(dissenting).
I respectfully dissent. I would affirm the trial court without modification. The decision by the chief of police requiring appellant to undergo psychological testing to determine his fitness to serve as a police officer is not subject to grievance procedures. There is no specific provision in the applicable labor contract which allows a police officer to grieve such a decision. In addition, testing for fitness is clearly not a disciplinary action subject to grievance as defined under the contract.
Although appellant has no specific right to grieve the chief’s decision under the contract, he argues that the testing affects the terms or conditions of employment and is therefore subject to both negotiation and grievance. However, the trial court correctly held that the establishment of a policy concerning psychological testing is within the employer’s prerogative to determine inherent managerial policy and is therefore outside the statutory mandate for negotiation under PELRA. Likewise, the decision by the chief to implement the policy by requiring appellant to undergo psychological testing is not subject to bargaining because it is interwoven with and inseparable from the policy itself. Implementation of the policy relates directly to the police chief’s obligation to maintain the basic fitness of the police force. Bargaining on policy implementation could impinge on the chief’s protected prerogatives and frustrate the efforts of the police to protect the safety and welfare of citizens. See Law Enforcement Labor Services, Inc. v. County of Hennepin, 449 N.W.2d 725, 730 (Minn.1990).
Because the decision to require testing for fitness is not a subject for which a grievance is allowed under the contract, is not a disciplinary action under the contract, and is not subject to bargaining as a term or condition of employment, appellant has no right to grievance procedures.
Finally, I appreciate and share the trial court’s concern about the intrusive nature of psychological testing and its possible impact on appellant’s employment. However, concern for public safety has led to a requirement that all applicants for law enforcement positions in Minnesota undergo psychological testing to determine that they are free from “any emotional or mental condition which might adversely affect the performance of peace officer duties.” See Minn.R. 6700-0700 subpt. 1 H (1989). Although the rule does not specifically provide for re-testing, the policy behind the testing requirement supports the conclusion that it is within the managerial authority of the chief to require additional tests where necessary.