By Gallegos S.B. No. 1282 75R6796 GJH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to collective bargaining 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 COLLECTIVE BARGAINING CONTRACTS 1-15 Sec. 142.051. APPLICABILITY. This subchapter applies only 1-16 to a municipality with a population of 1,500,000 or more that has 1-17 not adopted Chapter 174. 1-18 Sec. 142.052. DEFINITIONS. In this subchapter: 1-19 (1) "Certified bargaining agent" means an agent 1-20 recognized under Section 142.055. 1-21 (2) "Collective bargaining contract" means the terms 1-22 to which the certified bargaining agent recognized under Section 1-23 142.055 and the public employer have voluntarily agreed. 1-24 (3) "Member of the police department" has the meaning 2-1 assigned by Section 142.010. 2-2 (4) "Public employer" means the municipality or the 2-3 agency, board, commission, or department controlled by the 2-4 municipality that is required to establish the wages, rates of pay, 2-5 hours, working conditions, and other terms and conditions of 2-6 employment of, and affirmative action programs affecting, members 2-7 of the police department. The term may, when appropriate, include 2-8 the mayor, manager, or administrator of the municipality, a 2-9 municipal governing body, the director of personnel, a personnel 2-10 board, or one or more other officials. 2-11 (5) "Existing employee association" means an 2-12 organization recognized under Section 142.055 in which police 2-13 officers participate and that exists in whole or in part for the 2-14 purpose of representing public or private employees in their 2-15 relations with one or more public or private employers concerning 2-16 grievances, labor disputes, wages, rates of pay, hours of 2-17 employment, or other conditions of work affecting the employees. 2-18 Sec. 142.053. LOCAL CONTROL; STRIKES. (a) Except as 2-19 provided by Section 142.058(b), a municipality may not be denied 2-20 local control over wages, rates of pay, hours of work, affirmative 2-21 action programs, other terms and conditions of employment, or other 2-22 state-mandated personnel issues on which the public employer and 2-23 the certified bargaining agent agree in writing. A term or 2-24 condition on which the public employer and the certified bargaining 2-25 agent do not have a written contract is governed by applicable 2-26 statutes, local ordinances, and civil service rules. This 2-27 subchapter does not require the public employer and the certified 3-1 bargaining agent to meet and bargain collectively or reach an 3-2 agreement on any issue. 3-3 (b) A public employer and the certified bargaining agent may 3-4 meet and bargain collectively only if the certified bargaining 3-5 agent does not advocate the right to strike by members of the 3-6 police department. A certified bargaining agent that advocates a 3-7 strike by members of the police department loses its recognition as 3-8 the sole and exclusive bargaining agent for all police officers and 3-9 is subject to injunctive relief, a suit for damages, or other legal 3-10 remedy. 3-11 (c) A member of the police department may not engage in a 3-12 strike or organized work stoppage against this state or a political 3-13 subdivision of this state. A member of the police department who 3-14 participates in a strike forfeits all civil service rights, 3-15 reemployment rights, and other rights, benefits, or privileges the 3-16 member of the police department enjoys as a result of the member's 3-17 employment or previous employment with the municipality. This 3-18 subsection does not affect the right of a member of the police 3-19 department to cease employment if the member is not acting in 3-20 concert with other members of the police department. 3-21 Sec. 142.054. EMPLOYEE RIGHTS. (a) A member of the police 3-22 department below the rank of assistant chief has the right to form, 3-23 join, and participate in the activities of an employee organization 3-24 of the member's choice for the purpose of representation on matters 3-25 of wages, rates of pay, hours, benefits, and other terms or 3-26 conditions of employment. 3-27 (b) A member of the police department has the right to 4-1 refuse to join and to refuse to participate in an activity of an 4-2 employee organization. 4-3 (c) A member of the police department has the right to 4-4 choose to have the person's individual grievance heard with or 4-5 without representation by an employee organization, without any 4-6 representation, or with representation of the member's choice. The 4-7 resolution of an individual grievance must be in accord with the 4-8 terms of any contract under this subchapter that is in effect and 4-9 applicable to all of the members of the police department. 4-10 (d) The public employer, a member of the police department, 4-11 or the certified bargaining agent may not interfere with, 4-12 intimidate, restrain, coerce, or discriminate against any member of 4-13 the police department because the member exercised the member's 4-14 rights under this section. 4-15 Sec. 142.055. RECOGNITION OF CERTIFIED AGENT. (a) To be 4-16 eligible for selection under Subsection (b) or (c), a person must 4-17 be an independent agent not affiliated with any existing employee 4-18 association in the five years before the date of selection under 4-19 Subsection (b) or (c). 