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.