By: Thompson, S. H.B. No. 2114 73R6576 T A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the right of school districts to maintain local control 1-3 over wages, hours, and other terms and conditions of employment. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 Section 1. Chapter 13, Texas Education Code, as amended, is 1-6 amended by adding Subchapter E to read as follows: 1-7 "SUBCHAPTER E. COLLECTIVE BARGAINING" 1-8 SECTION 13.301. Policy (a) It is the purpose and policy of 1-9 this Act, to prescribe rights and obligations of Texas boards of 1-10 education and their professional teacher employees, and to 1-11 establish procedures governing relationships between them which are 1-12 designed to meet the special requirements and needs of public 1-13 education. 1-14 (b) It is the policy of the State of Texas to recognize the 1-15 rights of educational employees to form, join, and assist employee 1-16 organizations to negotiate and adopt binding agreements with the 1-17 boards of education, regarding matters of education policy, terms 1-18 and conditions of employment, salaries, fringe benefits, and other 1-19 matters of concern through representatives of their own choosing, 1-20 to engage in other activities, individually or in concert, for the 1-21 purpose of establishing, maintaining, protecting, and improving 1-22 terms and conditions of employment and other matters of concern, 1-23 and to establish procedures which will facilitate and encourage 1-24 amicable settlement of disputes. 2-1 (c)(1) A denial to such employees of the right to organize 2-2 for collective bargaining would lead to strife and unrest, with 2-3 consequent injury to the welfare of the public. The protection of 2-4 the welfare of the public, however, demands that strikes, lockouts, 2-5 work stoppages, and slowdowns by public school employees be 2-6 prohibited; therefore, it is the obligation of the state to make 2-7 available reasonable alternatives to strikes. 2-8 (2) In view of the essential nature of the public 2-9 service performed by public school employees, a reasonable 2-10 alternative to strikes is a system of arbitration conducted under 2-11 adequate legislative standards. Another reasonable alternative, 2-12 which should be provided in the event the parties fail to agree to 2-13 arbitrate, is judicial enforcement of the requirements of this Act 2-14 regarding the compensation and working conditions applicable to 2-15 teachers. 2-16 (3) With the right to strike prohibited, it is 2-17 requisite to the high morale of teachers and other school employees 2-18 and to the efficient operation of the school districts which they 2-19 serve, that alternative procedures be expeditious, effective, and 2-20 binding. To that end, the provisions of this Act should be 2-21 liberally construed. 2-22 SECTION 13.302. Definitions. As used in this subchapter: 2-23 (a) The term "person" means one or more individuals, 2-24 organizations, associations, corporations, boards, committees, 2-25 commissions, agencies, or their representatives. 2-26 (b) The term "board of education" means any board, 2-27 committee, commission, or agency authorized under Texas law to 3-1 direct a public educational system or institution, or a school, 3-2 college, or university which is tax supported and any person acting 3-3 as an agent thereof. 3-4 (c) The term "teacher" means any teacher, counselor, school 3-5 nurse, or other position, pay grade, or title provided for in 3-6 Chapter 16, Texas Education Code ("FOUNDATION SCHOOL PROGRAM"), as 3-7 amended; or any teacher at a tax-supported college, university or 3-8 junior college, with the exception that supervisory personnel with 3-9 the power to rate other colleagues are not considered "teachers" 3-10 for purposes of this Act. 3-11 (d) The term "labor organization" means one or more unions, 3-12 organizations, associations, agencies, committees, councils, or 3-13 groups of any kind in which the public employees participate and 3-14 which exist for the purpose, in whole or in part, of bargaining, 3-15 discussing, and negotiating with boards of education over the 3-16 educational policy, grievances, employment disputes, wages, hours, 3-17 or other terms and conditions of employment. 3-18 (e) The term "representative" means any organization or 3-19 person authorized or designated to act on behalf of that 3-20 organization. 3-21 (f) The term "collective bargaining" means meeting, 3-22 conferring, consulting, discussing, and negotiating in good faith 3-23 efforts to reach agreement with respect to educational policy, 3-24 terms and conditions of employment, and other matters of concern, 3-25 and the execution, if re-requested by either party, of a written 3-26 document incorporating any agreements reached. 3-27 SECTION 13.303. Freedom of Association for educational 4-1 workers. 