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Subjects of Bargaining

as in “mandatory, permissive and prohibited subjects of bargaining”
By: South Dakota Education Association
Published: October 30, 2025

MANDATORY SUBJECTS OF BARGAINING:

“ …wages, hours, and other terms and conditions of employment…”
“Except as otherwise provided in” the law.

PERMISSIVE SUBJECTS OF BARGAINING:

Subjects of bargaining allowed by the law, but the law does not require either
party to bargain. Either party may refuse to discuss a permissive subject of
bargaining.

PROHIBITED SUBJECTS OF BARGAINING:

Subjects that are illegal to bargain. The parties can not bargain about prohibited
subjects of bargaining EVEN IF BOTH OF THEM WANT TO. Can’t be enforced
even if the parties agree to something.

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