By Tillery H.B. No. 1196 75R3595 JRD-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the conditions of employment for firefighters. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subtitle C, Title 5, Local Government Code, is 1-5 amended by adding Chapter 176 to read as follows: 1-6 CHAPTER 176. LOCAL CONTROL OF FIREFIGHTER 1-7 EMPLOYMENT MATTERS 1-8 Sec. 176.001. APPLICABILITY. This chapter does not apply to 1-9 a political subdivision that has adopted Chapter 174. 1-10 Sec. 176.002. DEFINITIONS. In this chapter: 1-11 (1) "Firefighters association" means an organization 1-12 in which firefighters participate and that exists for the purpose, 1-13 in whole or in part, of dealing with one or more employers, whether 1-14 public or private, concerning grievances, labor disputes, wages, 1-15 rates of pay, hours of employment, or conditions of work affecting 1-16 public employees. 1-17 (2) "Public employer" means any political subdivision, 1-18 including a municipality, or an agency, board, or commission, or 1-19 other governmental entity controlled by a political subdivision, 1-20 that is required to establish the wages, salaries, rates of pay, 1-21 hours, working conditions, and other terms and conditions of 1-22 employment of public employees. The term includes, under 1-23 appropriate circumstances, a mayor, manager, administrator of a 1-24 municipality, municipal governing body, commissioners court, 2-1 director of personnel, personnel board, or one or more other 2-2 officials, regardless of the name by which they are designated. 2-3 Sec. 176.003. GENERAL PROVISIONS RELATING TO AGREEMENTS, 2-4 RECOGNITION, AND STRIKES. (a) A political subdivision may not be 2-5 denied local control over the wages, salaries, rates of pay, hours 2-6 of work, and other terms of employment, or other state-mandated 2-7 personnel issues, if the public employer and the firefighters 2-8 association recognized as the sole and exclusive bargaining agent 2-9 for the firefighters employed by the political subdivision come to 2-10 a mutual agreement on any of the terms of employment. If an 2-11 agreement is not reached, the state laws, local ordinances, and 2-12 civil service rules remain unaffected. All agreements shall be 2-13 written. Nothing in this chapter requires either party to meet and 2-14 confer on any issue or reach an agreement. 2-15 (b) A public employer may meet and confer only if the 2-16 firefighters association recognized under this chapter as the sole 2-17 and exclusive bargaining agent does not advocate the illegal right 2-18 to strike by public employees. 2-19 (c) Firefighters of a political subdivision may not engage 2-20 in strikes or organized work stoppages against this state or a 2-21 political subdivision of this state. A firefighter who 2-22 participates in a strike forfeits all civil service rights, 2-23 reemployment rights, and any other rights, benefits, or privileges 2-24 the firefighter enjoys as a result of employment or prior 2-25 employment, except that the right of an individual to cease work 2-26 may not be abridged if the individual is not acting in concert with 2-27 others in an organized work stoppage. 3-1 Sec. 176.004. RECOGNITION OF FIREFIGHTERS ASSOCIATION. (a) 3-2 A firefighters association submitting a petition signed by a 3-3 majority of the firefighters employed by the political subdivision, 3-4 excluding the head of the department and assistant department heads 3-5 in the rank or classification immediately below that of the 3-6 department head, shall be recognized by the public employer as the 3-7 sole and exclusive bargaining agent for all of the covered 3-8 firefighters until recognition of the association is withdrawn by a 3-9 majority of those firefighters. 3-10 (b) Whether a firefighters association represents a majority 3-11 of the covered firefighters shall be resolved by a fair election 3-12 conducted according to procedures agreeable to the parties. If the 3-13 parties are unable to agree on procedures, either party may request 3-14 the Federal Mediation and Conciliation Service to conduct the 3-15 election and to certify the results. Certification of the results 3-16 of an election resolves the question concerning representation. 3-17 The firefighters association is liable for the expenses of the 3-18 election, except that if two or more associations seeking 3-19 recognition as the bargaining agent submit petitions signed by a 3-20 majority of the covered firefighters, the associations shall share 3-21 equally the costs of the election. 3-22 Sec. 176.005. OPEN MEETINGS REQUIRED. All deliberations 3-23 relating to an agreement between a firefighters association and a 3-24 public employer shall be open to the public and held in compliance 3-25 with any applicable state statutes. 3-26 Sec. 176.006. RATIFICATION AND ENFORCEABILITY OF AGREEMENT. 3-27 (a) A written agreement made under this chapter between a public 4-1 employer and a firefighters association recognized as the sole and 4-2 exclusive bargaining agent is enforceable and binding on the public 4-3 employer, the firefighters association recognized as the sole and 4-4 exclusive bargaining agent, and firefighters covered by the 4-5 agreement if: 4-6 (1) the political subdivision's governing body 4-7 ratified the agreement by a majority vote; and 4-8 (2) the firefighters association ratified the 4-9 agreement by conducting a secret ballot election at which only 4-10 firefighters of the political subdivision in the association were 4-11 eligible to vote, and a majority of the votes cast at the election 4-12 favored ratifying the agreement. 4-13 (b) A state district court of the judicial district in which 4-14 a majority of the population of the political subdivision is 4-15 located has full authority and jurisdiction on the application of 4-16 either party aggrieved by an action or omission of the other party 4-17 when the action or omission is related to a right, duty, or 4-18 obligation provided by any written agreement ratified under 4-19 Subsection (a). The court may issue proper restraining orders, 4-20 temporary and permanent injunctions, and any other writ, order, or 4-21 process, including contempt orders, that are appropriate to 4-22 enforcing the written agreement ratified under Subsection (a). 4-23 Sec. 176.007. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. 4-24 (a) A written agreement under this chapter between a public 4-25 employer and the firefighters association recognized as the sole 4-26 and exclusive bargaining agent supersedes, during the term of the 4-27 agreement, a previous statute concerning wages, salaries, rates of 5-1 pay, hours of work, affirmative action programs, and other terms of 5-2 employment to the extent of any conflict with the previous statute. 5-3 (b) A written agreement under this chapter preempts all 5-4 contrary local ordinances, executive orders, legislation, or rules 5-5 adopted by the state or a political subdivision or agent of the 5-6 state, such as a personnel board, a civil service commission, or a 5-7 home-rule municipality. 5-8 (c) An agreement under this chapter may not diminish or 5-9 qualify any right, benefit, or privilege of an employee under a 5-10 civil service statute or other law unless approved by a majority of 5-11 the votes cast at the secret ballot election held by the 5-12 firefighters association to ratify the agreement under Section 5-13 176.006. 5-14 (d) A matter that is not covered by an agreement ratified 5-15 under Section 176.006 remains covered by any applicable statute, 5-16 civil service provision, or other law. 5-17 SECTION 2. This Act takes effect September 1, 1997. 5-18 SECTION 3. The importance of this legislation and the 5-19 crowded condition of the calendars in both houses create an 5-20 emergency and an imperative public necessity that the 5-21 constitutional rule requiring bills to be read on three several 5-22 days in each house be suspended, and this rule is hereby suspended.