Texas 2009 - 81st Regular

Texas Senate Bill SB2069 Compare Versions

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1	1	81R9463 JSC-D
2	2	By: Davis, Wendy S.B. No. 2069
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 that:
17	17	(1) has a population of at least 500,000; and
18	18	(2) is located in a county that has:
19	19	(A) a population of 1.4 million or more; and
20	20	(B) two or more cities or towns in the county
21	21	that:
22	22	(i) are predominately located in the
23	23	county; and
24	24	(ii) have a population of more than
25	25	300,000.
26	26	(b) This chapter does not apply to:
27	27	(1) firefighters or police officers who are covered by
28	28	Subchapter H, I, or J of Chapter 143, by Chapter 174, or by another
29	29	law under which firefighters or police officers may be covered by a
30	30	similar meet and confer or arbitration agreement; or
31	31	(2) an employee association in which employees
32	32	described by Subdivision (1) participate.
33	33	Sec. 149.002. DEFINITIONS. In this chapter:
34	34	(1) "Covered employee" means an employee of a
35	35	municipality, other than a department head or a firefighter or
36	36	police officer who is covered by Subchapter I, Chapter 143, Chapter
37	37	174, or another law under which firefighters or police officers may
38	38	be covered by a similar meet and confer or arbitration agreement.
39	39	(2) "Employee association" means an organization in
40	40	which municipal employees participate and that exists for the
41	41	purpose, wholly or partly, of dealing with one or more employers,
42	42	whether public or private, concerning grievances, labor disputes,
43	43	wages, rates of pay, hours of employment, or conditions of work
44	44	affecting public employees and whose members pay dues by means of an
45	45	automatic payroll deduction.
46	46	(3) "Public employer" means any municipality or
47	47	agency, board, commission, or political subdivision controlled by a
48	48	municipality that is required to establish the wages, salaries,
49	49	rates of pay, hours, working conditions, and other terms and
50	50	conditions of employment of public employees. The term may
51	51	include, under appropriate circumstances, a mayor, manager,
52	52	administrator of a municipality, municipal governing body,
53	53	director of personnel, personnel board, or one or more other
54	54	officials regardless of the name by which they are designated.
55	55	Sec. 149.003. GENERAL PROVISIONS RELATING TO AGREEMENTS AND
56	56	RECOGNITION. (a) A municipality may not be denied local control
57	57	over wages, salaries, rates of pay, hours of work, other terms and
58	58	conditions of employment, or other state-mandated personnel
59	59	issues. A public employer may enter into a mutual agreement
60	60	governing these issues with an employee association recognized
61	61	under this chapter as the sole and exclusive bargaining agent for
62	62	all covered employees that does not advocate the illegal right to
63	63	strike by municipal employees. The applicable statutes, local
64	64	ordinances, and civil service rules govern a term or condition of
65	65	employment on which the public employer and the association do not
66	66	agree.
67	67	(b) An agreement under this chapter must be written.
68	68	(c) This chapter does not require the public employer and
69	69	the recognized employee association to meet and confer or reach an
70	70	agreement on any issue.
71	71	(d) This chapter does not authorize an agreement regarding
72	72	pension or pension-related matters governed by statute.
73	73	Sec. 149.004. PETITION FOR RECOGNITION: ELECTION OR ACTION
74	74	BY GOVERNING BODY. (a) Not later than the 30th day after the date
75	75	the governing body of a municipality receives from an employee
76	76	association a petition signed by the majority of all covered
77	77	employees that requests recognition of the association as the sole
78	78	and exclusive bargaining agent for all the covered employees, the
79	79	governing body shall:
80	80	(1) grant recognition of the association as requested
81	81	in the petition and find that a public employer may meet and confer
82	82	under this chapter without conducting an election by the voters in
83	83	the municipality under Section 149.006;
84	84	(2) defer granting recognition of the association and
85	85	order an election by the voters in the municipality under Section
86	86	149.006 regarding whether a public employer may meet and confer
87	87	under this chapter; or
88	88	(3) order a certification election under Section
89	89	149.005 to determine whether the association represents a majority
90	90	of the covered employees.
