COBA, 12 OCB2d 3 (BCB 2019)
The Union filed a Request for Appointment of an Impasse Panel to resolve disputes concerning disciplinary guidelines for violations of use of force regulations. The City objected to the appointment of an impasse panel, arguing that the issues that the Union seeks to have determined are not mandatory subjects of bargaining. The City also argued that the guidelines represent only proposed penalty ranges, that they are required by a Consent Judgment, and that an employer has the prerogative to expand or retract a supervisor’s authority without bargaining. The Board found certain demands to be nonmandatory and other demands mandatory. Accordingly, bargaining was ordered over the mandatory portions of the demands.