Texas 2009 - 81st Regular

Texas House Bill HB4295 Compare Versions

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1	1	81R22290 JSC-F
2	2	By: Anchia, Hodge, Miklos, Kent, Alonzo H.B. No. 4295
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the right of certain municipalities to maintain local
8	8	control over wages, hours, and other terms and conditions of
9	9	employment.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle A, Title 5, Local Government Code, is
12	12	amended by adding Chapter 149 to read as follows:
13	13	CHAPTER 149. LOCAL CONTROL OF MUNICIPAL EMPLOYMENT MATTERS IN
14	14	CERTAIN MUNICIPALITIES
15	15	Sec. 149.001. APPLICABILITY. (a) This chapter applies
16	16	only to a municipality with a population of more than one million
17	17	that has not adopted Chapter 143 or 174.
18	18	(b) This chapter does not apply to:
19	19	(1) firefighters or police officers who are covered by
20	20	Subchapter B of Chapter 142, Subchapter H, I, or J of Chapter 143,
21	21	Chapter 147, or Chapter 174;
22	22	(2) an employee association in which employees
23	23	described by Subdivision (1) participate; or
24	24	(3) employees of a municipally owned utility or other
25	25	board or political subdivision whose wages, salaries, rates of pay,
26	26	hours, working conditions, or other terms and conditions of
27	27	employment are established and governed by an appointed board
28	28	independent from the municipal governing body.
29	29	Sec. 149.002. DEFINITIONS. In this chapter:
30	30	(1) "Covered employee" means an employee of a
31	31	municipality, other than a department head or managerial employee,
32	32	a firefighter or police officer who is covered by Subchapter B of
33	33	Chapter 142, Subchapter H, I, or J of Chapter 143, or Chapter 174,
34	34	or a peace officer covered by Chapter 142.
35	35	(2) "Employee association" means an organization in
36	36	which municipal employees participate, that exists for the purpose,
37	37	wholly or partly, of dealing with one or more employers, whether
38	38	public or private, concerning grievances, labor disputes, wages,
39	39	rates of pay, hours of employment, or conditions of work affecting
40	40	public employees, and whose members pay dues by means of an
41	41	automatic payroll deduction.
42	42	(3) "Managerial employee" means an employee who:
43	43	(A) is engaged primarily in executive and
44	44	management functions; and
45	45	(B) is charged with the responsibility of
46	46	developing, administering, or effecting management policies.
47	47	(4) "Public employer" means any municipality or
48	48	agency, board, commission, or political subdivision controlled by a
49	49	municipality that is required to establish the wages, salaries,
50	50	rates of pay, hours, working conditions, and other terms and
51	51	conditions of employment of public employees. The term may
52	52	include, under appropriate circumstances, a mayor, manager,
53	53	administrator of a municipality, municipal governing body,
54	54	director of personnel, personnel board, or one or more other
55	55	officials regardless of the name by which they are designated.
56	56	Sec. 149.003. GENERAL PROVISIONS RELATING TO AGREEMENTS AND
57	57	RECOGNITION. (a) A municipality may not be denied local control
58	58	over wages, salaries, rates of pay, hours of work, other terms and
59	59	conditions of employment, or other state-mandated personnel
60	60	issues. A public employer may enter into a mutual agreement
61	61	governing these issues with an employee association recognized
62	62	under this chapter as the sole and exclusive bargaining agent for
63	63	all covered employees that does not advocate the illegal right to
64	64	strike by covered employees. The applicable statutes, local
65	65	ordinances, and civil service rules govern a term or condition of
66	66	employment on which the public employer and the association do not
67	67	agree.
68	68	(b) An agreement under this chapter must be written.
69	69	(c) This chapter does not require the public employer and
70	70	the recognized employee association to meet and confer or reach an
71	71	agreement on any issue.
72	72	(d) This chapter does not authorize an agreement regarding
73	73	pension or pension-related matters governed by statute.
