Texas 2009 - 81st Regular

Texas Senate Bill SB1687 Compare Versions

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1	1	By: Hinojosa S.B. No. 1687
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the right of certain counties to maintain local control
7	7	over wages, hours, and other terms and conditions of employment.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle B, Title 5, Local Government Code, is
10	10	amended by adding Chapter 161 to read as follows:
11	11	CHAPTER 161. LOCAL CONTROL OF EMPLOYMENT MATTERS IN CERTAIN
12	12	COUNTIES
13	13	Sec. 161.001. APPLICABILITY. (a) This chapter applies
14	14	only to a county:
15	15	(1) that is located on an international border;
16	16	(2) that has a population of more than 560,000;
17	17	(3) in which more than 10 incorporated municipalities
18	18	are located; and
19	19	(4) that has adopted a resolution or policy providing
20	20	for a consultation system in which the county will meet or consult
21	21	with an employee association representing employees if the
22	22	association demonstrates that the association is supported by at
23	23	least 30 percent of the employees eligible to participate.
24	24	(b) This chapter does not apply to:
25	25	(1) police officers who are covered by Chapter 174; or
26	26	(2) an employee association in which employees
27	27	described by Subdivision (1) participate.
28	28	Sec. 161.002. DEFINITIONS. In this chapter:
29	29	(1) "Covered employee" means an employee of a county,
30	30	other than a department head or a police officer who is covered by
31	31	Chapter 174.
32	32	(2) "Employee association" means an organization in
33	33	which county employees participate and that exists for the purpose,
34	34	wholly or partly, of dealing with one or more employers, whether
35	35	public or private, concerning grievances, labor disputes, wages,
36	36	rates of pay, hours of employment, or conditions of work affecting
37	37	public employees and whose members pay dues by means of an automatic
38	38	payroll deduction.
39	39	(3) "Public employer" means any county or political
40	40	subdivision controlled by a county that is required to establish
41	41	the wages, salaries, rates of pay, hours, working conditions, and
42	42	other terms and conditions of employment of public employees. The
43	43	term may include, under appropriate circumstances, a county judge,
44	44	county commissioner, commissioners court, director of personnel,
45	45	personnel board, or one or more other officials regardless of the
46	46	name by which they are designated.
47	47	Sec. 161.003. GENERAL PROVISIONS RELATING TO AGREEMENTS AND
48	48	RECOGNITION. (a) A county may not be denied local control over
49	49	wages, salaries, rates of pay, hours of work, other terms and
50	50	conditions of employment, or other state-mandated personnel
51	51	issues. A public employer may enter into a mutual agreement
52	52	governing these issues with an employee association recognized
53	53	under this chapter as the sole and exclusive bargaining agent for
54	54	all covered employees that does not advocate the illegal right to
55	55	strike by county employees. The applicable statutes, local orders
56	56	or ordinances, and civil service rules govern a term or condition of
57	57	employment on which the public employer and the association do not
58	58	agree.
59	59	(b) An agreement under this chapter must be written.
60	60	(c) This chapter does not require the public employer and
61	61	the recognized employee association to meet and confer or reach an
62	62	agreement on any issue.
63	63	(d) This chapter does not authorize an agreement regarding
64	64	pension or pension-related matters governed by Subtitle F, Title 8,
65	65	Government Code.
66	66	Sec. 161.004. PETITION FOR RECOGNITION: ELECTION OR ACTION
67	67	BY COMMISSIONERS COURT. (a) Not later than the 30th day after the
68	68	date the commissioners court of a county receives from an employee
69	69	association a petition signed by the majority of all covered
70	70	employees of the county that requests recognition of the
71	71	association as the sole and exclusive bargaining agent for all the
72	72	covered employees of that employer, the commissioners court shall:
73	73	(1) grant recognition of the association as requested
74	74	in the petition and find that a public employer may meet and confer
75	75	under this chapter without conducting an election by the voters in
76	76	the county under Section 161.006;
77	77	(2) defer granting recognition of the association and
78	78	order an election by the voters in the county under Section 161.006
79	79	regarding whether a public employer may meet and confer under this
80	80	chapter; or
81	81	(3) order a certification election under Section
82	82	161.005 to determine whether the association represents a majority
83	83	of the covered employees of the county.