91	91	(b) If the governing body of a municipality orders a
92	92	certification election under Subsection (a)(3) and the association
93	93	named in the petition is certified to represent a majority of the
94	94	covered employees, the governing body shall, not later than the
95	95	30th day after the date that results of that election are certified:
96	96	(1) grant recognition of the association as requested
97	97	in the petition for recognition and find that a public employer may
98	98	meet and confer under this chapter without conducting an election
99	99	by the voters in the municipality under Section 149.006; or
100	100	(2) defer granting recognition of the association and
101	101	order an election by the voters in the municipality under Section
102	102	149.006 regarding whether a public employer may meet and confer
103	103	under this chapter.
104	104	Sec. 149.005. CERTIFICATION ELECTION. (a) Except as
105	105	provided by Subsection (b), a certification election ordered under
106	106	Section 149.004(a)(3) to determine whether an employee association
107	107	represents a majority of the covered employees shall be conducted
108	108	according to procedures agreeable to the parties.
109	109	(b) If the parties are unable to agree on procedures for the
110	110	certification election, either party may request the American
111	111	Arbitration Association to conduct the election and to certify the
112	112	results of the election.
113	113	(c) The results of an election shall be certified if the
114	114	employee association receives a majority of valid votes cast in the
115	115	election.
116	116	(d) The association is liable for the expenses of the
117	117	certification election, except that if two or more associations
118	118	seeking recognition as the sole and exclusive bargaining agent
119	119	submit a petition signed by at least 30 percent of the employees
120	120	eligible to sign the petition for recognition, all the associations
121	121	named in any petition shall share equally the costs of the election.
122	122	Sec. 149.006. ELECTION TO AUTHORIZE OPERATING UNDER THIS
123	123	CHAPTER. (a) The governing body of a municipality that receives a
124	124	petition for recognition under Section 149.004 may order an
125	125	election to determine whether a public employer may meet and confer
126	126	under this chapter.
127	127	(b) An election ordered under this section must be held as
128	128	part of the next regularly scheduled general election for municipal
129	129	officials that is held after the date the governing body of the
130	130	municipality orders the election and that allows sufficient time to
131	131	prepare the ballot in compliance with other requirements of law.
132	132	(c) The ballot for an election ordered under this section
133	133	shall be printed to permit voting for or against the proposition:
134	134	"Authorizing __________ (name of the municipality) to operate under
135	135	the state law allowing a municipality to meet and confer and make
136	136	agreements with the association representing municipal employees
137	137	as provided by state law, preserving the prohibition against
138	138	strikes and organized work stoppages, and providing penalties for
139	139	strikes and organized work stoppages."
140	140	(d) An election called under this section must be held and
141	141	the returns prepared and canvassed in conformity with the Election
142	142	Code.
143	143	(e) If an election authorized under this section is held,
144	144	the municipality may operate under the other provisions of this
145	145	chapter only if a majority of the votes cast at the election favor
146	146	the proposition.
147	147	(f) If an election authorized under this section is held, an
148	148	association may not submit a petition for recognition to the
149	149	governing body of the municipality under Section 149.004 before the
150	150	second anniversary of the date of the election.
151	151	Sec. 149.007. CHANGE OR MODIFICATION OF RECOGNITION. (a)
152	152	The municipal employees may modify or change the recognition of the
153	153	employee association granted under this chapter by filing with the
154	154	governing body of the municipality a petition signed by a majority
155	155	of all covered employees.
156	156	(b) The governing body of the municipality may:
157	157	(1) recognize the change or modification as provided
158	158	by the petition; or
159	159	(2) order a certification election in accordance with
160	160	Section 149.005 regarding whether to do so.
161	161	Sec. 149.008. STRIKES PROHIBITED. (a) A municipal
162	162	employee may not engage in a strike or organized work stoppage
163	163	against this state or the municipality.
164	164	(b) A municipal employee who participates in a strike
165	165	forfeits any civil service rights, reemployment rights, and other
166	166	rights, benefits, or privileges the employee may have as a result of
167	167	the employee's employment or prior employment with the
168	168	municipality.
169	169	(c) This section does not affect the right of a person to
170	170	cease work if the person is not acting in concert with others in an
171	171	organized work stoppage.
