Texas 2009 - 81st Regular

Texas Senate Bill SB2490 Compare Versions

Only one version of the bill is available at this time.

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1	1	81R14484 T
2	2	By: Gallegos S.B. No. 2490
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the right of certain counties to maintain local control
8	8	over wages, hours, and other terms and conditions of employment.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle B, Title 5, Local Government Code, is
11	11	amended by adding Chapter 162 to read as follows:
12	12	CHAPTER H. LOCAL CONTROL OF EMPLOYMENT MATTERS IN CERTAIN COUNTIES
13	13	Sec. 162.001. APPLICABILITY. (a) This chapter applies
14	14	only to a County with a population of three million or more.
15	15	(b) This chapter does not apply to
16	16	(1) police officers who are covered by Chapter 174; or
17	17	(2) an employee association in which those employees
18	18	participate.
19	19	Sec. 162.002. DEFINITIONS. In this chapter:
20	20	(1) "Covered employee" means an employee of a county,
21	21	other than a department head or a police officer who is covered by
22	22	Chapter 174.
23	23	(2) "Employee association" means an organization in
24	24	which county employees participate and that exists for the purpose,
25	25	wholly or partly, of dealing with one or more employers, whether
26	26	public or private, concerning grievances, labor disputes, wages,
27	27	rates of pay, hours of employment, or conditions of work affecting
28	28	public employees and whose members pay dues by means of an automatic
29	29	payroll deduction.
30	30	(3) "Public Employer" means any county that is
31	31	required to establish the wages, salaries, rates of pay, hours,
32	32	working conditions, and other terms and conditions of employment of
33	33	public employees. The term may include, under appropriate
34	34	circumstances, a Commissioner's Court, manager, administrator of a
35	35	county, county governing body, director of personnel, personnel
36	36	board, or one or more other officials regardless of the name by
37	37	which they are designated.
38	38	Sec. 162.003. GENERAL PROVISIONS RELATING TO AGREEMENTS AND
39	39	RECOGNITION. (a) A county may not be denied local control over
40	40	wages, salaries, rates of pay, hours of work, other terms and
41	41	conditions of employment, or other state-mandated personnel
42	42	issues. A county may enter into a mutual agreement governing these
43	43	issues with an employee association recognized under this chapter
44	44	as the sole and exclusive bargaining agent for all covered
45	45	employees of that employer that does not advocate the illegal right
46	46	to strike by county employees. The applicable statutes, local
47	47	ordinances, and civil service rules govern a term or condition of
48	48	employment on which the public employer and the association do not
49	49	agree.
50	50	(b) An agreement under this chapter must be written.
51	51	(c) This chapter does not require the county and the
52	52	recognized employee association to meet and confer or reach an
53	53	agreement on any issue.
54	54	(d) This chapter does not authorize an agreement regarding
55	55	pensions or pension-related matters governed by Subtitle F, Title
56	56	8, Texas Government Code.
57	57	Sec. 162.004. PETITION FOR RECOGNITION: ELECTION OR ACTION
58	58	BY GOVERNING BODY. (a) Not later than the 30th day after the date
59	59	the commissioners court of a county receives from an employee
60	60	association a petition signed by the majority of all covered
61	61	employees of a county that requests recognition of the association
62	62	as the sole and exclusive bargaining agent for all the covered
63	63	employees of that employer, the commissioners court shall:
64	64	(1) grant recognition of the association as requested
65	65	in the petition and find that a county may meet and confer under
66	66	this chapter without conducting an election by the voters in the
67	67	county under Section 162.006;
68	68	(2) defer granting recognition of the association and
69	69	order an election by the voters in the county under Section 162.006
70	70	regarding whether a county may meet and confer under this chapter;
71	71	or
72	72	(3) order a certification election under Section
73	73	162.005 to determine whether the association represents a majority
74	74	of the covered employees of the county.