84	84	(b) If the commissioners court of a county orders a
85	85	certification election under Subsection (a)(3) and the employee
86	86	association named in the petition is certified to represent a
87	87	majority of the covered employees, the commissioners court shall,
88	88	not later than the 30th day after the date that results of that
89	89	election are certified:
90	90	(1) grant recognition of the association as requested
91	91	in the petition for recognition and find that a public employer may
92	92	meet and confer under this chapter without conducting an election
93	93	by the voters in the county under Section 161.006; or
94	94	(2) defer granting recognition of the association and
95	95	order an election by the voters in the county under Section 161.006
96	96	regarding whether a public employer may meet and confer under this
97	97	chapter.
98	98	Sec. 161.005. CERTIFICATION ELECTION. (a) Except as
99	99	provided by Subsection (b), a certification election ordered under
100	100	Section 161.004(a)(3) to determine whether an employee association
101	101	represents a majority of the covered employees shall be conducted
102	102	according to procedures agreeable to the parties.
103	103	(b) If the parties are unable to agree on procedures for the
104	104	certification election, either party may request the American
105	105	Arbitration Association to conduct the election and to certify the
106	106	results of the election.
107	107	(c) The results of an election shall be certified if the
108	108	employee association receives a majority of valid votes cast in the
109	109	election.
110	110	(d) Certification of the results of an election under this
111	111	section resolves the question concerning representation.
112	112	(e) The employee association is liable for the expenses of
113	113	the certification election, except that if two or more associations
114	114	seeking recognition as the sole and exclusive bargaining agent
115	115	submit a petition signed by at least 30 percent of the employees
116	116	eligible to sign the petition for recognition, all the associations
117	117	named in any petition shall share equally the costs of the election.
118	118	Sec. 161.006. ELECTION TO AUTHORIZE OPERATING UNDER THIS
119	119	CHAPTER. (a) The commissioners court of a county that receives a
120	120	petition for recognition under Section 161.004 may order an
121	121	election to determine whether a public employer may meet and confer
122	122	under this chapter.
123	123	(b) An election ordered under this section must be held as
124	124	part of the next regularly scheduled general election for county
125	125	officials that is held after the date the commissioners court of the
126	126	county orders the election and that allows sufficient time to
127	127	prepare the ballot in compliance with other requirements of law.
128	128	(c) The ballot for an election ordered under this section
129	129	shall be printed to permit voting for or against the proposition:
130	130	"Authorizing __________ (name of the county) to operate under the
131	131	state law allowing a county to meet and confer and make agreements
132	132	with the association representing county employees as provided by
133	133	state law, preserving the prohibition against strikes and organized
134	134	work stoppages, and providing penalties for strikes and organized
135	135	work stoppages."
136	136	(d) An election called under this section must be held and
137	137	the returns prepared and canvassed in conformity with the Election
138	138	Code.
139	139	(e) If an election authorized under this section is held,
140	140	the county may operate under the other provisions of this chapter
141	141	only if a majority of the votes cast at the election favor the
142	142	proposition.
143	143	(f) If an election authorized under this section is held, an
144	144	employee association may not submit a petition for recognition to
145	145	the commissioners court of the county under Section 161.004 before
146	146	the second anniversary of the date of the election.
147	147	Sec. 161.007. CHANGE OR MODIFICATION OF RECOGNITION.
148	148	(a) The county employees may modify or change the recognition of
149	149	the employee association granted under this chapter by filing with
150	150	the commissioners court of the county a petition signed by a
151	151	majority of all covered employees.
152	152	(b) The commissioners court of the county may:
153	153	(1) recognize the change or modification as provided
154	154	by the petition; or
155	155	(2) order a certification election in accordance with
156	156	Section 161.005 regarding whether to do so.
157	157	Sec. 161.008. STRIKES PROHIBITED. (a) A county employee
158	158	may not engage in a strike or organized work stoppage against this
159	159	state or the county.
160	160	(b) A county employee who participates in a strike forfeits
161	161	any civil service rights, reemployment rights, and other rights,
162	162	benefits, or privileges the employee may have as a result of the
163	163	employee's employment or prior employment with the county.
