By Ritter H.B. No. 3113
77R8224 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to grievance procedures for employees of the Texas
1-3 Department of Criminal Justice.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 493, Government Code, is amended by adding
1-6 Section 493.026 to read as follows:
1-7 Sec. 493.026. GRIEVANCE PROCEDURE. (a) In this section,
1-8 "employment-related grievance" means an employment-related issue,
1-9 in regard to which an employee wishes to express dissatisfaction,
1-10 and includes issues relating to:
1-11 (1) promotions;
1-12 (2) leave requests;
1-13 (3) performance evaluations;
1-14 (4) transfers;
1-15 (5) benefits;
1-16 (6) working environment;
1-17 (7) shift or duty assignments;
1-18 (8) harassment;
1-19 (9) retaliation;
1-20 (10) disciplinary actions, including discharge,
1-21 suspension, or demotion;
1-22 (11) relationships with supervisors or other
1-23 employees; and
1-24 (12) any other issue that the board determines may be
2-1 the subject of a grievance procedure.
2-2 (b) The board shall establish procedures and practices
2-3 through which the department will address employment-related
2-4 grievances. The board shall adopt:
2-5 (1) a form on which an employee may state an
2-6 employment-related grievance and request a specific corrective
2-7 action;
2-8 (2) reasonable time limits for an employee to submit
2-9 an employment-related grievance, and any subsequent appeals, and
2-10 for the department to respond to a grievance or appeal;
2-11 (3) for a grievance relating to the discharge of an
2-12 employee, a process consisting of independent mediation or
2-13 independent nonbinding arbitration to resolve the grievance;
2-14 (4) for a grievance other than one relating to the
2-15 discharge of an employee, a three-step process by which an
2-16 employee's employment-related grievance is submitted to the lowest
2-17 appropriate level of management, with a subsequent appeal submitted
2-18 to a higher level in the chain of command, on completion of which
2-19 the employee may choose to submit the grievance to binding
2-20 arbitration with an impartial third party; and
2-21 (5) a program to advertise and explain the grievance
2-22 procedure to all employees.
2-23 (c) On the request of either party, mediation must be used
2-24 in an attempt to resolve the grievance on its submission under
2-25 Subsection (b)(3) or on an appeal under that subsection.
2-26 (d) If a party to the employment-related grievance fails to
2-27 comply with the time limits adopted under Subsection (b)(2), the
3-1 opposing party prevails in the grievance action.
3-2 (e) An employee may be represented by a person selected by
3-3 the employee to participate in the employment-related grievance
3-4 process on behalf of the employee. Any grievance proceeding in
3-5 which a department employee serves as a representative shall be
3-6 held during the normal business hours of the department, unless the
3-7 employee and the department agree otherwise. Attending a grievance
3-8 proceeding as a party to the proceeding or as a representative of a
3-9 party is part of an employee's regular employment duties.
3-10 (f) At the choice of the employee in the employment-related
3-11 grievance action, the department and the employee shall enter into
3-12 binding arbitration on the action. The losing party shall pay the
3-13 expenses and fees of the arbitration process, except as otherwise
3-14 agreed to by the parties. To facilitate arbitration, the
3-15 department shall immediately request a list of qualified neutral
3-16 arbitrators from the American Arbitration Association or the
3-17 Federal Mediation and Conciliation Service, or their successors in
3-18 function. The employee and department may agree on one name on the
3-19 list. If the employee and department do not agree on a name before
3-20 the sixth working day after the date on which the list is received,
3-21 the employee and the department shall alternate striking a name
3-22 from the list, and the name remaining is the arbitrator. The
3-23 employee and the department shall agree on a date for the
3-24 proceeding.
3-25 (g) The grievance action is confidential, except to the
3-26 extent that Chapter 552 applies.
3-27 (h) The department may not retaliate against an employee who
4-1 files an employment-related grievance.
4-2 (i) The department shall submit annually to the board a
4-3 report on the department's use of the employment-related grievance
4-4 process. The report must include:
4-5 (1) the number of grievances filed;
4-6 (2) a brief description of each grievance filed; and
4-7 (3) the final disposition of each grievance.
4-8 SECTION 2. The Texas Board of Criminal Justice shall
4-9 establish grievance procedures, as required by Section 493.026,
4-10 Government Code, as added by this Act, not later than November 1,
4-11 2001. A grievance filed on or after November 15, 2001, is subject
4-12 to the procedures established under Section 493.026.
4-13 SECTION 3. This Act takes effect September 1, 2001.