Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Bailey H.B. No. 2758
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to meet and confer agreements for police officers in
1-3 certain municipalities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 142 Local Government Code, is amended by
1-6 designating Sections 142.001-142.011 as Subchapter A, Chapter 142,
1-7 Local Government Code, and adding a subchapter heading to read as
1-8 follows:
1-9 SUBCHAPTER A. ASSISTANCE, BENEFITS,
1-10 AND WORKING CONDITIONS
1-11 SECTION 2. Chapter 142, Local Government Code, is amended by
1-12 adding Subchapter B to read as follows:
1-13 SUBCHAPTER B. POLICE DEPARTMENT
1-14 MEET AND CONFER CONTRACTS
1-15 Sec. 142.051. APPLICABILITY. This subchapter applies only
1-16 to a municipality with a population of 1.5 million or more that has
1-17 not adopted Chapter 174.
1-18 Sec. 142.052. DEFINITIONS. In this subchapter:
1-19 (1) "Bargaining Agent" means an agent recognized under
1-20 Section 142.055 by the bargaining team by unanimous vote or, if not
1-21 by unanimous vote, by a majority vote of the officers of those
1-22 associations, and exists in whole or in part for the purpose of
1-23 representing public or private employees in their relations with
1-24 one or more public or private employers concerning grievances,
2-1 labor disputes, wages, rates of pay, hours of employment,
2-2 equipment, and staffing affecting the employees. The bargaining
2-3 agent must be an outside, independent agent not affiliated with any
2-4 existing employee association, or who has been affiliated with any
2-5 existing employee association within the past five years but the
2-6 bargaining agent can be used for more than one contract.
2-7 (2) "Meet and confer contract" means the terms to
2-8 which the bargaining team recognized under Section 142.055 and the
2-9 public employer have voluntarily agreed.
2-10 (3) "Member of the police department" has the meaning
2-11 assigned by Section 142.010.
2-12 (4) "Public employer" means the municipality or the
2-13 agency, board, commission, or department controlled by the
2-14 municipality that is required to establish the wages, rates of pay,
2-15 hours, equipment, staffing, and affirmative action programs
2-16 affecting members of the police department. The term may, when
2-17 appropriate, include the mayor, manager, or administrator of the
2-18 municipality, a municipal governing body, the director of
2-19 personnel, a personnel board, or one or more other officials.
2-20 (5) "Bargaining team" means an association or
2-21 organization recognized under Section 142.055 in which police
2-22 officers participate and that exists in whole or in part for the
2-23 purpose of representing public or private employees in their
2-24 relations with one or more public or private employers concerning
2-25 grievances, labor disputes, wages, rates of pay, hours of
2-26 employment, equipment, and staffing, affecting the employees.
2-27 Sec. 142.053. LOCAL CONTROL; STRIKES. (A) Except as
2-28 provided by Section 142.058(b), a municipality may not be denied
2-29 local control over wages, rates of pay, hours of work, affirmative
2-30 action programs, other terms and conditions of employment, or other
3-1 state-mandated personnel issues on which the public employer and
3-2 the bargaining agent agree in writing. A term or condition on
3-3 which the public employer and the bargaining agent do not have a
3-4 written contract is governed by applicable statutes, local
3-5 ordinances, and civil service rules. This subchapter does not
3-6 require the public employer and the bargaining agent to meet and
3-7 confer or reach an agreement on any issue.
3-8 (b) A public employer and the bargaining agent may meet and
3-9 confer only if the agent does not advocate the right to strike by
3-10 members of the police department. A bargaining team that advocates
3-11 a strike by members of the police department loses its recognition
3-12 as the bargaining team for all police officers and is subject to
3-13 injunctive relief, a suit for damages, or other legal remedy.
3-14 (c) A member of the police department may not engage in a
3-15 strike or organized work stoppage against this state or a political
3-16 subdivision of this state. A member of the police department who
3-17 participates in a strike forfeits all civil service rights,
3-18 reemployment rights, and other rights, benefits, or privileges the
3-19 member of the police department enjoys as a result of the member's
3-20 employment or previous employment with the municipality. This
3-21 subsection does not affect the right of a member of the police
3-22 department to cease employment if the member is not acting in
3-23 concert with other members of the police department.
3-24 Sec. 142.054. EMPLOYEE RIGHTS. (a) A member of the police
3-25 department below the rank of assistant chief has the right to form,
3-26 join, and participate in the activities of an employee organization
3-27 of the member's choice for the purpose of representation on matters
3-28 of wages, rates of pay, hours, benefits, equipment, and staffing.
3-29 (b) A member of the police department has the right to
3-30 refuse to join and to refuse to participate in an activity of an
4-1 employee organization.
