By: Gallegos S.B. No. 1861 Line and page numbers may not match official copy. Bill not drafted by TLC or Senate E&E. A BILL TO BE ENTITLED AN ACT 1-1 relating to meet and confer agreements for police officers in 1-2 certain municipalities. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 142 Local Government Code, is amended by 1-5 designating Sections 142.001-142.011 as Subchapter A, Chapter 142, 1-6 Local Government Code, and adding a subchapter heading to read as 1-7 follows: 1-8 SUBCHAPTER A. ASSISTANCE, BENEFITS, 1-9 AND WORKING CONDITIONS 1-10 SECTION 2. Chapter 142, Local Government Code, is amended by 1-11 adding Subchapter B to read as follows: 1-12 SUBCHAPTER B. POLICE DEPARTMENT 1-13 MEET AND CONFER CONTRACTS 1-14 Sec. 142.051. APPLICABILITY. This subchapter applies only to 1-15 a municipality with a population of 1.5 million or more that has 1-16 not adopted Chapter 174. 1-17 Sec. 142.052. DEFINITIONS. In this subchapter: 1-18 (1) "Bargaining Agent" means an agent recognized under 1-19 Section 142.055 by the bargaining team by unanimous vote or, if not 1-20 by unanimous vote, by a majority vote of the officers of those 1-21 associations, and exists in whole or in part for the purpose of 2-1 representing public or private employees in their relations with 2-2 one or more public or private employers concerning grievances, 2-3 labor disputes, wages, rates of pay, hours of employment, 2-4 equipment, and staffing affecting the employees. The bargaining 2-5 agent must be an outside, independent agent not affiliated with any 2-6 existing employee association, or who has been affiliated with any 2-7 existing employee association within 2-8 the past five years but the bargaining agent can be used for more 2-9 than one contract. 2-10 (2) "Meet and confer contract" means the terms to 2-11 which the bargaining team recognized under Section 142.055 and the 2-12 public employer have voluntarily agreed. 2-13 (3) "Member of the police department" has the meaning 2-14 assigned by Section 142.010. 2-15 (4) "Public employer" means the municipality or the 2-16 agency, board, commission, or department controlled by the 2-17 municipality that is required to establish the wages, rates of pay, 2-18 hours, equipment, staffing, and affirmative action programs 2-19 affecting members of the police department. The term may, when 2-20 appropriate, include the mayor, manager, or administrator of the 2-21 municipality, a municipal governing body, the director of 2-22 personnel, a personnel board, or one or more other officials. 2-23 (5) "Bargaining team" means an association or 2-24 organization recognized under Section 142.055 in which police 2-25 officers participate and that exists in whole or in part for the 3-1 purpose of representing public or private employees in their 3-2 relations with one or more public or private employers concerning 3-3 grievances, labor disputes, wages, rates of pay, hours of 3-4 employment, equipment, and staffing, affecting the employees. 3-5 Sec. 142.053. LOCAL CONTROL; STRIKES. (A) Except as 3-6 provided by Section 142.058(b), a municipality may not be denied 3-7 local control over wages, rates of pay, hours of work, affirmative 3-8 action programs, other terms and conditions of employment, or other 3-9 state-mandated personnel issues on which the public employer and 3-10 the bargaining agent agree in writing. A term or condition on 3-11 which the public employer and the bargaining agent do not have a 3-12 written contract is governed by applicable statutes, local 3-13 ordinances, and civil service rules. This subchapter does not 3-14 require the public employer and the bargaining agent to meet and 3-15 confer or reach an agreement on any issue. 3-16 (b) A public employer and the bargaining agent may meet and 3-17 confer only if the agent does not advocate the right to strike by 3-18 members of the police department. A bargaining team that advocates 3-19 a strike by members of the police department loses its recognition 3-20 as the bargaining team for all police officers and is subject to 3-21 injunctive relief, a suit for damages, or other legal remedy. 3-22 (c) A member of the police department may not engage in a 3-23 strike or organized work stoppage against this state or a political 3-24 subdivision of this state. A member of the police department who 3-25 participates in a strike forfeits all civil service rights, 4-1 reemployment rights, and other rights, benefits, or privileges the 4-2 member of the police department enjoys as a result of the member's 4-3 employment or previous employment with the municipality. This 4-4 subsection does not affect the right of a member of the police 4-5 department to cease employment if the member is not acting in 4-6 concert with other members of the police department. 4-7 Sec. 142.054. EMPLOYEE RIGHTS. (a) A member of the police 4-8 department below the rank of assistant chief has the right to form, 4-9 join, and participate in the activities of an employee organization 4-10 of the member's choice for the purpose of representation on matters 4-11 of wages, rates of pay, hours, benefits, equipment, and staffing. 4-12 (b) A member of the police department has the right to 4-13 refuse to join and to refuse to participate in an activity of an 4-14 employee organization. 