4-2 (a) Educational employees shall have the right to form, 4-3 join, or assist any labor organization, to participate in 4-4 collective bargaining with boards of education through 4-5 representatives of their own choosing, and to engage in other 4-6 activities, individually or in concert, for the purpose of 4-7 establishing, maintaining, protecting, or improving educational 4-8 policy, terms and conditions of employment, and other matters of 4-9 concern. 4-10 (b) Labor Organizations shall have: 4-11 (1) access at reasonable times to areas in which 4-12 educational employees work, the right to use institutional bulletin 4-13 boards, mail boxes, or other communication media, subject to 4-14 reasonable regulation, and the right to use institutional 4-15 facilities at reasonable times for the purpose of meetings 4-16 concerned with the exercise of the rights guaranteed by this Act. 4-17 (2) the right to have deducted from the salary of 4-18 professional employees upon receipt of an appropriate authorization 4-19 form the fees and dues required for membership. 4-20 SECTION 13.304. RECOGNITION 4-21 (a) A labor organization that wishes to represent the 4-22 educational employees of a district shall request to be recognized 4-23 by petitioning the Board of Trustees of that district with a 4-24 petition signed by at least 30 percent of all teachers of that 4-25 district. 4-26 (b) A notice that a request for recognition has been made 4-27 and the time and place of the hearing on the petition shall be 5-1 posted in each school at a location calculated to give actual 5-2 notice to all parties. 5-3 (c) The Board of Trustees shall conduct a hearing on the 5-4 validity of the signatures on the petition within 10 days after the 5-5 date of the request for recognition. 5-6 (d) If the signatures on the petition which are valid total 5-7 30 percent or more of the teachers of the district, the Board of 5-8 Trustees shall order a secret-ballot election to be conducted by an 5-9 impartial third party to determine whether or not a majority of the 5-10 teachers in that district want the petitioning labor organization 5-11 to represent them in collective bargaining with the district. The 5-12 (1) If two or more organizations petition the Board of 5-13 Trustees with petitions bearing the valid signatures of 30% or more 5-14 of the teachers of that district, then each organization with such 5-15 valid petitions shall be listed on the ballot used for the 5-16 election. 5-17 (2) In all elections, the ballot shall offer teachers 5-18 an opportunity to vote for "no representative". 5-19 (3) Costs for elections conducted pursuant to this 5-20 section shall be borne as follows: 5-21 (A) Printing of ballots, fees for the impartial 5-22 third party, and other such costs related to the election process 5-23 shall be borne by the school district. 5-24 (B) Campaign expenses, released-time for 5-25 teachers, and other such costs related to the campaigning by the 5-26 parties involved shall be borne by the party which acquires the 5-27 expense. 6-1 (C) Public funds shall not be expended to oppose 6-2 the idea of collective bargaining nor to urge teachers to vote for 6-3 no representative. 6-4 (4) The labor organization which receives a majority 6-5 of votes in the election shall be declared the exclusive 6-6 representative for the purpose of collective bargaining for the 6-7 teachers of that district, for a period of two years. If no 6-8 organization receives a majority of votes, the Board of Trustees 6-9 shall call for a run-off election between the two organizations 6-10 which received the most votes in the first election, with the 6-11 runoff election to be conducted in the same manner as the first 6-12 election. 6-13 (e) The labor organization which receives the most votes in 6-14 the election process described in Subsection (d) of this Section 6-15 shall be the exclusive representative for the teachers of that 6-16 district for a period of two years. After that two-year period, 6-17 the majority representation may be challenged by any labor 6-18 organization which presents the Board of Trustees with a petition 6-19 requesting decertification or by any group of teachers who present 6-20 the Board of Trustees with a petition requesting decertification, 6-21 following the same process outlined in Subsection (d) of this 6-22 Section. 6-23 (f) The losing organization (if any) shall not lose the 6-24 rights described in Subdivisions (1) and (2), Subsection (a), of 6-25 this Section, nor the right to represent members in grievances 6-26 through the grievance procedures of the school district in 6-27 question, but shall only lose the right to represent members in 7-1 collective bargaining. 7-2 SECTION 13.305. NOTICE OF MONETARY NEGOTIATIONS. 7-3 The labor organization shall give the Board of Trustees 7-4 written notice of a request for bargaining concerning wages or 7-5 other items requiring monetary appropriation at least 120 days 7-6 before the end of the current school year. If the district wishes 7-7 to argue an inability pay the cost of any monetary demand made by 7-8 the labor organization, the Board of Trustees shall make available 7-9 all financial records, working papers, memoranda, or other material 7-10 which would enable the labor organization to analyze accurately the 7-11 income and expenses of the district, at no cost to the labor 7-12 organization. 