4-20 (b) Except as provided in Subsection (a), the public 4-21 employer shall recognize and certify as the certified bargaining 4-22 agent the person elected by a unanimous vote of the existing 4-23 employee associations. 4-24 (c) If it is clear that a unanimous election is not 4-25 possible, each existing employee association shall nominate two 4-26 candidates to be voted on by the members of the police department. 4-27 If no candidate receives a majority of the votes cast, a runoff 5-1 election shall occur between the two candidates receiving the 5-2 greatest number of votes. The public employer shall certify as the 5-3 certified bargaining agent the candidate who receives a majority of 5-4 the votes cast. Under this subsection, the election process shall 5-5 be conducted in a manner so that the selection of a bargaining 5-6 agent is completed within 60 days after the date a candidate is 5-7 nominated. 5-8 (d) An existing employee association shall submit to the 5-9 certified bargaining agent a proposal relating to wages, rates of 5-10 pay, hours, benefits, and other conditions of work affecting the 5-11 members of the police department within 30 days after the date the 5-12 bargaining agent is certified. 5-13 (e) Each existing employee association shall share equally 5-14 all fees and expenses of a certified bargaining agent or an 5-15 election relating to a collective bargaining contract. If an 5-16 existing employee association fails to pay a fee or expense within 5-17 60 days after the date the fee is due, the existing employee 5-18 association may not be recognized for the purposes of this 5-19 subchapter until the existing employee association pays the past 5-20 due fee plus 10 percent interest and any past due expenses. 5-21 Sec. 142.056. COLLECTIVE BARGAINING. When the public 5-22 employer and the certified bargaining agent agree to bargain 5-23 collectively, the employer and the certified bargaining agent have 5-24 the obligation to meet at reasonable times, to confer in good 5-25 faith, and, if requested by either party, to reduce to a written 5-26 contract the matters to which the parties agree. A party is not 5-27 required to agree to a proposal or make a concession. 6-1 Sec. 142.057. BARGAINING ISSUES. When the public employer 6-2 and the certified bargaining agent agree to bargain collectively, 6-3 the employer and the certified bargaining agent have the duty to 6-4 bargain with respect to wages, rates of pay, hours, benefits, and 6-5 other terms or conditions of employment. The public employer's 6-6 representative on request shall bargain in good faith with the 6-7 certified bargaining agent and shall fully consider all proposals 6-8 submitted by the certified association to the public employer that 6-9 are appropriate subjects under this section. 6-10 Sec. 142.058. COLLECTIVE BARGAINING CONTRACT. (a) An 6-11 agreement reached by the representative of the public employer and 6-12 the certified bargaining agent shall be in writing. The contract 6-13 is a mutual recommendation to be submitted jointly to the governing 6-14 body of the municipality. 6-15 (b) The contract may not supersede a constitutional, 6-16 statutory, or charter provision that concerns the same issues. 6-17 (c) The term of the contract may not exceed three years. 6-18 (d) A collective bargaining contract is not binding on the 6-19 parties unless: 6-20 (1) the members of the police department have ratified 6-21 the contract by a majority vote of the members voting on the issue 6-22 in a secret ballot, with all members of the police department 6-23 entitled to an opportunity to vote on the issue; and 6-24 (2) the governing body of the municipality has acted 6-25 by majority vote to approve the contract. 6-26 (e) The governing body of the municipality shall complete 6-27 all necessary procedures, including amendments to municipal 7-1 policies, ordinances, and budget appropriations required to 7-2 implement the terms of the contract within a reasonable time after 7-3 the contract has been ratified by the governing body and the 7-4 members of the police department. 7-5 Sec. 142.059. ENFORCEABILITY OF CONTRACT. (a) A contract 7-6 made under this subchapter between a public employer and a 7-7 certified bargaining agent is enforceable and binding on the public 7-8 employer, the certified bargaining agent, an existing employee 7-9 association, and the members of the police department covered by 7-10 the contract if the contract has been ratified under Section 7-11 142.058(d). 7-12 (b) A state district court of the judicial district in which 7-13 the greatest amount of territory of the municipality is located has 7-14 full authority and jurisdiction on the application of either party 7-15 aggrieved by an action or omission of the other party when the 7-16 action or omission relates to the rights, duties, or obligations 7-17 under the contract. The court may issue proper restraining orders, 7-18 temporary and permanent injunctions, and any other writ, order, or 7-19 process, including contempt orders, appropriate to enforcing the 7-20 contract. 