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.