164	164	(c) This section does not affect the right of a person to
165	165	cease work if the person is not acting in concert with others in an
166	166	organized work stoppage.
167	167	Sec. 161.009. RECOGNITION OF EMPLOYEE ASSOCIATION. (a) A
168	168	public employer that chooses to meet and confer under this chapter
169	169	shall recognize an employee association that is recognized under
170	170	Section 161.004 or 161.005 as the sole and exclusive bargaining
171	171	agent for the covered employees of that employer.
172	172	(b) The public employer shall recognize the employee
173	173	association until recognition of the association is withdrawn, in
174	174	accordance with Section 161.007, by a majority of the county
175	175	employees eligible to sign a petition for recognition.
176	176	Sec. 161.010. SELECTION OF BARGAINING AGENT; BARGAINING
177	177	UNIT. (a) The commissioners court of a county shall select one or
178	178	more persons to represent the public employer as its sole and
179	179	exclusive bargaining agent to meet and confer on issues related to
180	180	the wages, hours of employment, and other terms and conditions of
181	181	employment of county employees.
182	182	(b) An employee association may designate one or more
183	183	persons to negotiate or bargain on the association's behalf.
184	184	(c) A county's bargaining unit is composed of all the
185	185	covered employees of the county.
186	186	Sec. 161.011. PROTECTED RIGHTS OF EMPLOYEES. A meet and
187	187	confer agreement ratified under this chapter may not interfere with
188	188	the right of a member of a bargaining unit to pursue allegations of
189	189	discrimination based on race, creed, color, national origin,
190	190	religion, age, sex, or disability with the Texas Workforce
191	191	Commission civil rights division or the federal Equal Employment
192	192	Opportunity Commission or to pursue affirmative action litigation.
193	193	Sec. 161.012. OPEN RECORDS. (a) A proposed meet and
194	194	confer agreement and a document prepared and used by the county,
195	195	including a public employer, in connection with the proposed
196	196	agreement are available to the public under Chapter 552, Government
197	197	Code, only after the agreement is ready to be ratified by the
198	198	commissioners court of the county.
199	199	(b) This section does not affect the application of
200	200	Subchapter C, Chapter 552, Government Code, to a document prepared
201	201	and used in connection with the agreement.
202	202	Sec. 161.013. OPEN DELIBERATIONS. (a) Deliberations
203	203	relating to a meet and confer agreement or proposed agreement under
204	204	this chapter between representatives of the county and
205	205	representatives of the employee association recognized under this
206	206	chapter as the sole and exclusive bargaining agent for the covered
207	207	employees must be open to the public and comply with state law.
208	208	(b) Subsection (a) may not be construed to prohibit the
209	209	representatives of the county or the representatives of the
210	210	recognized employee association from conducting private caucuses
211	211	that are not open to the public during meet and confer negotiations.
212	212	Sec. 161.014. RATIFICATION AND ENFORCEABILITY OF
213	213	AGREEMENT. (a) An agreement under this chapter is enforceable and
214	214	binding on the county, the recognized employee association, and the
215	215	employees covered by the meet and confer agreement only if:
216	216	(1) the commissioners court of the county ratified the
217	217	agreement by a majority vote; and
218	218	(2) the recognized employee association ratified the
219	219	agreement by conducting a secret ballot election at which the
220	220	majority of the covered employees who are members of the
221	221	association favored ratifying the agreement.
222	222	(b) A meet and confer agreement ratified as described by
223	223	Subsection (a) may establish a procedure by which the parties agree
224	224	to resolve disputes related to a right, duty, or obligation
225	225	provided by the agreement, including binding arbitration on a
226	226	question involving interpretation of the agreement.
227	227	(c) A state district court of a judicial district in which
228	228	the county is located has jurisdiction to hear and resolve a dispute
229	229	under the ratified meet and confer agreement on the application of a
230	230	party to the agreement aggrieved by an action or omission of the
231	231	other party when the action or omission is related to a right, duty,
232	232	or obligation provided by the agreement. The court may issue proper
233	233	restraining orders, temporary and permanent injunctions, or any
234	234	other writ, order, or process, including contempt orders, that are
235	235	appropriate to enforcing the agreement.
