State v. Public Safety Employees Ass'n

This case involved a dispute between the State of Alaska and the Public Safety Employees Association over whether certain workplace protections could be bargained for and challenged through grievances. The union wanted to negotiate over indemnification—protection from financial liability when employees are sued for actions taken during their job duties. The state argued that this topic and others were off-limits for bargaining and grievances, even though these subjects weren't specifically covered in their contract. The Alaska Supreme Court ruled in favor of the union. The court determined that indemnification is a "mandatory subject of bargaining," meaning employers must negotiate over it if unions request it. More importantly, the court said that even if a contract doesn't mention certain workplace issues, unions cannot give up their right to file grievances about those mandatory bargaining subjects. This matters for workers because it strengthens their collective bargaining rights. Unions cannot permanently sign away the right to challenge employers on important workplace issues, even through contract language. Workers retain the ability to raise concerns about mandatory bargaining subjects like safety protections, regardless of what their current contract says or doesn't say about those topics.