The International Association of Firefighters Local Chapter 230 is a union for the benefit of public service officials, like firefighters and policemen, in the City of San Jose. Local 230 ran a pension benefits program for retired public service employees. The union was attempting to bargain with the employer of the public service employees, the City of San Jose, and had two proposals regarding the Local 230 pension package. The first proposal involved the makeup of the board in charge of the pension program. Local 230 wished to have an equal number of firefighters and policemen on the board. The second proposal consisted of planning how to track certain characteristics of program participants in order to determine their eligibility for the program. The City of San Jose refused to bargain with Local 230, arguing that the two proposals did not fall under mandatory subjects of collective bargaining. A new city ordinance had already placed equal numbers of firefighters and policemen on the pension board. Does the second proposal fall under permissive subjects of collective bargaining? Why?
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