4-2 (c) A member of the police department has the right to
4-3 choose to have the person's individual grievance heard with or
4-4 without representation by an employee organization, without any
4-5 representation, or with representation of the member's choice. The
4-6 resolution of an individual grievance must be in accord with the
4-7 terms of any contract under this subchapter that is in effect and
4-8 applicable to all of the members of the police department.
4-9 (d) The public employer, a member of the police department,
4-10 or the bargaining agent may not interfere with, intimidate,
4-11 restrain, coerce, or discriminate against any member of the police
4-12 department because the member exercised the member's rights under
4-13 this section.
4-14 Sec. 142.055. RECOGNITION AND COMPOSITION OF BARGAINING
4-15 AGENT. (a) The public employer shall recognize as the bargaining
4-16 agent that person who is selected by a unanimous vote of the
4-17 bargaining team, excluding the chief and assistant chiefs.
4-18 (b) If a unanimous vote is not possible, then the existing
4-19 employee associations will submit two names each for a bargaining
4-20 agent, for a vote to the members of the police department. A
4-21 majority vote of those members voting on the issue in a secret
4-22 ballot is needed to certify a bargaining agent. If no majority is
4-23 acquired on the first ballot, then a run-off should occur between
4-24 the two highest vote receivers. The section of a bargaining agent
4-25 should take no more than 60 calendar days.
4-26 (c) Once a bargaining agent is selected then the bargaining
4-27 team or existing employee associations will submit to the
4-28 bargaining agent a proposal with respect to wages, rates of pay,
4-29 hours, benefits, equipment, and staffing. This proposal should
4-30 take no more than 30 calendar days.
5-1 (d) All fees and expenses related to the use of a bargaining
5-2 agent, or any elections pertaining to the meet and confer contract
5-3 by the bargaining team will be shared equally by the existing
5-4 employee associations. If fees are not paid within 60 calendar
5-5 days, then the existing employee associations not paying will not
5-6 be recognized as an existing employee association until past fees
5-7 are collected, plus 10 percent (10%) interest.
5-8 Sec. 142.056. MEET AND CONFER. When the public employer and
5-9 the bargaining agent agree to meet and confer, the employer and the
5-10 bargaining agent have the obligation to meet at reasonable times,
5-11 to confer in good faith, and, if requested by either party, to
5-12 reduce to a written contract the matters to which the parties
5-13 agree. A party is not required to agree to a proposal, or make a
5-14 concession.
5-15 Sec. 142.057. BARGAINING ISSUES. When the public employer
5-16 and the certified bargaining agent agree to meet and confer, the
5-17 employer and the bargaining agent have the duty to bargain with
5-18 respect to wages, rates of pay, hours, benefits, equipment, and
5-19 staffing. The public employer's representative on request shall
5-20 bargain in good faith with the bargaining agent and shall fully
5-21 consider all proposals submitted by the bargaining agent to the
5-22 public employer that are appropriate subjects under this section.
5-23 Sec. 142.058. MEET AND CONFER CONTRACT. (a) An agreement
5-24 reached by the representative of the public employer and the
5-25 bargaining agent shall be in writing. The contract is a mutual
5-26 recommendation to be submitted jointly to the governing body of the
5-27 municipality.
5-28 (b) The contract may not supersede a constitutional,
5-29 statutory, or charter provision that concerns the same issues.
5-30 (c) The term of the contract may not exceed three years.
6-1 (d) A meet and confer contract is not binding on the parties
6-2 unless:
6-3 (1) the members of the police department have ratified
6-4 the contract by a majority vote of the members voting on the issue
6-5 in a secret ballot, with all members of the police department
6-6 entitled to an opportunity to vote on the issue; and
6-7 (2) the governing body of the municipality has acted
6-8 by majority vote to approve the contract.
6-9 (e) The governing body of the municipality shall complete
6-10 all necessary procedures, including amendments to municipal
6-11 policies, ordinances, and budget appropriations required to
6-12 implement the terms of the contract within a reasonable time after
6-13 the contract has been ratified by the governing body and the
6-14 members of the police department.
6-15 Sec. 142.059. ENFORCEABILITY OF CONTRACT. (a) A contract
6-16 made under this subchapter between a public employer and a
6-17 bargaining agent is enforceable and binding on the public employer,
6-18 the bargaining agent, the bargaining team, and the members of the
6-19 police department covered by the contract if the contract has been
6-20 ratified under Section 142.058(d).
6-21 (b) A state district court of the judicial district in which
6-22 the greatest amount of territory of the municipality is located has
6-23 full authority and jurisdiction on the application of either party
6-24 aggrieved by an action or omission of the other party when the
6-25 action or omission relates to the rights, duties, or obligations
6-26 under the contract. The court may issue proper restraining orders,
6-27 temporary and permanent injunctions, and other writ, order, or
6-28 process, including contempt orders, appropriate to enforcing the
6-29 contract.
