By: Romo H.B. No. 2375
73R4297 JRD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to arbitration under The Fire and Police Employee
1-3 Relations Act.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 2(b)(2) and (3), The Fire and Police
1-6 Employee Relations Act (Article 5154c-1, Vernon's Texas Civil
1-7 Statutes), are amended to read as follows:
1-8 (2) In view of the essential and emergency nature of
1-9 the public service performed by firefighters and policemen, a
1-10 reasonable alternative to such strikes is a system of arbitration
1-11 conducted under adequate legislative standards. <Another
1-12 reasonable alternative, which should be provided in the event the
1-13 parties fail to agree to arbitrate, is judicial enforcement of the
1-14 requirements of this Act regarding the compensation and working
1-15 conditions applicable to firefighters and policemen.>
1-16 <(3)> With the right to strike prohibited, it is
1-17 requisite to the high morale of firefighters and policemen, and to
1-18 the efficient operation of the departments which they serve, that
1-19 the alternative procedure of arbitration established by this Act
1-20 <procedures> be expeditious, effective, and binding. To that end,
1-21 the provisions of this Act should be liberally construed.
1-22 SECTION 2. Section 9(a), The Fire and Police Employee
1-23 Relations Act (Article 5154c-1, Vernon's Texas Civil Statutes), is
1-24 amended to read as follows:
2-1 (a) In any dispute between a public employer and its
2-2 protective services employees represented by an association,
2-3 pursuant to this Act, where an impasse is reached in the collective
2-4 bargaining process, or where the appropriate lawmaking body fails
2-5 to approve a contract reached through collective bargaining, and as
2-6 a result the public employer and the employees are unable to effect
2-7 a settlement, then either party to the dispute, after written
2-8 notice to the other party containing specifications of the issue or
2-9 issues in dispute, may demand <request> appointment of an
2-10 arbitration board; provided, however, a party shall not demand
2-11 <request> arbitration more than once during any fiscal year.
2-12 SECTION 3. Sections 10 and 11, The Fire and Police Employee
2-13 Relations Act (Article 5154c-1, Vernon's Texas Civil Statutes), are
2-14 amended to read as follows:
2-15 Sec. 10. Arbitration. <(a)> The demand <request> for
2-16 arbitration referred to in Section 9 hereof shall be made
2-17 <initiated> within five days following the expiration of the 60-day
2-18 pre-impasse period or within five days following an agreed
2-19 extension of the period, as provided in Section 9. <If both
2-20 parties elect to settle their dispute by arbitration, such election
2-21 shall be made within five days following the request for
2-22 arbitration, and shall be in the form of a written agreement to
2-23 arbitrate.> The issues to be arbitrated shall be all matters which
2-24 the parties have been unable to resolve through collective
2-25 bargaining in accordance with the procedures of Sections 7 and 9 of
2-26 this Act.
2-27 <(b) Although the policy of this Act favors and encourages
3-1 the parties to elect voluntary arbitration, nothing contained
3-2 herein shall be deemed a requirement for compulsory arbitration.>
3-3 Sec. 11. Arbitration board. Within <If the parties elect
3-4 arbitration, within> five days following the demand <execution of
3-5 the agreement> to arbitrate, the parties <they> shall each select
3-6 and name one arbitrator and shall immediately notify each other in
3-7 writing of the name and address of the person so selected. The two
3-8 arbitrators so selected and named shall, within 15 <10> days
3-9 following <from> the demand <execution of the agreement> to
3-10 arbitrate, attempt to agree upon a third (neutral) arbitrator. If
3-11 on the expiration of the 15-day <said 10-day> period the two
3-12 arbitrators have been unable to agree upon the selection of the
3-13 third arbitrator, either party may request the American Arbitration
3-14 Association to utilize its procedures for selection of the neutral
3-15 arbitrator, and said association shall be authorized to effect the
3-16 appointment of the neutral arbitrator according to fair and regular
3-17 procedures. Unless both parties consent, the neutral arbitrator so
3-18 selected will not be the same person selected as a mediator
3-19 pursuant to Section 9 hereof. The third (neutral) arbitrator,
3-20 whether selected as a result of agreement between the two
3-21 arbitrators previously selected or selected pursuant to American
3-22 Arbitration Association procedures, shall serve as chairman of the
3-23 arbitration board.
3-24 SECTION 4. Section 16, The Fire and Police Employee
3-25 Relations Act (Article 5154c-1, Vernon's Texas Civil Statutes), is
3-26 repealed. Notwithstanding its repeal, Section 16 is continued in
3-27 effect after the effective date of this Act for the limited purpose
4-1 of governing an action commenced under Section 16 before the
4-2 effective date of this Act.
4-3 SECTION 5. This Act takes effect September 1, 1993.
4-4 SECTION 6. The importance of this legislation and the
4-5 crowded condition of the calendars in both houses create an
4-6 emergency and an imperative public necessity that the
4-7 constitutional rule requiring bills to be read on three several
4-8 days in each house be suspended, and this rule is hereby suspended.