By: Gallegos S.B. No. 336 A BILL TO BE ENTITLED AN ACT 1-1 relating to the right of fire fighters to meet and confer. 1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-3 SECTION 1. Subtitle C, Title 5, Local Government Code, is 1-4 amended by adding Chapter 176 to read as follows: 1-5 CHAPTER 176. FIRE FIGHTERS RELATIONS 1-6 Sec. 176.001. SHORT TITLE. This chapter may be cited as the 1-7 Fire Fighters Relations Act. 1-8 Sec. 176.002. POLICY. It is declared to be the policy of 1-9 the State of Texas that fire fighters, like employees in the 1-10 private sector, should have the right to organize for the purpose 1-11 of dealing with and to confer collectively with their public 1-12 employer concerning wages, hours, working conditions, and all other 1-13 terms and conditions of employment. It is further declared to be 1-14 the policy of the State of Texas that a public employer shall 1-15 recognize a fire fighters association for the purpose of 1-16 representation consistent with the provisions of this chapter, 1-17 provided that such fire fighters association does not claim or 1-18 advocate the illegal right to strike. 1-19 Sec. 176.003. LOCAL CONTROL. A public employer may not 1-20 under the provisions of this chapter be denied local control over 1-21 the wages, salaries, rates of pay, hours of work, other terms and 1-22 conditions of employment, or diversity programs or other personnel 1-23 issues for which the state mandates the adoption of a policy by the 2-1 public employer. To ensure resolution of these matters at the 2-2 local level, the public employer and the recognized fire fighters 2-3 association may meet, confer, and bargain collectively in good 2-4 faith for the purpose of reaching a mutual written agreement. Such 2-5 obligation, however, does not compel either party to agree to a 2-6 proposal or require the making of a concession. To ensure local 2-7 and harmonious relations in pursuit of agreements under the terms 2-8 of this chapter, the fire fighters of a municipality may not engage 2-9 in strikes or organized work stoppages against this state or a 2-10 municipality of this state. A fire fighter who participates in a 2-11 strike forfeits all civil service rights, reemployment rights, and 2-12 any other rights, benefits, or privileges the fire fighter enjoys 2-13 as a result of employment or prior employment, except that the 2-14 right of an individual to cease work may not be abridged if the 2-15 individual is not acting in concert with others in an organized 2-16 work stoppage. This chapter is not applicable to fire fighters of 2-17 fire departments of political subdivisions of this state which have 2-18 adopted the provisions of Chapter 174. 2-19 Sec. 176.004. DEFINITIONS. In this chapter: 2-20 (1) "Fire fighters association" means an organization 2-21 in which fire fighters participate and which exists for the 2-22 purpose, in whole or part, of dealing with one or more employers, 2-23 whether public or private, concerning grievances, labor disputes, 2-24 wages, rates of pay, hours of employment, or conditions of work 2-25 affecting fire fighters. 3-1 (2) "Public employer" means any municipality or 3-2 agency, board, commission, or political subdivision that is 3-3 required to establish the wages, salaries, rates of pay, hours, 3-4 working conditions, other terms and conditions of employment, and 3-5 diversity programs of fire fighters. The term may include, under 3-6 appropriate circumstances, a mayor, manager, or administrator of a 3-7 municipality, a municipal governing body, a director of personnel, 3-8 a personnel board, or one or more other public officials or 3-9 entities, regardless of the name by which they are designated. 3-10 (3) "Written agreement" means a written agreement 3-11 between a public employer and a fire fighters association. 3-12 Sec. 176.005. RECOGNITION OF FIRE FIGHTERS ASSOCIATION. 3-13 (a) A fire fighters association selected by a petition signed by a 3-14 majority of the fire fighters in a department, division, or bureau, 3-15 regardless of the name by which it is designated, in a municipality 3-16 that chooses to confer, meet, and bargain, shall be recognized by 3-17 the public employer as the sole and exclusive bargaining agent for 3-18 all of the covered fire fighters, excluding the department head and 3-19 assistant department heads of the department, unless and until 3-20 recognition of the fire fighters association is withdrawn by a 3-21 majority of those fire fighters. 3-22 (b) In the event of a question about whether a fire fighters 3-23 association is the majority representative of the covered fire 3-24 fighters, the question shall be resolved by a fair election 3-25 conducted according to procedures agreeable to the parties. If the 4-1 parties are unable to agree on such procedures, either party may 4-2 request the Federal Mediation and Conciliation Service to conduct 4-3 the election and to certify the results. Certification of the 4-4 results of an election resolves the question concerning 4-5 representation. The fire fighters association is liable for the 4-6 expenses of the election, except that if two or more associations 4-7 seeking recognition as the bargaining agent submit petitions signed 4-8 by a majority of the covered fire fighters, the associations shall 4-9 share equally the costs of the election. 4-10 Sec. 176.006. OPEN MEETINGS REQUIRED. All deliberations 4-11 relating to an agreement between a fire fighters association and a 4-12 public employer shall be open to the public and comply with other 4-13 state law. 4-14 Sec. 176.007. ENFORCEABILITY OF AGREEMENT. (a) A written 4-15 agreement made under this chapter is enforceable and binding on the 4-16 public employer, the fire fighters association, and the public 4-17 employees covered by the written agreement if: 4-18 (1) the municipality's governing body ratifies the 4-19 written agreement by a majority vote; and 4-20 (2) the fire fighters association ratifies the written 4-21 agreement, by secret ballot, by a majority of the members voting. 4-22 (b) The state district court of the judicial district in 4-23 which the municipality is located has full authority and 4-24 jurisdiction on the application of either party aggrieved by an 4-25 action or omission related to the rights, duties, or obligations 5-1 provided by a written agreement ratified as described by Subsection 5-2 (a). The court may issue proper restraining orders, temporary and 5-3 permanent injunctions, and any other writ, order, or process, 5-4 including contempt orders, that are appropriate to enforcing this 5-5 chapter. 5-6 SECTION 2. This Act takes effect September 1, 1997. 5-7 SECTION 3. The importance of this legislation and the 5-8 crowded condition of the calendars in both houses create an 5-9 emergency and an imperative public necessity that the 5-10 constitutional rule requiring bills to be read on three several 5-11 days in each house be suspended, and this rule is hereby suspended.