7-13 SECTION 13.306. ENFORCEABILITY OF AGREEMENTS Whenever a 7-14 school board and labor organization reach an agreement on 7-15 educational policy, terms and conditions of employment, or other 7-16 matters pursuant to this Act, the agreement shall be enforceable 7-17 and shall be binding upon the school board, the labor organization, 7-18 and the educational employees covered therein. 7-19 SECTION 13.307. OBLIGATION TO BARGAIN IN GOOD FAITH. 7-20 (a) Whenever the educational employees of a school district 7-21 are represented by a labor organization, the school board and the 7-22 labor organization shall be obligated to bargain collectively. 7-23 (b) For purposes of this section, bargaining collectively is 7-24 the performance of the mutual obligation of the school board and 7-25 the labor organization to meet at reasonable times and bargain in 7-26 good faith with respect to educational policy, wages, hours, terms 7-27 and conditions of employment, and other matters of concern and the 8-1 execution of a written contract incorporating any agreement reached 8-2 if requested by either party, but such obligation does not compel 8-3 either party to agree to a proposal or require the making of any 8-4 concession. 8-5 (c) The labor organization or the school board may designate 8-6 any person or persons to negotiate or bargain on its behalf, and 8-7 the parties may utilize mediation to assist them in arriving at an 8-8 agreement. 8-9 SECTION 13.308. IMPASSE PROCEDURE AND VOLUNTARY MEDIATION. 8-10 (a) In any dispute between a school board and its employees 8-11 represented by a labor organization pursuant to this Act where an 8-12 impasse is reached in the bargaining process, or where the 8-13 appropriate lawmaking body fails to approve a contract reached 8-14 through negotiations, or where the school board and the employees 8-15 are unable to effect a settlement, then either party to the 8-16 dispute, after written notice to the other party containing 8-17 specifications of the issue or issues in dispute, may request 8-18 appointment of an arbitrator. 8-19 (b) For purposes of this section, an impasse in the 8-20 negotiations process shall be deemed to occur when the parties do 8-21 not reach a settlement of the issue or issues in dispute by way of 8-22 a written agreement within 60 days after initiation of the 8-23 negotiation proceedings. The period, however, may be extended by 8-24 written agreement for additional periods of time, provided each 8-25 such extension of time is for a definite period not to exceed 15 8-26 days. 8-27 (c) Prior to invoking arbitration, the parties shall make 9-1 every reasonable effort to settle their dispute through good-faith 9-2 bargaining. Such efforts shall include mediation, utilizing a 9-3 mediator agreed upon by both parties. If a mediator is appointed, 9-4 his function shall be to assist all parties to reach voluntary 9-5 agreement. He shall make no public recommendation on any 9-6 negotiation issue in connection with the performance of his service 9-7 nor shall he make a public statement or report which evaluates the 9-8 relative merits of the position of the parties. The mediator may, 9-9 however, recommend or suggest to the parties any proposal or 9-10 procedure which in his judgment might lead to settlement. 9-11 SECTION 13.309. ARBITRATION 9-12 (a) The request for arbitration shall be initiated within 9-13 five days following the expiration of the 60-day period mentioned 9-14 in Subsection (b), Section 13.308. If either party elects to 9-15 settle the dispute by arbitration, such election shall be made 9-16 within five days following the request for arbitration, and shall 9-17 be in the form of a written notice to arbitrate. The issues to be 9-18 arbitrated shall be all matters which the parties have been unable 9-19 to resolve through negotiations in accordance with the procedures 9-20 of this Act. 9-21 (b) Although the policy of this Act favors and encourages 9-22 the parties to elect voluntary arbitration, written notice by 9-23 either party shall be deemed a requirement for compulsory 9-24 arbitration unless otherwise specified. 9-25 SECTION 13.310. ARBITRATION BOARD. If either party elects 9-26 arbitration, within five days following the execution of the notice 9-27 to arbitrate both parties select and name an arbitrator and shall 10-1 immediately notify each other in writing of the name and address of 10-2 the person so selected. The two arbitrators so so named and 10-3 selected shall, within 10 days from the execution of the agreement, 10-4 attempt to agree upon a third (neutral) arbitrator. If on the 10-5 expiration of the said 10-day period the two arbitrators have been 10-6 unable to agree upon the selection of the third arbitrator, either 10-7 party may request the American Arbitration Association to utilize 10-8 its procedures for selection of the neutral arbitrator, and said 10-9 association shall be authorized to effect the appointment of the 10-10 neutral arbitrator according to fair and regular procedures. 