Texas 2009 - 81st Regular

Texas Senate Bill SB2447 Compare Versions

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1	1	By: Uresti, Van de Putte S.B. No. 2447
2	2	(In the Senate - Filed March 13, 2009; March 31, 2009, read
3	3	first time and referred to Committee on Intergovernmental
4	4	Relations; May 7, 2009, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 3, Nays 1;
6	6	May 7, 2009, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 2447 By: Gallegos
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the right of certain counties to maintain local control
13	13	over wages, hours, and other terms and conditions of employment.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subtitle B, Title 5, Local Government Code, is
16	16	amended by adding Chapter 162 to read as follows:
17	17	CHAPTER 162. LOCAL CONTROL OF EMPLOYMENT MATTERS IN CERTAIN
18	18	COUNTIES
19	19	Sec. 162.001. APPLICABILITY. (a) This chapter applies
20	20	only to a county with a population of more than one million:
21	21	(1) in which more than 80 percent of the population
22	22	lives in a single municipality; and
23	23	(2) that has adopted a resolution or policy providing
24	24	for a consultation system in which the county will meet or consult
25	25	with an employee association representing employees if the
26	26	association demonstrates that the association is supported by at
27	27	least 30 percent of the employees eligible to participate.
28	28	(b) This chapter does not apply to:
29	29	(1) police officers who are covered by Chapter 174; or
30	30	(2) an employee association in which employees
31	31	described by Subdivision (1) participate.
32	32	Sec. 162.002. DEFINITIONS. In this chapter:
33	33	(1) "Covered employee" means an employee of a county,
34	34	other than a department head or a police officer who is covered by
35	35	Chapter 174.
36	36	(2) "Employee association" means an organization in
37	37	which county employees participate and that exists for the purpose,
38	38	wholly or partly, of dealing with one or more employers, whether
39	39	public or private, concerning grievances, labor disputes, wages,
40	40	rates of pay, hours of employment, or conditions of work affecting
41	41	public employees and whose members pay dues by means of an automatic
42	42	payroll deduction.
43	43	(3) "Public employer" means any county required to
44	44	establish the wages, salaries, rates of pay, hours, working
45	45	conditions, and other terms and conditions of employment of public
46	46	employees. The term may include, under appropriate circumstances,
47	47	a county judge, county commissioner, commissioners court, manager
48	48	or administrator of a county, director of personnel, personnel
49	49	board, or one or more other officials regardless of the name by
50	50	which they are designated.
51	51	Sec. 162.003. GENERAL PROVISIONS RELATING TO AGREEMENTS AND
52	52	RECOGNITION. (a) A county may not be denied local control over
53	53	wages, salaries, rates of pay, hours of work, other terms and
54	54	conditions of employment, or other state-mandated personnel
55	55	issues. A public employer may enter into a mutual agreement
56	56	governing these issues with an employee association recognized
57	57	under this chapter as the sole and exclusive bargaining agent for
58	58	all covered employees that does not advocate the illegal right to
59	59	strike by county employees. The applicable statutes, local orders
60	60	or ordinances, and civil service rules govern a term or condition of
61	61	employment on which the public employer and the association do not
62	62	agree.
63	63	(b) An agreement under this chapter must be written.
64	64	(c) This chapter does not require the public employer and
65	65	the recognized employee association to meet and confer or reach an
66	66	agreement on any issue.
67	67	(d) This chapter does not authorize an agreement regarding
68	68	pension or pension-related matters governed by Subtitle F, Title 8,
69	69	Government Code.
70	70	Sec. 162.004. PETITION FOR RECOGNITION: ELECTION OR ACTION
71	71	BY COMMISSIONERS COURT. (a) Not later than the 30th day after the
72	72	date the commissioners court of a county receives from an employee
73	73	association a petition signed by the majority of all covered
74	74	employees of the county that requests recognition of the
75	75	association as the sole and exclusive bargaining agent for all the
76	76	covered employees of that employer, the commissioners court shall:
77	77	(1) grant recognition of the association as requested
78	78	in the petition and find that a public employer may meet and confer
79	79	under this chapter without conducting an election by the voters in
80	80	the county under Section 162.006;
81	81	(2) defer granting recognition of the association and
82	82	order an election by the voters in the county under Section 162.006
83	83	regarding whether a public employer may meet and confer under this
84	84	chapter; or
85	85	(3) order a certification election under Section
86	86	162.005 to determine whether the association represents a majority
87	87	of the covered employees of the county.
88	88	(b) If the commissioners court of a county orders a
89	89	certification election under Subsection (a)(3) and the employee
90	90	association named in the petition is certified to represent a
91	91	majority of the covered employees, the commissioners court shall,
92	92	not later than the 30th day after the date that results of that
93	93	election are certified:
94	94	(1) grant recognition of the association as requested
95	95	in the petition for recognition and find that a public employer may
96	96	meet and confer under this chapter without conducting an election
97	97	by the voters in the county under Section 162.006; or
98	98	(2) defer granting recognition of the association and
99	99	order an election by the voters in the county under Section 162.006
100	100	regarding whether a public employer may meet and confer under this
101	101	chapter.