236	236	Sec. 161.015. ACTION OR ELECTION TO REPEAL AUTHORIZATION TO
237	237	OPERATE UNDER THIS CHAPTER. (a) The commissioners court of a
238	238	county that granted recognition of an employee association under
239	239	Section 161.004 without conducting an election under Section
240	240	161.006 may withdraw recognition of the association by providing to
241	241	the association not less than 90 days' written notice that:
242	242	(1) the commissioners court is withdrawing
243	243	recognition of the association; and
244	244	(2) any agreement between the commissioners court and
245	245	the association will not be renewed.
246	246	(b) The commissioners court of a county that granted
247	247	recognition of an employee association after conducting an election
248	248	under Section 161.006 may order an election to determine whether a
249	249	public employer may continue to meet and confer under this chapter.
250	250	The commissioners court may not order an election under this
251	251	subsection until the second anniversary of the date of the election
252	252	under Section 161.006.
253	253	(c) An election ordered under Subsection (b) must be held as
254	254	part of the next regularly scheduled general election for county
255	255	officers that occurs after the date the commissioners court of the
256	256	county orders the election and that allows sufficient time to
257	257	prepare the ballot in compliance with other requirements of law.
258	258	(d) The ballot for an election ordered under Subsection (b)
259	259	shall be printed to permit voting for or against the proposition:
260	260	"Authorizing __________ (name of the county) to continue to operate
261	261	under the state law allowing a county to meet and confer and make
262	262	agreements with the association representing county employees as
263	263	provided by state law, preserving the prohibition against strikes
264	264	and organized work stoppages, and providing penalties for strikes
265	265	and organized work stoppages."
266	266	(e) An election ordered under Subsection (b) must be held
267	267	and the returns prepared and canvassed in conformity with the
268	268	Election Code.
269	269	(f) If an election ordered under Subsection (b) is held, the
270	270	county may continue to operate under this chapter only if a majority
271	271	of the votes cast at the election favor the proposition.
272	272	(g) If an election ordered under Subsection (b) is held, an
273	273	employee association may not submit a petition for recognition to
274	274	the commissioners court of the county under Section 161.004 before
275	275	the second anniversary of the date of the election.
276	276	Sec. 161.016. ELECTION TO REPEAL AGREEMENT. (a) Not later
277	277	than the 45th day after the date a meet and confer agreement is
278	278	ratified by the commissioners court of the county and the
279	279	recognized employee association, a petition calling for the repeal
280	280	of the agreement signed by at least 10 percent of the qualified
281	281	voters residing in the county may be presented to the person charged
282	282	with ordering an election under Section 3.004, Election Code.
283	283	(b) If a petition is presented under Subsection (a), the
284	284	commissioners court of the county shall:
285	285	(1) repeal the meet and confer agreement; or
286	286	(2) certify that it is not repealing the agreement and
287	287	call an election to determine whether to repeal the agreement.
288	288	(c) An election called under Subsection (b)(2) may be held
289	289	as part of the next regularly scheduled general election for the
290	290	county or at a special election called by the commissioners court
291	291	for that purpose. The ballot shall be printed to permit voting for
292	292	or against the proposition: "Repeal the meet and confer agreement
293	293	ratified on _____ (date agreement was ratified) by the __________
294	294	(name of the commissioners court of the county) and the _____ (name
295	295	of the recognized employee association) concerning wages,
296	296	salaries, rates of pay, hours of work, and other terms of
297	297	employment."
298	298	(d) If a majority of the votes cast at the election favor the
299	299	repeal of the agreement, the agreement is void.
300	300	Sec. 161.017. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
301	301	A written meet and confer agreement ratified under this chapter
302	302	preempts, during the term of the agreement and to the extent of any
303	303	conflict, all contrary state statutes, local orders or ordinances,
304	304	executive orders, civil service provisions, or rules adopted by
305	305	this state or a political subdivision or agent of this state,
306	306	including a civil service commission or county, other than a
307	307	statute, order, ordinance, executive order, civil service
308	308	provision, or rule regarding pensions or pension-related matters.
309	309	SECTION 2. This Act takes effect September 1, 2009.