74	74	Sec. 149.004. PETITION FOR RECOGNITION: ELECTION OR ACTION
75	75	BY GOVERNING BODY. (a) Not later than the 30th day after the date
76	76	the governing body of a municipality receives from an employee
77	77	association a petition signed by the majority of all covered
78	78	employees that requests recognition of the association as the sole
79	79	and exclusive bargaining agent for all the covered employees, the
80	80	governing body shall:
81	81	(1) grant recognition of the association as requested
82	82	in the petition and find that a public employer may meet and confer
83	83	under this chapter without conducting an election by the voters in
84	84	the municipality under Section 149.006;
85	85	(2) defer granting recognition of the association and
86	86	order an election by the voters in the municipality under Section
87	87	149.006 regarding whether a public employer may meet and confer
88	88	under this chapter; or
89	89	(3) order a certification election under Section
90	90	149.005 to determine whether the association represents a majority
91	91	of the covered employees.
92	92	(b) If the governing body of a municipality orders a
93	93	certification election under Subsection (a)(3) and the association
94	94	named in the petition is certified to represent a majority of the
95	95	covered employees, the governing body shall, not later than the
96	96	30th day after the date that results of that election are certified:
97	97	(1) grant recognition of the association as requested
98	98	in the petition for recognition and find that a public employer may
99	99	meet and confer under this chapter without conducting an election
100	100	by the voters in the municipality under Section 149.006; or
101	101	(2) defer granting recognition of the association and
102	102	order an election by the voters in the municipality under Section
103	103	149.006 regarding whether a public employer may meet and confer
104	104	under this chapter.
105	105	Sec. 149.005. CERTIFICATION ELECTION. (a) Except as
106	106	provided by Subsection (b), a certification election ordered under
107	107	Section 149.004(a)(3) to determine whether an employee association
108	108	represents a majority of the covered employees shall be conducted
109	109	according to procedures agreeable to the parties.
110	110	(b) If the parties are unable to agree on procedures for the
111	111	certification election, either party may request the American
112	112	Arbitration Association to conduct the election and to certify the
113	113	results of the election.
114	114	(c) The results of an election shall be certified if the
115	115	employee association receives a majority of the valid votes cast in
116	116	the election.
117	117	(d) Certification of the results of an election under this
118	118	section resolves the question concerning representation.
119	119	(e) The association is liable for the expenses of the
120	120	certification election, except that if two or more associations
121	121	seeking recognition as the sole and exclusive bargaining agent
122	122	submit a petition signed by at least 30 percent of the employees
123	123	eligible to sign the petition for recognition, all the associations
124	124	named in any petition shall share equally the costs of the election.
125	125	Sec. 149.006. ELECTION TO AUTHORIZE OPERATING UNDER THIS
126	126	CHAPTER. (a) The governing body of a municipality that receives a
127	127	petition for recognition under Section 149.004 may order an
128	128	election to determine whether a public employer may meet and confer
129	129	under this chapter.
130	130	(b) An election ordered under this section must be held as
131	131	part of the next regularly scheduled general election for municipal
132	132	officials that is held after the date the governing body of the
133	133	municipality orders the election and that allows sufficient time to
134	134	prepare the ballot in compliance with other requirements of law.
135	135	(c) The ballot for an election ordered under this section
136	136	shall be printed to allow voting for or against the proposition:
137	137	"Authorizing __________ (name of the municipality) to operate under
138	138	the state law allowing a municipality to meet and confer and make
139	139	agreements with the association representing covered employees as
140	140	provided by state law, preserving the prohibition against strikes
141	141	and organized work stoppages, and providing penalties for strikes
142	142	and organized work stoppages."
143	143	(d) An election called under this section must be held and
144	144	the returns prepared and canvassed in conformity with the Election
145	145	Code.
146	146	(e) If an election authorized under this section is held,
147	147	the municipality may operate under the other provisions of this
148	148	chapter only if a majority of the votes cast at the election favor
149	149	the proposition.
150	150	(f) If an election authorized under this section is held, an
151	151	association may not submit a petition for recognition to the
152	152	governing body of the municipality under Section 149.004 before the
153	153	second anniversary of the date of the election.
154	154	Sec. 149.007. CHANGE OR MODIFICATION OF RECOGNITION. (a)
155	155	The covered employees may modify or change the recognition of the
156	156	employee association granted under this chapter by filing with the
157	157	governing body of the municipality a petition signed by a majority
158	158	of all covered employees.
159	159	(b) The governing body of the municipality may:
160	160	(1) recognize the change or modification as provided
161	161	by the petition; or
162	162	(2) order a certification election in accordance with
163	163	Section 149.005 regarding whether to do so.
164	164	Sec. 149.008. STRIKES PROHIBITED. (a) A covered employee
165	165	may not engage in a strike or organized work stoppage against this
166	166	state or the municipality.
