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  2. Illegal subjects of bargaining12345include:
    • Provisions inconsistent with the duty of fair representation.
    • Issues that violate a law and cannot be legally entered into a contract even if both parties agree.
    • Specific prohibited subjects under certain regulations.
    Learn more:
    An illegal subject of bargaining is one where, even if it is included in a collective bargaining agreement, it is unenforceable. For example, if a labor contract said that if employees are late to work three times in one week, those employees are required to snort cocaine the rest of the month.
    mattaustinlaborlaw.com/what-are-mandatory-permi…
    Insist to impasse on an illegal subject of bargaining, or include an illegal clause in a collective-bargaining agreement. Illegal subjects include, for example, closed-shop provisions, hiring-hall provisions granting referral preference for union members, and provisions inconsistent with your duty of fair representation.
    www.nlrb.gov/about-nlrb/rights-we-protect/the-law/…
    The third category is illegal subjects of bargaining. These are items that cannot be bargained over legally by either party. These issues violate a law and cannot be entered into a contract legally even if both parties agree.
    www.local1222.org/index.cfm?zone=/unionactive/vi…

    Although there are many prohibited subjects of collective bargaining, the following are prohibited under PA 112 of 1994:

    • Who is or will be the policyholder of any employee group insurance benefit;

    How Does Bargaining Work in the Public Sector?

    • Mandatory subjects are those issues about which the parties have a legal obligation to bargain. ...
    www.afscme13.org/state-contract-negotiations-202…
     
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