172	172	Sec. 149.009. RECOGNITION OF EMPLOYEE ASSOCIATION. (a) A
173	173	public employer in a municipality that chooses to meet and confer
174	174	under this chapter shall recognize an association that is
175	175	recognized under Section 149.004 or 149.005 as the sole and
176	176	exclusive bargaining agent for the covered employees.
177	177	(b) The public employer shall recognize the employee
178	178	association until recognition of the association is withdrawn, in
179	179	accordance with Section 149.007, by a majority of the municipal
180	180	employees eligible to sign a petition for recognition.
181	181	Sec. 149.010. SELECTION OF BARGAINING AGENT; BARGAINING
182	182	UNIT. (a) The public employer's chief executive officer or the
183	183	chief executive officer's designee shall select one or more persons
184	184	to represent the public employer as its sole and exclusive
185	185	bargaining agent to meet and confer on issues related to the wages,
186	186	hours of employment, and other terms and conditions of employment
187	187	of municipal employees.
188	188	(b) An employee association may designate one or more
189	189	persons to negotiate or bargain on the association's behalf.
190	190	(c) A municipality's bargaining unit is composed of all the
191	191	covered employees.
192	192	Sec. 149.011. PROTECTED RIGHTS OF EMPLOYEES. A meet and
193	193	confer agreement ratified under this chapter may not interfere with
194	194	the right of a member of a bargaining unit to pursue allegations of
195	195	discrimination based on race, creed, color, national origin,
196	196	religion, age, sex, or disability with the Texas Workforce
197	197	Commission civil rights division or the federal Equal Employment
198	198	Opportunity Commission or to pursue affirmative action litigation.
199	199	Sec. 149.012. OPEN RECORDS. (a) A proposed meet and confer
200	200	agreement and a document prepared and used by the municipality,
201	201	including a public employer, in connection with the proposed
202	202	agreement are available to the public under Chapter 552, Government
203	203	Code, only after the agreement is ready to be ratified by the
204	204	governing body of the municipality.
205	205	(b) This section does not affect the application of
206	206	Subchapter C, Chapter 552, Government Code, to a document prepared
207	207	and used in connection with the agreement.
208	208	Sec. 149.013. OPEN DELIBERATIONS. (a) Deliberations
209	209	relating to a meet and confer agreement or proposed agreement under
210	210	this chapter between representatives of the public employer and
211	211	representatives of the employee association recognized under this
212	212	chapter as the sole and exclusive bargaining agent for the covered
213	213	employees must be open to the public and comply with state law.
214	214	(b) Subsection (a) may not be construed to prohibit the
215	215	representatives of the public employer or the representatives of
216	216	the recognized employee association from conducting private
217	217	caucuses that are not open to the public during meet and confer
218	218	negotiations.
219	219	Sec. 149.014. RATIFICATION AND ENFORCEABILITY OF
220	220	AGREEMENT. (a) An agreement under this chapter is enforceable and
221	221	binding on the public employer, the recognized employee
222	222	association, and the employees covered by the meet and confer
223	223	agreement only if:
224	224	(1) the governing body of the municipality ratified
225	225	the agreement by a majority vote; and
226	226	(2) the recognized employee association ratified the
227	227	agreement by conducting a secret ballot election at which the
228	228	majority of the covered employees who voted in the election and are
229	229	members of the association favored ratifying the agreement.
230	230	(b) A meet and confer agreement ratified as described by
231	231	Subsection (a) may establish a procedure by which the parties agree
232	232	to resolve disputes related to a right, duty, or obligation
233	233	provided by the agreement, including binding arbitration on a
234	234	question involving interpretation of the agreement.
235	235	(c) A state district court of a judicial district in which
236	236	the municipality is located has jurisdiction to hear and resolve a
237	237	dispute under the ratified meet and confer agreement on the
238	238	application of a party to the agreement aggrieved by an action or
239	239	omission of the other party when the action or omission is related
240	240	to a right, duty, or obligation provided by the agreement. The
241	241	court may issue proper restraining orders, temporary and permanent
242	242	injunctions, or any other writ, order, or process, including
243	243	contempt orders, that are appropriate to enforcing the agreement.