167	167	(b) A covered employee who participates in a strike forfeits
168	168	any civil service rights, reemployment rights, and other rights,
169	169	benefits, or privileges the employee may have as a result of the
170	170	employee's employment or prior employment with the municipality.
171	171	(c) This section does not affect the right of a person to
172	172	cease work if the person is not acting in concert with others in an
173	173	organized work stoppage.
174	174	Sec. 149.009. RECOGNITION OF EMPLOYEE ASSOCIATION. (a) A
175	175	public employer in a municipality that chooses to meet and confer
176	176	under this chapter shall recognize an association that is
177	177	recognized under Section 149.004 or 149.005 as the sole and
178	178	exclusive bargaining agent for the covered employees.
179	179	(b) The public employer shall recognize the employee
180	180	association until recognition of the association is withdrawn, in
181	181	accordance with Section 149.007, by a majority of the covered
182	182	employees eligible to sign a petition for recognition.
183	183	Sec. 149.010. SELECTION OF BARGAINING AGENT; BARGAINING
184	184	UNIT. (a) The public employer's chief executive officer or the
185	185	chief executive officer's designee shall select one or more persons
186	186	to represent the public employer as its sole and exclusive
187	187	bargaining agent to meet and confer on issues related to the wages,
188	188	hours of employment, and other terms and conditions of employment
189	189	of covered employees.
190	190	(b) An employee association may designate one or more
191	191	persons to negotiate or bargain on the association's behalf.
192	192	(c) A municipality's bargaining unit is composed of all the
193	193	covered employees.
194	194	Sec. 149.011. PROTECTED RIGHTS OF EMPLOYEES. A meet and
195	195	confer agreement ratified under this chapter may not interfere with
196	196	the right of a member of a bargaining unit to pursue allegations of
197	197	discrimination based on race, creed, color, national origin,
198	198	religion, age, sex, or disability with the Texas Workforce
199	199	Commission civil rights division or the federal Equal Employment
200	200	Opportunity Commission or to pursue affirmative action litigation.
201	201	Sec. 149.012. OPEN RECORDS. (a) A proposed meet and confer
202	202	agreement and a document prepared and used by the municipality,
203	203	including a public employer, in connection with the proposed
204	204	agreement are available to the public under Chapter 552, Government
205	205	Code, only after the agreement is ready to be ratified by the
206	206	governing body of the municipality.
207	207	(b) This section does not affect the application of
208	208	Subchapter C, Chapter 552, Government Code, to a document prepared
209	209	and used in connection with the agreement.
210	210	Sec. 149.013. OPEN DELIBERATIONS. (a) Deliberations
211	211	relating to a meet and confer agreement or proposed agreement under
212	212	this chapter between representatives of the public employer and
213	213	representatives of the employee association recognized under this
214	214	chapter as the sole and exclusive bargaining agent for the covered
215	215	employees must be open to the public and comply with state law.
216	216	(b) Subsection (a) may not be construed to prohibit the
217	217	representatives of the public employer or the representatives of
218	218	the recognized employee association from conducting private
219	219	caucuses that are not open to the public during meet and confer
220	220	negotiations.
221	221	Sec. 149.014. RATIFICATION AND ENFORCEABILITY OF
222	222	AGREEMENT. (a) An agreement under this chapter is enforceable and
223	223	binding on the public employer, the recognized employee
224	224	association, and the employees covered by the meet and confer
225	225	agreement only if:
226	226	(1) the governing body of the municipality ratified
227	227	the agreement by a majority vote; and
228	228	(2) the recognized employee association ratified the
229	229	agreement by conducting a secret ballot election at which the
230	230	majority of the covered employees who are members of the
231	231	association favored ratifying the agreement.
232	232	(b) A meet and confer agreement ratified as described by
233	233	Subsection (a) may establish a procedure by which the parties agree
234	234	to resolve disputes related to a right, duty, or obligation
235	235	provided by the agreement, including binding arbitration on a
236	236	question involving interpretation of the agreement.
237	237	(c) A state district court of a judicial district in which
238	238	the municipality is located has jurisdiction to hear and resolve a
239	239	dispute under the ratified meet and confer agreement on the
240	240	application of a party to the agreement aggrieved by an action or
241	241	omission of the other party when the action or omission is related
242	242	to a right, duty, or obligation provided by the agreement. The
243	243	court may issue proper restraining orders, temporary and permanent
244	244	injunctions, or any other writ, order, or process, including
245	245	contempt orders, that are appropriate to enforcing the agreement.