102	102	Sec. 162.005. CERTIFICATION ELECTION. (a) Except as
103	103	provided by Subsection (b), a certification election ordered under
104	104	Section 162.004(a)(3) to determine whether an employee association
105	105	represents a majority of the covered employees shall be conducted
106	106	according to procedures agreeable to the parties.
107	107	(b) If the parties are unable to agree on procedures for the
108	108	certification election, either party may request the American
109	109	Arbitration Association to conduct the election and to certify the
110	110	results of the election.
111	111	(c) The results of an election shall be certified if the
112	112	employee association receives a majority of valid votes cast in the
113	113	election.
114	114	(d) Certification of the results of an election under this
115	115	section resolves the question concerning representation.
116	116	(e) The employee association is liable for the expenses of
117	117	the 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. 162.006. ELECTION TO AUTHORIZE OPERATING UNDER THIS
123	123	CHAPTER. (a) The commissioners court of a county that receives a
124	124	petition for recognition under Section 162.004 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 county
129	129	officials that is held after the date the commissioners court of the
130	130	county 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 county) to operate under the
135	135	state law allowing a county to meet and confer and make agreements
136	136	with the association representing county employees as provided by
137	137	state law, preserving the prohibition against strikes and organized
138	138	work stoppages, and providing penalties for strikes and organized
139	139	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 county may operate under the other provisions of this chapter
145	145	only if a majority of the votes cast at the election favor the
146	146	proposition.
147	147	(f) If an election authorized under this section is held, an
148	148	employee association may not submit a petition for recognition to
149	149	the commissioners court of the county under Section 162.004 before
150	150	the second anniversary of the date of the election.
151	151	Sec. 162.007. CHANGE OR MODIFICATION OF RECOGNITION.
152	152	(a) The county employees may modify or change the recognition of
153	153	the employee association granted under this chapter by filing with
154	154	the commissioners court of the county a petition signed by a
155	155	majority of all covered employees.
156	156	(b) The commissioners court of the county 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 162.005 regarding whether to do so.
161	161	Sec. 162.008. STRIKES PROHIBITED. (a) A county employee
162	162	may not engage in a strike or organized work stoppage against this
163	163	state or the county.
164	164	(b) A county employee who participates in a strike forfeits
165	165	any civil service rights, reemployment rights, and other rights,
166	166	benefits, or privileges the employee may have as a result of the
167	167	employee's employment or prior employment with the county.
168	168	(c) This section does not affect the right of a person to
169	169	cease work if the person is not acting in concert with others in an
170	170	organized work stoppage.
171	171	Sec. 162.009. RECOGNITION OF EMPLOYEE ASSOCIATION. (a) A
172	172	public employer that chooses to meet and confer under this chapter
173	173	shall recognize an employee association that is recognized under
174	174	Section 162.004 or 162.005 as the sole and exclusive bargaining
175	175	agent for the covered employees of that employer.
176	176	(b) The public employer shall recognize the employee
177	177	association until recognition of the association is withdrawn, in
178	178	accordance with Section 162.007, by a majority of the county
179	179	employees eligible to sign a petition for recognition.
180	180	Sec. 162.010. SELECTION OF BARGAINING AGENT; BARGAINING
181	181	UNIT. (a) The county judge shall select one or more persons to
182	182	represent the public employer as its sole and exclusive bargaining
183	183	agent to meet and confer on issues related to the wages, hours of
184	184	employment, and other terms and conditions of employment of county
185	185	employees.
186	186	(b) An employee association may designate one or more
187	187	persons to negotiate or bargain on the association's behalf.
188	188	(c) A county's bargaining unit is composed of all the
189	189	covered employees of the county.
190	190	Sec. 162.011. PROTECTED RIGHTS OF EMPLOYEES. A meet and
191	191	confer agreement ratified under this chapter may not interfere with
192	192	the right of a member of a bargaining unit to pursue allegations of
193	193	discrimination based on race, creed, color, national origin,
194	194	religion, age, sex, or disability with the Texas Workforce
195	195	Commission civil rights division or the federal Equal Employment
196	196	Opportunity Commission or to pursue affirmative action litigation.
197	197	Sec. 162.012. OPEN RECORDS. (a) A proposed meet and
198	198	confer agreement is available to the public under Chapter 552,
199	199	Government Code, only after the agreement is ready to be ratified by
200	200	the commissioners court of the county. A document prepared and used
201	201	by the county, including a public employer, in connection with the
202	202	proposed agreement is available to the public under Chapter 552,
203	203	Government Code, only after the agreement is ratified by the
204	204	commissioners court of the county.
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. 162.013. 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 county 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 county or the representatives of the
216	216	recognized employee association from conducting private caucuses
217	217	that are not open to the public during meet and confer negotiations.
218	218	Sec. 162.014. RATIFICATION AND ENFORCEABILITY OF
219	219	AGREEMENT. (a) An agreement under this chapter is enforceable and
220	220	binding on the county, the recognized employee association, and the
221	221	employees covered by the meet and confer agreement only if:
222	222	(1) the commissioners court of the county ratified the
223	223	agreement by a majority vote; and
224	224	(2) the recognized employee association ratified the
225	225	agreement by conducting a secret ballot election at which the
226	226	majority of the covered employees who are members of the
227	227	association favored ratifying the agreement.
