By: Gallegos S.B. No. 336
97S0188/1
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 Sec. 176.008. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
5-7 (a) A written agreement under this chapter supersedes any previous
5-8 law concerning wages, salaries, rates of pay, hours of work, other
5-9 terms and conditions of employment, and diversity programs to the
5-10 extent of any conflict with the previous law.
5-11 (b) A written agreement under this chapter preempts all
5-12 contrary local ordinances, executive orders, legislation, or rules
5-13 adopted by the state or a political subdivision or agent of the
5-14 state, such as a personnel board, a civil service commission, or a
5-15 home-rule municipality provided that provisions of the written
5-16 agreement shall take precedence over state or local civil service
5-17 provisions only if the written agreement specifically so provides.
5-18 With the exception of action taken by the legislature, civil
5-19 service provisions shall not be repealed or modified by any other
5-20 manner or method other than mutual written agreement, although
5-21 arbitrators and courts, where appropriate, may interpret and
5-22 enforce civil service provisions.
5-23 (c) Although employee benefits that are provided through
5-24 state law or local ordinance may be modified by mutual written
5-25 agreement for periods not to exceed the term of any such written
6-1 agreement, nothing contained in this chapter shall be construed as
6-2 repealing any existing benefit provided by law or ordinance
6-3 concerning employees' salaries, pensions, retirement plans, hours
6-4 of work, conditions of work, or other emoluments. This chapter
6-5 shall be cumulative and in addition to the benefits provided by
6-6 such laws and ordinances.
6-7 SECTION 2. This Act takes effect September 1, 1997.
6-8 SECTION 3. The importance of this legislation and the
6-9 crowded condition of the calendars in both houses create an
6-10 emergency and an imperative public necessity that the
6-11 constitutional rule requiring bills to be read on three several
6-12 days in each house be suspended, and this rule is hereby suspended.