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.