75	75	(b) If the commissioners court of a county orders a
76	76	certification election under Subsection (a)(3) and the association
77	77	named in the petition is certified to represent a majority of the
78	78	covered employees, the commissioners court shall, not later than
79	79	the 30th day after the date that results of that election are
80	80	certified:
81	81	(1) grant recognition of the association as requested
82	82	in the petition for recognition and find that a county may meet and
83	83	confer under this chapter without conducting an election by the
84	84	voters in the county under Section 162.006; or
85	85	(2) defer granting recognition of the association and
86	86	order an election by the voters in the county under Section 162.006
87	87	regarding whether a county may meet and confer under this chapter.
88	88	Sec. 162.005. CERTIFICATION ELECTION. (a) Except as
89	89	provided by Subsection (b), a certification election ordered under
90	90	Section 162.004(a)(3) to determine whether an employee association
91	91	represents a majority of the covered employees shall be conducted
92	92	according to procedures agreeable to the parties.
93	93	(b) If the parties are unable to agree on procedures for the
94	94	certification election, either party may request the American
95	95	Arbitration Association to conduct the election and to certify the
96	96	results of the election.
97	97	(c) The results of an election shall be certified if the
98	98	employee association receives a majority of the valid votes cast in
99	99	the election.
100	100	(d) Certification of the results of an election under this
101	101	section resolves the question concerning representation.
102	102	(e) The association is liable for the expenses of the
103	103	certification election, except that if two or more associations
104	104	seeking recognition as the sole and exclusive bargaining agent
105	105	submit a petition signed by at least 30 percent of the employees
106	106	eligible to sign the petition for recognition, all the associations
107	107	named in any petition shall share equally the costs of the election.
108	108	Sec. 162.006. ELECTION TO AUTHORIZE OPERATING UNDER THIS
109	109	CHAPTER. (a) The commissioners court of a county that receives a
110	110	petition for recognition under Section 162.004 may order an
111	111	election to determine whether a county may meet and confer under
112	112	this chapter.
113	113	(b) An election ordered under this section must be held as
114	114	part of the next regularly scheduled general election for county
115	115	officials that is held after the date the commissioners court of the
116	116	county orders the election and that allows sufficient time to
117	117	prepare the ballot in compliance with other requirements of law.
118	118	(c) The ballot for an election ordered under this section
119	119	shall be printed to permit voting for or against the proposition:
120	120	"Authorizing (name of the county) to operate under the state
121	121	law allowing a county to meet and confer and make agreements with
122	122	the association representing county employees as provided by state
123	123	law, preserving the prohibition against strikes and organized work
124	124	stoppages, stoppages and providing penalties for strikes and
125	125	organized work stoppages."
126	126	(d) An election called under this section must be held and
127	127	the returns prepared and canvassed in conformity with the Election
128	128	Code.
129	129	(e) If an election authorized under this section is held,
130	130	the county may operate under the other provisions of this chapter
131	131	only if a majority of the votes cast at the election favor the
132	132	proposition.
133	133	(f) If an election authorized under this section is held, an
134	134	association may not submit a petition for recognition for that
135	135	county to the commissioners court of the county under Section
136	136	162.004 before the second anniversary of the date of the election.
137	137	Sec. 162.007. CHANGE OR MODIFICATION OF
138	138	RECOGNITION. (a) The county employees may modify or change the
139	139	recognition of the employee association granted under this chapter
140	140	by filing with the commissioners court of the county a petition
141	141	signed by a majority of all covered employees.
142	142	(b) The commissioners court of the county may:
143	143	(1) recognize the change or modification as provided
144	144	by the petition; or
145	145	(2) order a certification election in accordance with
146	146	Section 162.005 regarding whether to do so.
147	147	Sec. 162.008. STRIKES PROHIBITED. (a) A county employee
148	148	may not engage in a strike or organized work stoppage against this
149	149	state, or a county.
150	150	(b) A county employee who participates in a strike forfeits
151	151	any civil service rights, reemployment rights, and other rights,
152	152	benefits, or privileges the employee may have as a result of the
153	153	employee's employment or prior employment with the county.
154	154	(c) This section does not affect the right of a person to
155	155	cease work if the person is not acting in concert with others in an
156	156	organized work stoppage.
