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Regular Session, 2012
HOUSE BILL NO. 89
BY REPRESENTATIVE LIGI
PUBLIC EMPLOYEES: Provides relative to public access to public collective bargaining
sessions and related documents
AN ACT1
To amend and reenact R.S. 42:17(A)(2) and 18(A)(3) and to enact Part II of Chapter 1-A of2
Title 42 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 42:29.13
through 29.4, relative to collective bargaining involving public entities; to require4
such collective bargaining to be conducted in public sessions; to provide relative to5
acceptance or offering for acceptance of certain collective bargaining agreements;6
to require notice of public collective bargaining sessions; to provide for public7
availability of certain documents; to provide relative to executive sessions and closed8
meetings of certain public bodies; to remove provisions relative to collective9
bargaining by certain legislative bodies; to provide for penalties; to provide for10
enforcement; and to provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 42:17(A)(2) and 18(A)(3) are hereby amended and reenacted and13
Part II of Chapter 1-A of Title 42 of the Louisiana Revised Statutes of 1950, comprised of14
R.S. 42:29.1 through 29.4, is hereby enacted to read as follows:15
§17. Exceptions to open meetings16
A. A public body may hold an executive session pursuant to R.S. 42:16 for17
one or more of the following reasons:18
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(2) Strategy sessions or negotiations with respect to collective bargaining,1
prospective litigation after formal written demand, or litigation and strategy sessions2
with respect to collective bargaining when an open meeting would have a detrimental3
effect on the bargaining or litigating position of the public body.4
* * *5
§18. Executive or closed meetings of legislative houses and committees6
A. Notwithstanding any contrary provision of R.S. 42:16 and 17, executive7
or closed meetings may be held by the legislature, either house thereof, or any8
committee or subcommittee of either house, upon the affirmative vote of at least a9
majority of the members of the house or the committee or subcommittee thereof10
making the determination to hold such meeting, for one or more of the following11
purposes:12
* * *13
(3) Strategy sessions or negotiations with respect to collective bargaining,14
prospective litigation after formal written demand, or litigation when an open15
meeting would have a detrimental effect on the bargaining or litigating position of16
the legislature, either house thereof, or any committee or subcommittee of either17
house.18
* * *19
PART II. PUBLIC EMPLOYER-EMPLOYEE20
COLLECTIVE BARGAINING21
§29.1. Definitions22
For purposes of this Part, the following definitions shall apply unless the23
context clearly indicates otherwise:24
(1) "Employee" means an individual employed by a public employer.25
(2) "Labor organization" means an association or organization of employees26
and an agency, employee representation committee, or plan in which employee s27
participate that exists, in whole or in part, to advocate on behalf of employees about28
grievances, labor disputes, wages, rates of pay, hours of employment, or conditions29
of work.30 HLS 12RS-72 ENGROSSED
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(3) "Person" means an individual or labor organization.1
(4) "Public collective bargaining" means the performance of the mutual2
obligation of the representatives of the public employer and the labor organization3
designated and recognized as an exclusive bargaining representative to meet and4
bargain in good faith in an effort to reach written agreement with respect to wages,5
hours, or terms and conditions of employment.6
(5) "Public employer" means the state or a political subdivision thereof, or7
a department, agency, office, institution, or other organizational unit of state or local8
government that employs one or more individuals in any capacity.9
§29.2. Open sessions; notice; penalties10
A.(1) Public collective bargaining between a public employer or its11
representative and a labor organization or its representative shall be conducted in12
sessions that are open to the public.13
(2) The public employer shall give written public notice of a public14
collective bargaining session no later than twenty-four hours before the session in15
the manner provided in R.S. 42:19(A)(2).16
(3) Any person who knowingly and willfully participates in public collective17
bargaining in violation of this Part shall be liable for penalties as provided in R.S.18
42:28.19
B. The provisions of Subsection A of this Section shall not apply to20
grievance, mediation, or arbitration proceedings with labor organizations or closed21
meetings or executive sessions conducted pursuant to R.S. 42:17(A)(2).22
§29.3. Acceptance of collective bargaining agreement23
No collective bargaining agreement shall be accepted or ratified by a public24
employer or its representative or offered for acceptance to a public employer or its25
representative or labor organization or its representative until the collective26
bargaining agreement has been made available to the public via the Internet for at27
least five days. The public employer shall issue a written public notice in the manner28
provided in R.S. 42:19(A)(2) informing the public of how such agreement may be29
accessed.30 HLS 12RS-72 ENGROSSED
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§29.4. Construction1
A. The provisions of this Part shall be liberally construed to accomplish its2
purposes.3
B. The provisions of this Part shall not be construed to affect the rights of a4
public employer pursuant to Part V of Chapter 9 of Title 23 of the Louisiana Revised5
Statutes of 1950 or to require a particular form of employment agreement between6
a public employer and its employees.7
Section 2. The Louisiana State Law Institute is authorized and directed to designate8
R.S. 42:11 through 28 as Part I of Chapter 1-A of Title 42 of the Louisiana Revised Statutes9
of 1950, to be entitled "General Provisions".10
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Ligi HB No. 89
Abstract: Requires public collective bargaining to be conducted in public sessions and
provides that related documents are public records.
