SCOPE OF REPRESENTATION – Subcontracting

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HEERA neither expressly enumerates nor excludes subcontracting decisions from the scope of representation. While such decisions involve managerial decisions regarding the merits, necessity or organization of services, activities or programs, they also unquestionably affect wages, hours and working conditions, including whether employees who have previously performed such work will be employed at all. Where a management decision affects the merits, necessity or organization of any service or activity provided by law, it may nonetheless be negotiable if intertwined with a negotiable decision. Put another way, a decision affecting negotiable matters does not become non-negotiable simply because other, non-negotiable matters are also implicated by the decision. (pp. 34-35.)