246	246	Sec. 149.015. ACTION OR ELECTION TO REPEAL AUTHORIZATION TO
247	247	OPERATE UNDER THIS CHAPTER. (a) The governing body of a
248	248	municipality that granted recognition of an employee association
249	249	under Section 149.004 without conducting an election under Section
250	250	149.006 may withdraw recognition of the association by providing to
251	251	the association not less than 90 days' written notice that:
252	252	(1) the governing body is withdrawing recognition of
253	253	the association; and
254	254	(2) any agreement between the governing body and the
255	255	association will not be renewed.
256	256	(b) The governing body of a municipality that granted
257	257	recognition of an employee association after conducting an election
258	258	under Section 149.006 may order an election to determine whether a
259	259	public employer may continue to meet and confer under this chapter.
260	260	The governing body may not order an election under this subsection
261	261	until the second anniversary of the date of the election under
262	262	Section 149.006.
263	263	(c) An election ordered under Subsection (b) must be held as
264	264	part of the next regularly scheduled general election for municipal
265	265	officers that occurs after the date the governing body of the
266	266	municipality orders the election and that allows sufficient time to
267	267	prepare the ballot in compliance with other requirements of law.
268	268	(d) The ballot for an election ordered under Subsection (b)
269	269	shall be printed to allow voting for or against the proposition:
270	270	"Authorizing __________ (name of the municipality) to continue to
271	271	operate under the state law allowing a municipality to meet and
272	272	confer and make agreements with the association representing
273	273	covered employees as provided by state law, preserving the
274	274	prohibition against strikes and organized work stoppages, and
275	275	providing penalties for strikes and organized work stoppages."
276	276	(e) An election ordered under Subsection (b) must be held
277	277	and the returns prepared and canvassed in conformity with the
278	278	Election Code.
279	279	(f) If an election ordered under Subsection (b) is held, the
280	280	municipality may continue to operate under this chapter only if a
281	281	majority of the votes cast at the election favor the proposition.
282	282	(g) If an election ordered under Subsection (b) is held, an
283	283	association may not submit a petition for recognition to the
284	284	governing body of the municipality under Section 149.004 before the
285	285	second anniversary of the date of the election.
286	286	Sec. 149.016. ELECTION TO REPEAL AGREEMENT. (a) Not later
287	287	than the 45th day after the date a meet and confer agreement is
288	288	ratified by the governing body of the municipality and the
289	289	recognized employee association, a petition calling for the repeal
290	290	of the agreement signed by at least 10 percent of the qualified
291	291	voters residing in the municipality may be presented to the person
292	292	charged with ordering an election under Section 3.004, Election
293	293	Code.
294	294	(b) If a petition is presented under Subsection (a), the
295	295	governing body of the municipality shall:
296	296	(1) repeal the meet and confer agreement; or
297	297	(2) certify that it is not repealing the agreement and
298	298	call an election to determine whether to repeal the agreement.
299	299	(c) An election called under Subsection (b)(2) may be held
300	300	as part of the next regularly scheduled general election for the
301	301	municipality or at a special election called by the governing body
302	302	for that purpose. The ballot shall be printed to allow voting for
303	303	or against the proposition: "Repeal the meet and confer agreement
304	304	ratified on _____ (date agreement was ratified) by the __________
305	305	(name of the governing body of the municipality) and the _____ (name
306	306	of the recognized employee association) concerning wages,
307	307	salaries, rates of pay, hours of work, and other terms of
308	308	employment."
309	309	(d) If a majority of the votes cast at the election favor the
310	310	repeal of the agreement, the agreement is void.
311	311	Sec. 149.017. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
312	312	A written meet and confer agreement ratified under this chapter
313	313	preempts, during the term of the agreement and to the extent of any
314	314	conflict, all contrary state statutes, local ordinances, executive
315	315	orders, civil service provisions, or rules adopted by this state or
316	316	a political subdivision or agent of this state, including a
317	317	personnel board, civil service commission, or home-rule
318	318	municipality, other than a statute, ordinance, executive order,
319	319	civil service provision, or rule regarding pensions or
320	320	pension-related matters.
321	321	SECTION 2. This Act takes effect September 1, 2009.