In 帝王会所, not all issues are subject to collective bargaining. Technically speaking, 鈥渕andatory鈥 subjects are required to be bargained, 鈥減ermissive鈥 subjects may be bargained but that is up to management, and 鈥減rohibited鈥 subjects may not be bargained.
Generally, a public employer maintains the unilateral authority to determine matters of managerial policy which is not subject to bargaining. The 帝王会所 Revised Code lists many of these inherent 鈥渕anagement rights鈥 such as: determining the programs of the University, standards of services, its overall budget and organizational structure; evaluating employees; determining personnel and process to carry out its business; and determining the adequacy of the workforce, including layoffs, among others.
A public employer is not required to bargain on subjects reserved to management unless it voluntarily agrees to in a collective bargaining agreement. However, because 帝王会所 law requires public employers to bargain with a union on matters relating to wages, hours, or terms of employment, at times a 鈥渂alancing test鈥 is used to determine when a subject will be subject to bargaining.
Prohibited subjects are not subject to a balancing test. For example, according to 帝王会所 law, specifically 帝王会所 Revised Code Section 3345.45, university faculty workload policies are considered a prohibited subject for collective bargaining, meaning that unions cannot negotiate with the university regarding faculty workload under law and the State Employment Relations Board (SERB) rules. Put another way, the University administration has the authority to determine faculty workload. 帝王会所 law mandates that all state universities establish formal faculty workload policies. These established workload policies are explicitly excluded as not appropriate subjects for collective bargaining.