157	157	Sec. 162.009. RECOGNITION OF EMPLOYEE ASSOCIATION. (a) A
158	158	county that chooses to meet and confer under this chapter shall
159	159	recognize an association that is recognized under Section 162.004
160	160	or 162.005 as the sole and exclusive bargaining agent for the
161	161	covered employees of that employer.
162	162	(b) the county shall recognize the employee association
163	163	until recognition of the association is withdrawn, in accordance
164	164	with Section 162.007, by a majority of the county employees
165	165	eligible to sign a petition for recognition.
166	166	Sec. 162.010. SELECTION OF BARGAINING AGENT; BARGAINING
167	167	UNIT. (a) The commissioners court shall select one or more
168	168	persons to represent the county as its sole and exclusive
169	169	bargaining agent to meet and confer on issues related to the wages,
170	170	hours of employment, and other terms and conditions of employment
171	171	of county employees.
172	172	(b) an employee association may designate one or more
173	173	persons to negotiate or bargain on the association's behalf.
174	174	(c) A county's bargaining unit is composed of all the
175	175	covered employees of the county.
176	176	Sec. 162.011. PROTECTED RIGHTS OF EMPLOYEES. A meet and
177	177	confer agreement ratified under this chapter may not interfere with
178	178	the right of a member of a bargaining unit to pursue allegations of
179	179	discrimination based on race, creed, color, national origin,
180	180	religion, age, sex, or disability with the Texas Workforce
181	181	Commission civil rights division or the federal Equal Employment
182	182	Opportunity Commission or to pursue affirmative action litigation.
183	183	Sec. 162.012. OPEN RECORDS. (a) A proposed meet and
184	184	confer agreement and a document prepared and used by the county,
185	185	including a public employer, in connection with the proposed
186	186	agreement are available to the public under chapter 552, Government
187	187	Code, only after the agreement is ready to be ratified by the
188	188	commissioners court of the county.
189	189	(b) This section does not affect the application of Chapter
190	190	C, chapter 552, Government Code, to a document prepared and used in
191	191	connection with the agreement.
192	192	Sec. 162.013. OPEN DELIBERATIONS. (a) Deliberations
193	193	relating to a meet and confer agreement or proposed agreement under
194	194	this chapter between representatives of the county and
195	195	representatives of the employee association recognized under this
196	196	chapter as the sole and exclusive bargaining agent for the covered
197	197	employees must be open to the public and comply with state law.
198	198	(b) Subsection (a) may not be construed to prohibit the
199	199	representatives of the county or the representatives of the
200	200	recognized employee association from conducting private caucuses
201	201	that are not open to the public during meet and confer negotiations.
202	202	Sec. 162.014. RATIFICATION AND ENFORCEABILITY OF
203	203	AGREEMENT. (a) An agreement under this chapter is enforceable
204	204	and binding on the county, the recognized employee association, and
205	205	the employees covered by the meet and confer agreement only if:
206	206	(1) the commissioners court of the county ratified the
207	207	agreement by a majority vote; and
208	208	(2) the recognized employee association ratified the
209	209	agreement by conducting a secret ballot election at which the
210	210	majority of the covered employees who are members of the
211	211	association favored ratifying the agreement.
212	212	(b) A meet and confer agreement ratified as described by
213	213	Subsection (a) may establish a procedure by which the parties agree
214	214	to resolve disputes related to a right, duty, or obligation
215	215	provided by the agreement, including binding arbitration on a
216	216	question involving interpretation of the agreement.
217	217	(c) A state district court of a judicial district in which
218	218	the county is located has jurisdiction to hear and resolve a dispute
219	219	under the ratified meet and confer agreement on the application of a
220	220	party to the agreement aggrieved by an action or omission of the
221	221	other party when the action or omission is related to a right, duty,
222	222	or obligation provided by the agreement. The court may issue proper
223	223	restraining orders, temporary and permanent injunctions, or any
224	224	other writ, order, or process, including contempt orders, that are
225	225	appropriate to enforcing the agreement.