228	228	(b) A meet and confer agreement ratified as described by
229	229	Subsection (a) may establish a procedure by which the parties agree
230	230	to resolve disputes related to a right, duty, or obligation
231	231	provided by the agreement, including binding arbitration on a
232	232	question involving interpretation of the agreement.
233	233	(c) A state district court of a judicial district in which
234	234	the county is located has jurisdiction to hear and resolve a dispute
235	235	under the ratified meet and confer agreement on the application of a
236	236	party to the agreement aggrieved by an action or omission of the
237	237	other party when the action or omission is related to a right, duty,
238	238	or obligation provided by the agreement. The court may issue proper
239	239	restraining orders, temporary and permanent injunctions, or any
240	240	other writ, order, or process, including contempt orders, that are
241	241	appropriate to enforcing the agreement.
242	242	Sec. 162.015. ACTION OR ELECTION TO REPEAL AUTHORIZATION TO
243	243	OPERATE UNDER THIS CHAPTER. (a) The commissioners court of a
244	244	county that granted recognition of an employee association under
245	245	Section 162.004 without conducting an election under Section
246	246	162.006 may withdraw recognition of the association by providing to
247	247	the association not less than 90 days' written notice that:
248	248	(1) the commissioners court is withdrawing
249	249	recognition of the association; and
250	250	(2) any agreement between the commissioners court and
251	251	the association will not be renewed.
252	252	(b) The commissioners court of a county that granted
253	253	recognition of an employee association after conducting an election
254	254	under Section 162.006 may order an election to determine whether a
255	255	public employer may continue to meet and confer under this chapter.
256	256	The commissioners court may not order an election under this
257	257	subsection until the second anniversary of the date of the election
258	258	under Section 162.006.
259	259	(c) An election ordered under Subsection (b) must be held as
260	260	part of the next regularly scheduled general election for county
261	261	officers that occurs after the date the commissioners court of the
262	262	county orders the election and that allows sufficient time to
263	263	prepare the ballot in compliance with other requirements of law.
264	264	(d) The ballot for an election ordered under Subsection (b)
265	265	shall be printed to permit voting for or against the proposition:
266	266	"Authorizing __________ (name of the county) to continue to operate
267	267	under the state law allowing a county to meet and confer and make
268	268	agreements with the association representing county employees as
269	269	provided by state law, preserving the prohibition against strikes
270	270	and organized work stoppages, and providing penalties for strikes
271	271	and organized work stoppages."
272	272	(e) An election ordered under Subsection (b) must be held
273	273	and the returns prepared and canvassed in conformity with the
274	274	Election Code.
275	275	(f) If an election ordered under Subsection (b) is held, the
276	276	county may continue to operate under this chapter only if a majority
277	277	of the votes cast at the election favor the proposition.
278	278	(g) If an election ordered under Subsection (b) is held, an
279	279	employee association may not submit a petition for recognition to
280	280	the commissioners court of the county under Section 162.004 before
281	281	the second anniversary of the date of the election.
282	282	Sec. 162.016. ELECTION TO REPEAL AGREEMENT. (a) Not later
283	283	than the 45th day after the date a meet and confer agreement is
284	284	ratified by the commissioners court of the county and the
285	285	recognized employee association, a petition calling for the repeal
286	286	of the agreement signed by at least 10 percent of the qualified
287	287	voters residing in the county may be presented to the person charged
288	288	with ordering an election under Section 3.004, Election Code.
289	289	(b) If a petition is presented under Subsection (a), the
290	290	commissioners court of the county shall:
291	291	(1) repeal the meet and confer agreement; or
292	292	(2) certify that it is not repealing the agreement and
293	293	call an election to determine whether to repeal the agreement.
294	294	(c) An election called under Subsection (b)(2) may be held
295	295	as part of the next regularly scheduled general election for the
296	296	county or at a special election called by the commissioners court
297	297	for that purpose. The ballot shall be printed to permit voting for
298	298	or against the proposition: "Repeal the meet and confer agreement
299	299	ratified on _____ (date agreement was ratified) by the __________
300	300	(name of the commissioners court of the county) and the _____ (name
301	301	of the recognized employee association) concerning wages,
302	302	salaries, rates of pay, hours of work, and other terms of
303	303	employment."
304	304	(d) If a majority of the votes cast at the election favor the
305	305	repeal of the agreement, the agreement is void.
306	306	Sec. 162.017. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
307	307	A written meet and confer agreement ratified under this chapter
308	308	preempts, during the term of the agreement and to the extent of any
309	309	conflict, all contrary state statutes, local orders or ordinances,
310	310	executive orders, civil service provisions, or rules adopted by
311	311	this state or a political subdivision or agent of this state,
312	312	including a personnel governing body, civil service commission, or
313	313	county, other than a statute, order, ordinance, executive order,
314	314	civil service provision, or rule regarding pensions or
315	315	pension-related matters.
316	316	SECTION 2. This Act takes effect September 1, 2009.
317	317	* * * * *