6-30 Sec. 142.060. IMPASSE RESOLUTION: SELECTIONS OF ADVISORY
7-1 FACT FINDER. (a) If the bargaining agent and the public employer
7-2 agree to meet and confer but the certified bargaining agent and the
7-3 public employer's representative are unable to reach agreement on a
7-4 contract within 30 days after the date of their first meeting, the
7-5 parties shall submit all unresolved issues that are subject to meet
7-6 and confer to advisory fact-finding.
7-7 (b) Not later than the third day after the date of the
7-8 expiration of the period provided by Subsection (a), the bargaining
7-9 agent shall inform the American Arbitration Association or its
7-10 successor organization, that advisory fact-finding is desired.
7-11 (c) Not later than the 10th day after the date the
7-12 arbitration association is notified, the arbitration association
7-13 shall simultaneously submit to each party an identical list of
7-14 seven names of persons who are capable of acting as an advisory
7-15 fact-finder. The parties shall alternately strike one name from
7-16 the list until one individual is selected.
7-17 (d) The selection process may not take longer than seven
7-18 days.
7-19 Sec. 142.061. IMPASSE RESOLUTION: PROCESS. (a) Not later
7-20 than 25th day after the date an advisory fact finder is selected,
7-21 the advisory fact finder shall begin hearing between the parties.
7-22 Hearings must be concluded not later than the seventh day after the
7-23 date the hearings begin. The parties shall submit briefs not later
7-24 than the fifth day after the date the hearing is concluded.
7-25 (b) The advisory fact finder shall consider the following:
7-26 (1) the lawful authority of the municipality;
7-27 (2) the stipulations of the parties;
7-28 (3) the interests and welfare of the public and the
7-29 financial ability of the municipality to bear the costs involved;
7-30 (4) a comparison of the wages, rates of pay, hours,
8-1 benefits, equipment, and staffing of the member of the police
8-2 department with those of other police officers performing similar
8-3 services in comparable communities;
8-4 (5) the cost of living; and
8-5 (6) the overall compensation received by the members
8-6 of the police department, including direct wage compensation,
8-7 vacation, holidays and other excused time, insurance and pensions,
8-8 medical and hospitalization benefits, the continuity and stability
8-9 of employment, and all other benefits received.
8-10 (c) The advisory fact finder also shall consider the final
8-11 offer of the public employer and the final offer of the bargaining
8-12 agent. The advisory fact finder may recommend the final offer of
8-13 the public employer or the bargaining agent, a combination of the
8-14 two, or an appropriate intermediate position. The advisory fact
8-15 finder shall state the reasons for the recommendations. The
8-16 recommendations of the advisory fact finder are advisory only.
8-17 (d) The advisory fact finder shall make written findings,
8-18 conclusions, and recommendations. The advisory fact finder may use
8-19 any generally accepted criteria or factors in arriving at the
8-20 findings, conclusions, and recommendations. The advisory fact
8-21 finder shall deliver copies of the findings, conclusions, and
8-22 recommendations to the public employer and the bargaining agent
8-23 before the 15th day after the date the hearing under Subsection (a)
8-24 concludes.
8-25 (e) Not later than the 12th day after the date the advisory
8-26 fact finder's recommendations are received, the representative of
8-27 the public employer and the bargaining agent shall meet and shall
8-28 simultaneously and in writing notify each other of their respective
8-29 determinations to accept or reject the recommendations of the
8-30 advisory fact finder.
9-1 (f) All fees and expenses related to advisory fact-finding
9-2 are shared equally by the public employer and the bargaining team.
9-3 Sec. 142.062. BINDING ARBITRATION. (a) If the bargaining
9-4 agent and the public employer are unable to accept the
9-5 recommendations of the advisory fact finder, the bargaining agent
9-6 and the representative of the public employer shall select an
9-7 arbitrator using the procedures described by Section 142.060 for
9-8 the selection of an advisory fact finder. The selection process
9-9 for purposes of Section 142.060(b) begins on the third day after
9-10 the date the parties meet under Section 142.061(e).
9-11 (b) The parties and the selected arbitrator shall repeat the
9-12 impasse resolution process described by Section 142.061, except
9-13 that the arbitrator shall resolve the disputed issues and the
9-14 arbitrator's resolution is binding on the public employer, the
9-15 bargaining agent, the bargaining team, and the members of the
9-16 police department.
9-17 SECTION 3. This Act takes effect September 1, 1997.
9-18 SECTION 4. The importance of this legislation and the
9-19 crowded condition of the calendars in both houses create an
9-20 emergency and an imperative public necessity that the
9-21 constitutional rule requiring bills to be read on three several
9-22 days in each house be suspended, and this rule is hereby suspended.