10-11 Unless both parties consent, the neutral arbitrator so selected 10-12 will not be the same person selected as a mediator. The third 10-13 (neutral) arbitrator shall serve as chairman of the Arbitration 10-14 Board. 10-15 SECTION 13.311 HEARINGS 10-16 (a) The arbitration board shall, acting through its 10-17 chairman, call a hearing to be held within 10 days after the date 10-18 of the appointment of the chairman. The arbitration board shall 10-19 give the two other arbitrators, the labor organization, and the 10-20 school board at least seven days' notice in writing of the time and 10-21 place of such hearing. The hearing shall be informal, and the 10-22 rules of evidence prevailing in judicial proceedings shall not be 10-23 binding. Any and all documentary evidence and other data deemed 10-24 relevant by the arbitrators may be received in evidence. The 10-25 arbitrators shall have the power to administer oaths and to require 10-26 by subpoena the attendance and testimony of witnesses, the 10-27 production of books, records, and other evidence relative to any 11-1 issue presented to them for determination. 11-2 (b) The hearing conducted by the arbitration board shall be 11-3 concluded within 20 days of the time of commencement; within 10 11-4 days after the conclusion of the hearing the arbitration board 11-5 shall make written findings and render a written award on the 11-6 issues presented. A copy of the findings and award shall be mailed 11-7 or otherwise delivered to the labor organization and to the school 11-8 board. 11-9 (c) Time periods specified in this section may be extended 11-10 for reasonable periods by written agreement of the parties. Time 11-11 periods may also be extended, for good cause, by the arbitration 11-12 board, provided the cumulative period of the extensions granted by 11-13 the board shall not exceed 20 days. 11-14 SECTION 13.312. SCOPE OF THE ARBITRATOR'S AUTHORITY, EFFECT 11-15 OF THE AWARD, AND ENFORCEABILITY. 11-16 (a) It shall be the duty of the arbitration board to render 11-17 an award. Accordingly, difficult conditions of employment, 11-18 educational qualifications, educational research, safety, 11-19 experience, and work related requirements are factors, among 11-20 others, which the arbitrators shall consider in settling disputes 11-21 related to hours, wages, and other terms and conditions of 11-22 employment and educational policy. 11-23 (b) When an arbitration award is rendered, the terms and 11-24 conditions provided by said award shall be applicable for the 11-25 duration of the negotiations period specified in the written 11-26 agreement. 11-27 (c) A majority decision of the arbitration board, if 12-1 supported by competent, material, and substantial evidence on the 12-2 whole record, shall be final and binding on the parties, and may be 12-3 enforced, at the instance of either party or of the arbitration 12-4 board, in the state district court for the judicial district in 12-5 which a majority of the affected employees reside. 12-6 (d) The commencement of a new fiscal year following the 12-7 initiation of arbitration procedures under this Act, but prior to 12-8 the rendition of the arbitration award or its enforcement, shall 12-9 not render a dispute moot or otherwise impair the jurisdiction or 12-10 authority of the arbitration board or its award. Increases in rate 12-11 of compensation awarded by the arbitration board under this section 12-12 may be effective only at the start of the fiscal year next 12-13 commencing after the date of the arbitration award. If a new 12-14 fiscal year has commenced since initiation of arbitration 12-15 procedures under this Act, the foregoing limitation shall be 12-16 inapplicable and such awarded increases may be retroactive to the 12-17 commencement of such fiscal year, any other statute or charter 12-18 provision to the contrary notwithstanding. 12-19 (e) The parties may amend or modify an arbitration award by 12-20 mutual agreement in writing at any time. 12-21 SECTION 13.313. JUDICIAL REVIEW OF THE ARBITRATION AWARD 12-22 Awards of the arbitration board shall be reviewable by the state 12-23 district court for the judicial district in which the school 12-24 district is located, but only for the following grounds: 12-25 (a) That the arbitration panel was without or exceeded its 12-26 jurisdiction; 12-27 (b) That the order is unsupported by competent material, and 13-1 substantial evidence on the whole record; or 13-2 (c) That the order was procured by fraud, collusion, or 13-3 other such unlawful means. The pendency of a proceeding for review 13-4 shall not automatically stay the order of the arbitration board. 