Texas Senate Bill SB369

Texas 2017 - 85th Regular

• Filed: 12/20/16

Caption

Relating to the right of a public employee to representation in certain internal investigatory interviews.

Impact

As a result of SB369, public employers are required to grant representation requests by employees, effectively ensuring that employees can have an advocate present during investigatory interviews that could result in disciplinary actions. The bill delineates the responsibilities of public employers, including delaying interviews to allow for representation to arrive, thereby reinforcing the rights of employees within public sector workplaces. By providing this legal framework, the bill aims to foster a fairer working environment where employees feel secure during internal inquiries.

Summary

Senate Bill 369 (SB369) seeks to establish the right of public employees in Texas to be represented during certain internal investigatory interviews. The bill amends Chapter 617 of the Government Code by adding a new provision that grants public employees the right to request representation by any labor organization they are eligible to join when they believe an interview could lead to disciplinary action. This provision aims to protect employees' rights and provide them with support during potentially intimidating circumstances.

Contention

Notable points of contention surrounding SB369 may arise regarding the limitations placed on representation rights. The bill does clarify that representation is not applicable in certain situations, such as interviews focused solely on work instructions or those where a final decision on disciplinary action has already been made before the interview. Critics of the bill may argue that these exclusions diminish the bill’s effectiveness, possibly leaving employees without adequate support in situations they deem threatening. Additionally, the lack of requirement for public employers to inform employees of this right could lead to unawareness and further complicate the enforcement of these protections.