By: Ellis S.B. No. 535 A BILL TO BE ENTITLED AN ACT 1-1 relating to the right of certain municipalities to maintain local 1-2 control over wages, hours, and other terms and conditions of 1-3 employment. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle C, Title 5, Local Government Code, is 1-6 amended by adding Chapter 174 to read as follows: 1-7 CHAPTER 174. LOCAL CONTROL OF MUNICIPAL AND COUNTY 1-8 EMPLOYMENT MATTERS 1-9 Sec. 174.001. POPULATION. This chapter applies only to a 1-10 municipality with a population of 1.5 million or more. 1-11 Sec. 174.002. DEFINITIONS. In this chapter: 1-12 (1) "Employee association" means an organization in 1-13 which public employees participate and which exists for the 1-14 purpose, in whole or part, of dealing with one or more employers 1-15 whether public or private concerning grievances, labor disputes, 1-16 wages, rates of pay, hours of employment, or conditions of work 1-17 affecting public employees. 1-18 (2) "Public employer" means any municipality or 1-19 agency, board, commission, or political subdivision controlled by a 1-20 municipality which is required to establish the wages, salaries, 1-21 rates of pay, hours, working conditions, other terms and conditions 1-22 of employment, and affirmative action programs of public employees. 1-23 The term may include, under appropriate circumstances, a mayor, 2-1 manager, administrator of a municipality, municipal governing body, 2-2 director of personnel, personnel board, or one or more other 2-3 officials regardless of the name by which they are designated. 2-4 Sec. 174.003. GENERAL PROVISIONS RELATING TO AGREEMENTS, 2-5 RECOGNITION, AND STRIKES. (a) A municipality may not be denied 2-6 local control over the wages, salaries, rates of pay, hours of 2-7 work, other terms and conditions of employment, affirmative action 2-8 programs, or other state-mandated personnel issues. A public 2-9 employer may enter into a mutual written agreement governing these 2-10 issues with an employee association that does not advocate the 2-11 illegal right to strike by public employees. 2-12 (b) A municipality may recognize an employee association 2-13 that does not advocate the illegal right to strike by public 2-14 employees as the negotiating agent for any group of public 2-15 employees so requesting such representation under this chapter. 2-16 (c) Employees of a municipality may not engage in strikes or 2-17 organized work stoppages against the state or a municipality of the 2-18 state. An employee who participates in a strike forfeits all civil 2-19 service rights, reemployment rights, and any other rights, 2-20 benefits, or privileges the employee enjoys as a result of 2-21 employment or prior employment, except that the right of an 2-22 individual to cease work may not be abridged if the individual is 2-23 not acting in concert with others in an organized work stoppage. 2-24 Sec. 174.004. RECOGNITION OF EMPLOYEE ASSOCIATION. (a) An 2-25 employee association selected by a petition signed by a majority of 3-1 the nonclassified employees of the municipality, excluding 3-2 department directors, may be recognized by the public employer as 3-3 the sole and exclusive negotiating agent for all of the covered 3-4 employees unless and until recognition of the association is 3-5 withdrawn by a majority of those employees. 3-6 (b) In the event of a question about whether an employee 3-7 association is the majority representative of the covered 3-8 employees, the question shall be resolved by a fair election 3-9 conducted according to procedures agreeable to the parties. If the 3-10 parties are unable to agree on such procedures, either party may 3-11 request the American Arbitration Association to conduct the 3-12 elections and to certify the results. Certification of the results 3-13 of an election resolves the question concerning representation. 3-14 The employee association is liable for the expenses of the 3-15 election, except that if two or more associations seeking 3-16 recognition as the negotiating agent submit petitions signed by a 3-17 majority of the covered employees, the associations shall share 3-18 equally the costs of the election. 3-19 Sec. 174.006. OPEN MEETINGS REQUIRED. All deliberations 3-20 relating to an agreement between an employee association and a 3-21 public employer shall be open to the public and in compliance with 3-22 other state statutes. 3-23 Sec. 174.007. ENFORCEABILITY OF AGREEMENT. A written 3-24 agreement made under this chapter between a public employer and an 3-25 employee association is enforceable and binding on the public 4-1 employer, the employee association, and the public employees 4-2 covered by the agreement if the governing body ratifies the 4-3 agreement by majority vote and the employee association ratifies 4-4 the agreement by a majority vote of the members of the negotiating 4-5 unit by secret ballot. The state district court of the judicial 4-6 district in which the municipality is located has full authority 4-7 and jurisdiction over the application of either party aggrieved by 4-8 an action or omission of the other party when the action or 4-9 omission relates to the rights, duties, or obligations provided by 4-10 this chapter. The court may issue proper restraining orders, 4-11 temporary and permanent injunctions, and any other writs, orders, 4-12 or processes, including contempt orders, that are appropriate to 4-13 enforcing this chapter. 4-14 Sec. 174.008. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. 4-15 (a) A written agreement under this chapter between a public 4-16 employer and an employee association supersedes a previous statute 4-17 concerning wages, salaries, rates of pay, hours of work, other 4-18 terms and conditions of employment, and affirmative action programs 4-19 to the extent of any conflict with the previous statute. 4-20 (b) A written agreement under this chapter preempts all 4-21 contrary local ordinances, executive orders, legislation, or rules 4-22 adopted by the state or a political subdivision or agent of the 4-23 state such as a personnel board, a civil service commission, or a 4-24 home-rule municipality. 4-25 SECTION 2. This Act takes effect September 1, 1993. 5-1 SECTION 3. The importance of this legislation and the 5-2 crowded condition of the calendars in both houses create an 5-3 emergency and an imperative public necessity that the 5-4 constitutional rule requiring bills to be read on three several 5-5 days in each house be suspended, and this rule is hereby suspended.