13-5 SECTION 13.314. COMPENSATION OF ARBITRATORS AND EXPENSES 13-6 The compensation, if any, of the arbitrator appointed for the labor 13-7 organization shall be paid by the labor organization. The 13-8 compensation for the arbitrator appointed by the school board shall 13-9 be paid by the school board. The compensation of the neutral 13-10 arbitrator, as well as all stenographic and other expenses incurred 13-11 by the arbitration board in connection with the arbitration 13-12 proceedings shall be paid jointly in even proportions by the labor 13-13 organization representing the teachers and by the school board. If 13-14 either party in the arbitration requires a transcript of the 13-15 arbitration proceedings that party shall be required to bear the 13-16 cost of the transcript. 13-17 SECTION 13.315. STRIKES AND LOCKOUTS. 13-18 (a) Strikes, lockouts, work stoppages, and slowdowns by 13-19 educational employees shall be unlawful, and they are hereby 13-20 prohibited. 13-21 (b) In the case of a lockout of employees by a school board 13-22 or its designated representative or agent or department or agency 13-23 head, the Court shall issue an order restraining and enjoining such 13-24 violation and impose on any individual violator a fine of not more 13-25 than $2,000 which may not be paid by any public monies but must be 13-26 paid by the violator from his/her regular salary. 13-27 (c) Upon the finding by the district court in which the 14-1 school district is located that a labor organization has called or 14-2 ordered a strike by teachers, the court shall impose upon such 14-3 labor organization a fine of not more than $2,000. If, however, 14-4 the Court finds that the appropriate school district Board of 14-5 Trustees or its representatives engaged in such acts of extreme 14-6 provocation as to detract substantially from the responsibility of 14-7 the labor organization for the strike, the Court may, at its 14-8 discretion, reduce the amount of the fine imposed. 14-9 (d) Striking teachers shall not be paid for any days lost 14-10 due to striking, nor shall sick leave, sabbatical leave, or tenure 14-11 cumulate during the period of any strike. 14-12 SECTION 13.316. JUDICIAL ENFORCEMENT GENERALLY. The state 14-13 district court of the judicial district in which the school 14-14 district is located, and any judge thereof, shall full power, 14-15 authority, and jurisdiction, on the application of either party 14-16 aggrieved by an action or omission of the other party, when such 14-17 action or omission pertains to the rights, duties, or obligations 14-18 provided in this Act, to issue any and all proper restraining 14-19 orders, temporary or permanent injuctions, and any other and 14-20 further writ, order or process, including but not limited to 14-21 contempt orders, that are appropriate to carrying out and enforcing 14-22 the provisions of this Act. 14-23 SECTION 13.317. UNFAIR EMPLOYMENT PRACTICES. 14-24 (a) It is an unfair employment practice for any board of 14-25 trustees or any agent thereof to: 14-26 (1) interfere with, restrain, or coerce employees in 14-27 the exercise of rights guaranteed in Section 13.303 of this code; 15-1 (2) dominate, interfere with, or assist in the 15-2 formation, existence, or administration of any labor organization; 15-3 (3) discriminate in regard to hiring, tenure of 15-4 employment, or any term or condition of employment for the purpose 15-5 of encouraging or discouraging membership in a labor organization; 15-6 (4) discharge or otherwise discriminate against an 15-7 employee because he has signed or filed an affidavit, petition, or 15-8 complaint or given any information or testimony under this Act; 15-9 (5) refuse to bargain in good faith with the elected 15-10 representative of the employees; 15-11 (b) It is an unfair employment practice for a labor 15-12 organization or any agent thereof to: 15-13 (1) restrain or coerce 15-14 (A) teachers in the exercise of the rights 15-15 guaranteed in Section 13.303 of this code, or 15-16 (B) the board of trustees in the selection of 15-17 its representative for the purpose of bargaining; 15-18 (2) refuse to bargain in good faith with the board or 15-19 trustees. 15-20 (c) A party aggrieved by an unfair employment practice may 15-21 sue in a district court of the county or counties in which the 15-22 school district is located to enjoin the practice, for damages, and 15-23 for any relief to which it may be entitled. 15-24 SECTION 2. Sections 13.216 and 13.901, Texas Education Code, 15-25 as amended, are repealed, and all other laws or parts of laws in 15-26 conflict with this Act are repealed to the extent of the conflict. 15-27 SECTION 3. Nothing contained in this Act shall be construed 16-1 as repealing any existing benefit provided by statute or ordinance 16-2 concerning teachers' salaries, pensions, or retirement plans, hours 16-3 or work, conditions of work, or other emoluments; this Act shall be 16-4 cumulative and in addition to the benefits provided by said 16-5 statutes and ordinances. 16-6 SECTION 4. The importance of this legislation and the 16-7 crowded condition of the calendars in both houses create an 16-8 emergency and an imperative public necessity that the 16-9 constitutional rule requiring bills to be read on three several 16-10 days in each house be in force from and after its passage, and it 16-11 is so enacted.