4-15 (c) A member of the police department has the right to 4-16 choose to have the person's individual grievance heard with or 4-17 without representation by an employee organization, without any 4-18 representation, or with representation of the member's choice. The 4-19 resolution of an individual grievance must be in accord with the 4-20 terms of any contract under this subchapter that is in effect and 4-21 applicable to all of the members of the police department. 4-22 (d) The public employer, a member of the police department, 4-23 or the bargaining agent may not interfere with, intimidate, 4-24 restrain, coerce, or discriminate against any member of the police 4-25 department because the member exercised the member's rights under 5-1 this section. 5-2 Sec. 142.055. RECOGNITION AND COMPOSITION OF BARGAINING 5-3 AGENT. (a) The public employer shall recognize as the bargaining 5-4 agent that person who is selected by a unanimous vote of the 5-5 bargaining team, excluding the chief and assistant chiefs. 5-6 (b) If a unanimous vote is not possible, then the existing 5-7 employee associations will submit two names each for a bargaining 5-8 agent, for a vote to the members of the police department. A 5-9 majority vote of those members voting on the issue in a secret 5-10 ballot is needed to certify a bargaining agent. If no majority is 5-11 acquired on the first ballot, then a run-off should occur between 5-12 the two highest vote receivers. The section of a bargaining agent 5-13 should take no more than 60 calendar days. 5-14 (c) Once a bargaining agent is selected then the bargaining 5-15 team or existing employee associations will submit to the 5-16 bargaining agent a proposal with respect to wages, rates of pay, 5-17 hours, benefits, equipment, and staffing. This proposal should 5-18 take no more than 30 calendar days. 5-19 (d) All fees and expenses related to the use of a bargaining 5-20 agent, or any elections pertaining to the meet and confer contract 5-21 by the bargaining team will be shared equally by the existing 5-22 employee associations. If fees are not paid within 60 calendar 5-23 days, then the existing employee associations not paying will not 5-24 be recognized as an existing employee association until past fees 5-25 are collected, plus 10 percent (10%) interest. 6-1 Sec. 142.056. MEET AND CONFER. When the public employer and 6-2 the bargaining agent agree to meet and confer, the employer and the 6-3 bargaining agent have the obligation to meet at reasonable times, 6-4 to confer in good faith, and, if requested by either party, to 6-5 reduce to a written contract the matters to which the parties 6-6 agree. A party is not required to agree to a proposal, or make a 6-7 concession. 6-8 Sec. 142.057. BARGAINING ISSUES. When the public employer 6-9 and the certified bargaining agent agree to meet and confer, the 6-10 employer and the bargaining agent have the duty to bargain with 6-11 respect to wages, rates of pay, hours, benefits, equipment, and 6-12 staffing. The public employer's representative on request shall 6-13 bargain in good faith with the bargaining agent and shall fully 6-14 consider all proposals submitted by the bargaining agent to the 6-15 public employer that are appropriate subjects under this section. 6-16 Sec. 142.058. MEET AND CONFER CONTRACT. (a) An agreement 6-17 reached by the representative of the public employer and the 6-18 bargaining agent shall be in writing. The contract is a mutual 6-19 recommendation to be submitted jointly to the governing body of the 6-20 municipality. 6-21 (b) The contract may not supersede a constitutional, 6-22 statutory, or charter provision that concerns the same issues. 6-23 (c) The term of the contract may not exceed three years. 6-24 (d) A meet and confer contract is not binding on the parties 6-25 unless: 7-1 (1) the members of the police department have ratified 7-2 the contract by a majority vote of the members voting on the issue 7-3 in a secret ballot, with all members of the police department 7-4 entitled to an opportunity to vote on the issue; and 7-5 (2) the governing body of the municipality has acted 7-6 by majority vote to approve the contract. 7-7 (e) The governing body of the municipality shall complete 7-8 all necessary procedures, including amendments to municipal 7-9 policies, ordinances, and budget appropriations required to 7-10 implement the terms of the contract within a reasonable time after 7-11 the contract has been ratified by the governing body and the 7-12 members of the police department. 7-13 Sec. 142.059. ENFORCEABILITY OF CONTRACT. (a) A contract 7-14 made under this subchapter between a public employer and a 7-15 bargaining agent is enforceable and binding on the public employer, 7-16 the bargaining agent, the bargaining team, and the members of the 7-17 police department covered by the contract if the contract has been 7-18 ratified under Section 142.058(d). 7-19 (b) A state district court of the judicial district in which 7-20 the greatest amount of territory of the municipality is located has 7-21 full authority and jurisdiction on the application of either party 7-22 aggrieved by an action or omission of the other party when the 7-23 action or omission relates to the rights, duties, or obligations 7-24 under the contract. The court may issue proper restraining orders, 7-25 temporary and permanent injunctions, and other writ, order, or 8-1 process, including contempt orders, appropriate to enforcing the 8-2 contract. 