244	244	Sec. 149.015. ACTION OR ELECTION TO REPEAL AUTHORIZATION TO
245	245	OPERATE UNDER THIS CHAPTER. (a) The governing body of a
246	246	municipality that granted recognition of an employee association
247	247	under Section 149.004 without conducting an election under Section
248	248	149.006 may withdraw recognition of the association by providing to
249	249	the association not less than 90 days' written notice that:
250	250	(1) the governing body is withdrawing recognition of
251	251	the association; and
252	252	(2) any agreement between the governing body and the
253	253	association will not be renewed.
254	254	(b) The governing body of a municipality that granted
255	255	recognition of an employee association after conducting an election
256	256	under Section 149.006 may order an election to determine whether a
257	257	public employer may continue to meet and confer under this chapter.
258	258	The governing body may not order an election under this subsection
259	259	until the second anniversary of the date of the election under
260	260	Section 149.006.
261	261	(c) An election ordered under Subsection (b) must be held as
262	262	part of the next regularly scheduled general election for municipal
263	263	officers that occurs after the date the governing body of the
264	264	municipality orders the election and that allows sufficient time to
265	265	prepare the ballot in compliance with other requirements of law.
266	266	(d) The ballot for an election ordered under Subsection (b)
267	267	shall be printed to permit voting for or against the proposition:
268	268	"Authorizing __________ (name of the municipality) to continue to
269	269	operate under the state law allowing a municipality to meet and
270	270	confer and make agreements with the association representing
271	271	municipal employees as provided by state law, preserving the
272	272	prohibition against strikes and organized work stoppages, and
273	273	providing penalties for strikes and organized work stoppages."
274	274	(e) An election ordered under Subsection (b) must be held
275	275	and the returns prepared and canvassed in conformity with the
276	276	Election Code.
277	277	(f) If an election ordered under Subsection (b) is held, the
278	278	municipality may continue to operate under this chapter only if a
279	279	majority of the votes cast at the election favor the proposition.
280	280	(g) If an election ordered under Subsection (b) is held, an
281	281	association may not submit a petition for recognition to the
282	282	governing body of the municipality under Section 149.004 before the
283	283	second anniversary of the date of the election.
284	284	Sec. 149.016. ELECTION TO REPEAL AGREEMENT. (a) Not later
285	285	than the 45th day after the date a meet and confer agreement is
286	286	ratified by the governing body of the municipality and the
287	287	recognized employee association, a petition calling for the repeal
288	288	of the agreement signed by at least 10 percent of the qualified
289	289	voters residing in the municipality may be presented to the person
290	290	charged with ordering an election under Section 3.004, Election
291	291	Code.
292	292	(b) If a petition is presented under Subsection (a), the
293	293	governing body of the municipality shall:
294	294	(1) repeal the meet and confer agreement; or
295	295	(2) certify that it is not repealing the agreement and
296	296	call an election to determine whether to repeal the agreement.
297	297	(c) An election called under Subsection (b)(2) may be held
298	298	as part of the next regularly scheduled general election for the
299	299	municipality or at a special election called by the governing body
300	300	for that purpose. The ballot shall be printed to permit voting for
301	301	or against the proposition: "Repeal the meet and confer agreement
302	302	ratified on _____ (date agreement was ratified) by the __________
303	303	(name of the governing body of the municipality) and the _____ (name
304	304	of the recognized municipal employee association) concerning
305	305	wages, salaries, rates of pay, hours of work, and other terms of
306	306	employment."
307	307	(d) If a majority of the votes cast at the election favor the
308	308	repeal of the agreement, the agreement is void.
309	309	Sec. 149.017. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
310	310	A written meet and confer agreement ratified under this chapter
311	311	preempts, during the term of the agreement and to the extent of any
312	312	conflict, all contrary state statutes, local ordinances, executive
313	313	orders, civil service provisions, or rules adopted by this state or
314	314	a political subdivision or agent of this state, including a
315	315	personnel board, civil service commission, or home-rule
316	316	municipality, other than a statute, ordinance, executive order,
317	317	civil service provision, or rule regarding pensions or
318	318	pension-related matters.
319	319	SECTION 2. This Act takes effect September 1, 2009.