By Bailey H.B. No. 3398
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to local control of fire fighters employment matters in
1-3 certain municipalities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 143 Subchapter (H), Local Government Code,
1-6 is amended by adding the following:
1-7 Sec. 143.210. Request for Arbitration; Agreement to
1-8 Arbitrate.
1-9 (a) A public employer or an association that is a bargaining
1-10 agent may request the appointment of an arbitration board if:
1-11 (1) the parties:
1-12 (A) reach an impasse in bargaining; or
1-13 (B) are unable to settle after the appropriate
1-14 lawmaking body fails to approve a contract reached through
1-15 bargaining;
1-16 (2) the parties made every reasonable effort to settle
1-17 the dispute through good-faith bargaining; and
1-18 (3) the public employer or association gives written
1-19 notice to the other party, specifying the issue in dispute.
1-20 (b) A request for arbitration must be made not later than
1-21 the fifth day after:
1-22 (1) the date an impasse was reached; or
1-23 (2) the expiration of an extension period.
2-1 (c) An election by both parties to arbitrate must:
2-2 (1) be made not later than the fifth day after the
2-3 date arbitration is requested; and
2-4 (2) be a written agreement to arbitrate.
2-5 (d) A party may not request arbitration more than once in a
2-6 fiscal year.
2-7 Sec. 176.154. Arbitration Board.
2-8 (a) Not later than the fifth day after the date an agreement
2-9 to arbitrate is executed, each party shall:
2-10 (1) select one arbitrator; and
2-11 (2) immediately notify the other party in writing of
2-12 the name and address of the arbitrator selected.
2-13 (b) Not later than the 10th day after the date an agreement
2-14 to arbitrate is executed, the arbitrators named under Subsection
2-15 (a) shall attempt to select a third (neutral) arbitrator. If the
2-16 arbitrators are unable to agree on a third arbitrator, either party
2-17 may request the American Arbitration Association to select the
2-18 third arbitrator, and the American Arbitration Association may
2-19 appoint the third arbitrator according to its fair and regular
2-20 procedures.
2-21 (c) The arbitrator selected under Subsection (b) presides
2-22 over the arbitration board.
2-23 Sec. 176.155. Arbitration Hearing.
2-24 (a) A presiding arbitrator shall:
2-25 (1) call a hearing to be held not later than the 10th
2-26 day after the date on which the presiding arbitrator is appointed;
3-1 and
3-2 (2) notify the other arbitrators, the public employer,
3-3 and the association in writing of the time and place of the
3-4 hearing, not later than the eighth day before the hearing.
3-5 (b) An arbitration hearing shall end not later than the 20th
3-6 day after the date the hearing begins.
3-7 (c) An arbitration hearing shall be informal.
3-8 Sec. 176.156. Scope of Arbitration.
3-9 (a) The issues to be arbitrated are all matters the parties
3-10 are unable to resolve through bargaining and procedures required by
3-11 this chapter.
3-12 (b) An arbitration board shall render an award in accordance
3-13 with the requirements of Section 176.021. In settling disputes
3-14 relating to compensation, hours, and other conditions of
3-15 employment, the board shall consider:
3-16 (1) hazards of employment;
3-17 (2) physical qualifications;
3-18 (3) educational qualifications;
3-19 (4) mental qualifications;
3-20 (5) job training;
3-21 (6) skills; and
3-22 (7) other factors.
3-23 SECTION 2. This Act takes effect September 1, 2001.