226	226	Sec. 162.015. ACTION OR ELECTION TO REPEAL AUTHORIZATION TO
227	227	OPERATE UNDER THIS chapter. (a) The commissioners court of a
228	228	county that granted recognition of an employee association under
229	229	Section 162.004 without conducting an election under Section
230	230	162.006 may withdraw recognition of the association by providing to
231	231	the association not less than 90 days' written notice that:
232	232	(1) the commissioners court is withdrawing
233	233	recognition of the association; and
234	234	(2) any agreement between the commissioners court and
235	235	the association will not be renewed.
236	236	(b) The commissioners court of a county that granted
237	237	recognition of an employee association after conducting an election
238	238	under Section 162.006 may order an election to determine whether a
239	239	county may continue to meet and confer under this chapter. The
240	240	commissioners court may not order an election under this subsection
241	241	until the second anniversary of the date of the election under
242	242	Section 162.006.
243	243	(c) An election ordered under Subsection (b) must be held as
244	244	part of the next regularly scheduled general election for county
245	245	officers that occurs after the date the commissioners court of the
246	246	county orders the election and that allows sufficient time to
247	247	prepare the ballot in compliance with other requirements of law.
248	248	(d) The ballot for an election ordered under Subsection (b)
249	249	shall be printed to permit voting for or against the proposition:
250	250	"Authorizing (name of the county) to continue to operate under the
251	251	state law allowing a county to meet and confer and make agreements
252	252	with the association representing county employees as provided by
253	253	state law, preserving the prohibition against strikes and organized
254	254	work stoppages, and providing penalties for strikes and organized
255	255	work stoppages."
256	256	(e) An election ordered under Subsection (b) must be held
257	257	and the returns prepared and canvassed in conformity with the
258	258	Election Code.
259	259	(f) If an election ordered under Subsection (b) is held, the
260	260	county may continue to operate under this chapter only if a majority
261	261	of the votes cast at the election favor the proposition.
262	262	(g) If an election ordered under Subsection (b) is held, an
263	263	association may not submit a petition for recognition to the
264	264	commissioners court of the county under Section 162.004 before the
265	265	second anniversary of the date of the election.
266	266	Sec. 162.016. ELECTION TO REPEAL AGREEMENT. (a) Not later
267	267	than the 45th day after the date a meet and confer agreement is
268	268	ratified by the commissioners court of the county and the
269	269	recognized employee association, a petition calling for the repeal
270	270	of the agreement signed by at least 10 percent of the qualified
271	271	voters residing in the county may be presented to the person charged
272	272	with ordering an election under Section 3.004, Election Code.
273	273	(b) If a petition is presented under Subsection (a), the
274	274	commissioners court of the county shall:
275	275	(1) repeal the meet and confer agreement; or
276	276	(2) certify that it is not repealing the agreement and
277	277	call an election to determine whether to repeal the agreement.
278	278	(c) An election called under Subsection (b)(2) may be held
279	279	as part of the next regularly scheduled general election for the
280	280	county or at a special election called by the commissioners court
281	281	for that purpose. The ballot shall be printed to permit voting for
282	282	or against the proposition: "Repeal the meet and confer agreement
283	283	ratified on (date agreement was ratified) by the (name
284	284	of the commissioners court of the county) and the (name of the
285	285	recognized employee association) concerning wages, salaries, rates
286	286	of pay, hours of work, and other terms of employment."
287	287	(d) If a majority of the votes cast at the election favor the
288	288	repeal of the agreement, the agreement is void.
289	289	Sec. 162.017. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
290	290	A written meet and confer agreement ratified under this chapter
291	291	preempts, during the term of the agreement and to the extent of any
292	292	conflict, all contrary state statutes, local ordinances, executive
293	293	orders, civil service provisions, or rules adopted by this state or
294	294	a political subdivision or agent of this state, including a
295	295	personnel commissioners court, civil service commission, or
296	296	county, other than a statute, ordinance, executive order, civil
297	297	service provision, or rule regarding pensions or pension-related
298	298	matters.
299	299	SECTION 2. This Act takes effect September 1, 2009.