7-21 Sec. 142.060. IMPASSE RESOLUTION: SELECTION OF ADVISORY 7-22 FACT FINDER. (a) If the certified bargaining agent and the public 7-23 employer agree to bargain collectively but the certified bargaining 7-24 agent and the public employer's representative are unable to reach 7-25 agreement on a contract within 30 days after the date of their 7-26 first meeting, the parties shall submit all unresolved issues that 7-27 are subject to collective bargaining to advisory fact-finding. 8-1 (b) Not later than the third day after the date of the 8-2 expiration of the period provided by Subsection (a), the certified 8-3 bargaining agent shall inform the American Arbitration Association, 8-4 or its successor organization, that advisory fact-finding is 8-5 desired. 8-6 (c) Not later than the 10th day after the date the 8-7 arbitration association is notified, the arbitration association 8-8 shall simultaneously submit to each party an identical list of 8-9 seven names of persons who are capable of acting as an advisory 8-10 fact finder. The parties shall alternately strike one name from 8-11 the list until one individual is selected. 8-12 (d) The selection process may not take longer than seven 8-13 days. 8-14 Sec. 142.061. IMPASSE RESOLUTION: PROCESS. (a) Not later 8-15 than the 25th day after the date an advisory fact finder is 8-16 selected, the advisory fact finder shall begin hearings between the 8-17 parties. Hearings must be concluded not later than the seventh day 8-18 after the date the hearings begin. The parties shall submit briefs 8-19 not later than the fifth day after the date the hearing is 8-20 concluded. 8-21 (b) The advisory fact finder shall consider the following: 8-22 (1) the lawful authority of the municipality; 8-23 (2) the stipulations of the parties; 8-24 (3) the interests and welfare of the public and the 8-25 financial ability of the municipality to bear the costs involved; 8-26 (4) a comparison of the wages, rates of pay, hours, 8-27 benefits, and other terms or conditions of employment of the 9-1 members of the police department with those of other police 9-2 officers performing similar services in comparable communities; 9-3 (5) the cost of living; and 9-4 (6) the overall compensation received by the members 9-5 of the police department, including direct wage compensation, 9-6 vacation, holidays and other excused time, insurance and pensions, 9-7 medical and hospitalization benefits, the continuity and stability 9-8 of employment, and all other benefits received. 9-9 (c) The advisory fact finder also shall consider the final 9-10 offer of the public employer and the final offer of the certified 9-11 bargaining agent. The advisory fact finder may recommend the final 9-12 offer of the public employer or of the certified bargaining agent, 9-13 a combination of the two, or an appropriate intermediate position. 9-14 The advisory fact finder shall state the reasons for the 9-15 recommendations. The recommendations of the advisory fact finder 9-16 are advisory only. 9-17 (d) The advisory fact finder shall make written findings, 9-18 conclusions, and recommendations. The advisory fact finder may use 9-19 any generally accepted criteria or factors in arriving at the 9-20 findings, conclusions, and recommendations. The advisory fact 9-21 finder shall deliver copies of the findings, conclusions, and 9-22 recommendations to the public employer and the certified bargaining 9-23 agent before the 15th day after the date the hearing under 9-24 Subsection (a) concludes. 9-25 (e) Not later than the 12th day after the date the advisory 9-26 fact finder's recommendations are received, the representative of 9-27 the public employer and the certified bargaining agent shall meet 10-1 and shall simultaneously and in writing notify each other of their 10-2 respective determinations to accept or reject the recommendations 10-3 of the advisory fact finder. 10-4 (f) All fees and expenses related to advisory fact-finding 10-5 are shared equally by the public employer and the certified 10-6 bargaining agent. 10-7 Sec. 142.062. BINDING ARBITRATION. (a) If the certified 10-8 bargaining agent and the public employer are unable to accept the 10-9 recommendations of the advisory fact finder, the representative of 10-10 the certified bargaining agent and the representative of the public 10-11 employer shall select an arbitrator using the procedures described 10-12 by Section 142.060 for the selection of an advisory fact finder. 10-13 The selection process for purposes of Section 142.060(b) begins on 10-14 the third day after the date the parties meet under Section 10-15 142.061(e). 10-16 (b) The parties and the selected arbitrator shall repeat the 10-17 impasse resolution process described by Section 142.061, except 10-18 that the arbitrator shall resolve the disputed issues and the 10-19 arbitrator's resolution is binding on the public employer, the 10-20 certified bargaining agent, an existing employee association, and 10-21 the members of the police department. 10-22 SECTION 3. This Act takes effect September 1, 1997. 10-23 SECTION 4. The importance of this legislation and the 10-24 crowded condition of the calendars in both houses create an 10-25 emergency and an imperative public necessity that the 10-26 constitutional rule requiring bills to be read on three several 10-27 days in each house be suspended, and this rule is hereby suspended.