contractual nature that survive and effectively supersede future collective bargaining obligations. Where pension plan provisions relied on by the unions did not confer an absolute right to “permanency” in the particular benefits or contributions formulas, unions failed to show that changes to employee pension contribution formulas were “vested rights” beyond the scope of mandatory bargaining.