Present law (R.S. 42:11-28) generally provides that meetings of public bodies are to be open
to the public, subject to specific exceptions. Provides an exception to allow public bodies,
including legislative bodies, to hold closed meetings or executive sessions for the purpose
of strategy sessions or negotiations with respect to collective bargaining, prospective
litigation after formal written demand, or litigation when an open meeting would have a
detrimental effect on the bargaining or litigating position of the public body. Proposed law
removes references to collective bargaining in provisions relative to legislative bodies.
Removes negotiations with respect to collective bargaining from present law exception
relative to other public bodies. Otherwise retains present law.
Proposed law provides that public collective bargaining between a public employer or its
representative and a labor organization or its representative shall be conducted in sessions
that are open to the public. Provides that proposed law shall not apply to grievance,
mediation, or arbitration proceedings with labor organizations or closed meetings or
executive sessions conducted pursuant to present law exceptions to provisions relative to
open meetings (R.S. 42:17(A)(2)).
Proposed law requires the public employer to give written public notice of a public collective
bargaining session no later than 24 hours before the session in the manner provided in
present law provisions relative to open meetings (R.S. 42:19(A)(2)). Provides that any
person who knowingly and willfully participates in public collective bargaining in violation
of proposed law shall be liable for penalties as provided in present law provisions relative
to open meetings (R.S. 42:28).
Proposed law provides for the following definitions: HLS 12RS-72 ENGROSSED
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(1)"Employee" means any individual employed by a public employer.
(2)"Labor organization" means any association or organization of employees and any
agency, employee representation committee, or plan in which employees participate
that exists, in whole or in part, to advocate on behalf of employees about grievances,
labor disputes, wages, rates of pay, hours of employment, or conditions of work.
(3)"Person" means an individual or labor organization.
(4)"Public collective bargaining" means the performance of the mutual obligation of the
representatives of the public employer and the labor organization designated and
recognized as an exclusive bargaining representative to meet and bargain in good
faith in an effort to reach written agreement with respect to wages, hours, or terms
and conditions of employment.
(5)"Public employer" means the state or any political subdivision thereof, or any
department, agency, office, institution, or other organizational unit of state or local
government that employs one or more individuals in any capacity.
Proposed law provides that no collective bargaining agreement shall be accepted by a public
employer or its representative or presented for acceptance to a public employer or its
representative or labor organization or its representative until the collective bargaining
agreement has been made available to the public via the Internet for at least five days.
Requires the public employer to issue a written public notice in the manner provided in
present law provisions relative to open meetings (R.S. 42:19(A)(2)) informing the public of
how such agreement may be accessed.
Proposed law provides that it shall be liberally construed to accomplish its purposes.
Provides that proposed law shall not be construed to affect the rights of a public employer
pursuant to present law (right to work) or to require a particular form of employment
agreement between a public employer and its employees.
(Amends R.S. 42:17(A)(2) and 18(A)(3); Adds R.S. 42:29.1-29.4)