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Senate Bill 1104 |
Senate Author: Watson |
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Effective: 5-23-07 |
House Sponsor: Naishtat |
Senate Bill 1104 amends the Local Government Code to establish provisions for emergency medical services personnel employed by certain municipalities with a population of 460,000 or more to meet and confer with the employing municipality regarding certain conditions of employment.
The bill provides that the governing body of the municipality may recognize an association that submits a petition signed by a majority of paid emergency medical services personnel, excluding certain exempt employees, as the sole and exclusive bargaining agent. The municipality and the association are not required to meet and confer or reach an agreement on any issue. The municipality may not be denied local control over matters relating to employee pay, hours of employment, other terms and conditions of employment, or other personnel issues on which the municipality and the association agree. An agreement between the municipality and the association must be in writing and is binding if both the municipality's governing body and the association ratify the agreement by a majority vote. An agreement supersedes a previous statute concerning pay, hours of employment, or other terms and conditions of employment, and preempts any contrary executive order, local ordinance, or rule adopted by the state or a political subdivision of the state. The applicable statutes, local ordinances, and civil statutes govern a term or condition of employment on which the public employer and the association do not agree.
The bill prohibits emergency medical services personnel from engaging in a strike or organized work stoppage against the state or a political subdivision of the state, and does not allow a municipality to meet and confer with an association that advocates the illegal right to strike by public employees.
The bill sets out provisions for an election to resolve whether an association represents a majority of the covered personnel and provisions for the governing body of the municipality to recognize an association, or as an alternative, conduct an election to authorize the municipality to meet and confer with the association. The bill also sets out provisions for withdrawing recognition, for conducting an election to repeal authorization, and for repealing an agreement.
Senate Bill 1104 also contains provisions relating to selection of bargaining agents, open records requirements, enforceability of agreements, rights of individual employees, and binding interest arbitration.