8-3 Sec. 142.060. IMPASSE RESOLUTION: SELECTIONS OF ADVISORY 8-4 FACT FINDER. 8-5 (a) If the bargaining agent and the public employer agree to 8-6 meet and confer but the certified bargaining agent and the public 8-7 employer's representative are unable to reach agreement on a 8-8 contract within 30 days after the date of their first meeting, the 8-9 parties shall submit all unresolved issues that are subject to meet 8-10 and confer to advisory fact-finding. 8-11 (b) Not later than the third day after the date of the 8-12 expiration of the period provided by Subsection (a), the bargaining 8-13 agent shall inform the American Arbitration Association or its 8-14 successor organization, that advisory fact-finding is desired. 8-15 (c) Not later than the 10th day after the date the 8-16 arbitration association is notified, the arbitration association 8-17 shall simultaneously submit to each party an identical list of 8-18 seven names of persons who are capable of acting as an advisory 8-19 fact-finder. The parties shall alternately strike one name from 8-20 the list until one individual is selected. 8-21 (d) The selection process may not take longer than seven 8-22 days. 8-23 Sec. 142.061. IMPASSE RESOLUTION: PROCESS. (a) Not later 8-24 than 25th day after the date an advisory fact finder is selected, 8-25 the advisory fact finder shall begin hearing between the parties. 9-1 Hearings must be concluded not later than the seventh day after the 9-2 date the hearings begin. The parties shall submit briefs not later 9-3 than the fifth day after the date the hearing is concluded. 9-4 (b) The advisory fact finder shall consider the following: 9-5 (1) the lawful authority of the municipality; 9-6 (2) the stipulations of the parties; 9-7 (3) the interests and welfare of the public and the 9-8 financial ability of the municipality to bear the costs involved; 9-9 (4) a comparison of the wages, rates of pay, hours, 9-10 benefits, equipment, and staffing of the member of the police 9-11 department with those of other police officers performing similar 9-12 services in comparable communities; 9-13 (5) the cost of living; and 9-14 (6) the overall compensation received by the members 9-15 of the police department, including direct wage compensation, 9-16 vacation, holidays and other excused time, insurance and pensions, 9-17 medical and hospitalization benefits, the continuity and stability 9-18 of employment, and all other benefits received. 9-19 (c) The advisory fact finder also shall consider the final 9-20 offer of the public employer and the final offer of the bargaining 9-21 agent. The advisory fact finder may recommend the final offer of 9-22 the public employer or the bargaining agent, a combination of the 9-23 two, or an appropriate intermediate position. The advisory fact 9-24 finder shall state the reasons for the recommendations. The 9-25 recommendations of the advisory fact finder are advisory only. 10-1 (d) The advisory fact finder shall make written findings, 10-2 conclusions, and recommendations. The advisory fact finder may use 10-3 any generally accepted criteria or factors in arriving at the 10-4 findings, conclusions, and recommendations. The advisory fact 10-5 finder shall deliver copies of the findings, conclusions, and 10-6 recommendations to the public employer and the bargaining agent 10-7 before the 15th day after the date the hearing under Subsection (a) 10-8 concludes. 10-9 (e) Not later than the 12th day after the date the advisory 10-10 fact finder's recommendations are received, the representative of 10-11 the public employer and the bargaining agent shall meet and shall 10-12 simultaneously and in writing notify each other of their respective 10-13 determinations to accept or reject the recommendations of the 10-14 advisory fact finder. 10-15 (f) All fees and expenses related to advisory fact-finding 10-16 are shared equally by the public employer and the bargaining team. 10-17 Sec. 142.062. BINDING ARBITRATION. (a) If the bargaining 10-18 agent and the public employer are unable to accept the 10-19 recommendations of the advisory fact finder, the bargaining agent 10-20 and the representative of the public employer shall select an 10-21 arbitrator using the procedures described by Section 142.060 for 10-22 the selection of an advisory fact finder. The selection process 10-23 for purposes of Section 142.060(b) begins on the third day after 10-24 the date the parties meet under Section 142.061(e). 10-25 (b) The parties and the selected arbitrator shall repeat the 11-1 impasse resolution process described by Section 142.061, except 11-2 that the arbitrator shall resolve the disputed issues and the 11-3 arbitrator's resolution is binding on the public employer, the 11-4 bargaining agent, the bargaining team, and the members of the 11-5 police department. 11-6 SECTION 3. This Act takes effect September 1, 1997. 11-7 SECTION 4. The importance of this legislation and the 11-8 crowded condition of the calendars in both houses create an 11-9 emergency and an imperative public necessity that the 11-10 constitutional rule requiring bills to be read on three several 11-11 days in each house be suspended, and this rule is hereby suspended.