1-1 By: Gallegos S.B. No. 379 1-2 (In the Senate - Filed January 24, 2001; January 29, 2001, 1-3 read first time and referred to Committee on Intergovernmental 1-4 Relations; April 17, 2001, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 6, Nays 0; 1-6 April 17, 2001, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 379 By: Cain 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to conditions of employment for peace officers employed by 1-11 certain rapid transit authorities. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Chapter 451, Transportation Code, is amended by 1-14 adding Subchapter P to read as follows: 1-15 SUBCHAPTER P. LOCAL CONTROL OF PEACE OFFICER 1-16 EMPLOYMENT MATTERS IN CERTAIN AUTHORITIES 1-17 Sec. 451.751. APPLICABILITY. This subchapter applies only 1-18 to an authority in which the principal municipality has a 1-19 population of more than 1.5 million. 1-20 Sec. 451.752. DEFINITIONS. In this subchapter: 1-21 (1) "Association" means an organization in which peace 1-22 officers employed by the authority participate and that exists for 1-23 the purpose, wholly or partly, of dealing with the authority 1-24 concerning grievances, labor disputes, wages, rates of pay, hours 1-25 of work, or conditions of work affecting peace officers. 1-26 (2) "Public employer" means an authority that is 1-27 required to establish the wages, salaries, rates of pay, hours of 1-28 work, working conditions, and other terms and conditions of 1-29 employment of peace officers employed by the authority. 1-30 Sec. 451.753. GENERAL PROVISIONS RELATING TO AGREEMENTS, 1-31 RECOGNITION, AND STRIKES. (a) An authority may not be denied 1-32 local control over the wages, salaries, rates of pay, hours of 1-33 work, or other terms and conditions of employment to the extent the 1-34 public employer and the association recognized as the sole and 1-35 exclusive bargaining agent under Section 451.754 agree as provided 1-36 by this subchapter. Applicable statutes and applicable local rules 1-37 and regulations apply to an issue not governed by the agreement. 1-38 (b) An agreement under this subchapter must be written. 1-39 (c) This subchapter does not require a public employer or a 1-40 recognized association to meet and confer on any issue or reach an 1-41 agreement. 1-42 (d) A public employer and the recognized association may 1-43 meet and confer only if the association does not advocate an 1-44 illegal strike by public employees. 1-45 (e) A peace officer of an authority may not engage in a 1-46 strike or organized work stoppage against this state or a political 1-47 subdivision of this state. A peace officer who participates in a 1-48 strike forfeits any civil service rights, reemployment rights, and 1-49 other rights, benefits, or privileges the peace officer may have as 1-50 a result of the person's employment or prior employment with the 1-51 authority. This subsection does not affect the right of a person 1-52 to cease work if the person is not acting in concert with others in 1-53 an organized work stoppage. 1-54 (f) The public employer's chief executive officer or the 1-55 chief executive officer's designee shall select a group of persons 1-56 to represent the public employer as its sole and exclusive 1-57 bargaining agent for issues related to the employment of peace 1-58 officers by the authority. 1-59 Sec. 451.754. RECOGNITION OF PEACE OFFICER ASSOCIATION. 1-60 (a) In an authority that chooses to meet and confer under this 1-61 subchapter, the public employer shall recognize an association 1-62 submitting a petition for recognition signed by a majority of the 1-63 peace officers employed by the authority, excluding the head of the 1-64 peace officer department of the authority and the assistant 2-1 department heads in the rank or classification immediately below 2-2 that of the department head, as the sole and exclusive bargaining 2-3 agent for all of the peace officers employed by the authority, 2-4 excluding the department head and assistant department heads, until 2-5 recognition of the association is withdrawn by a majority of the 2-6 peace officers eligible to sign a petition for recognition. 2-7 (b) Whether an association represents a majority of the 2-8 covered peace officers shall be resolved by a fair election 2-9 conducted according to procedures agreeable to the parties. If the 2-10 parties are unable to agree on election procedures, either party 2-11 may request the American Arbitration Association to conduct the 2-12 election and to certify the results. Certification of the results 2-13 of an election under this subsection resolves the question 2-14 concerning representation. The association is liable for the 2-15 expenses of the election, except that if two or more associations 2-16 seeking recognition as the bargaining agent submit petitions signed 2-17 by a majority of the peace officers eligible to sign the petition, 2-18 the associations shall share equally the costs of the election. 2-19 Sec. 451.755. OPEN RECORDS. (a) A proposed agreement and a 2-20 document prepared and used by the authority in connection with a 2-21 proposed agreement are available to the public under Chapter 552, 2-22 Government Code, only after the agreement is ratified by the 2-23 governing body of the authority. 2-24 (b) This section does not affect the application of 2-25 Subchapter C, Chapter 552, Government Code, to a document prepared 2-26 and used by the authority in connection with the agreement. 2-27 Sec. 451.756. RATIFICATION AND ENFORCEABILITY OF AGREEMENT. 2-28 (a) An agreement under this subchapter is enforceable and binding 2-29 on the public employer, the recognized association, and the peace 2-30 officers covered by the agreement only if: 2-31 (1) the authority's governing body ratified the 2-32 agreement by a majority vote; and 2-33 (2) the recognized association ratified the agreement 2-34 by conducting a secret ballot election at which only the peace 2-35 officers of the authority in the association were eligible to vote, 2-36 and a majority of the votes cast at the election favored ratifying 2-37 the agreement. 2-38 (b) An agreement ratified as described by Subsection (a) may 2-39 establish a procedure by which the parties agree to resolve 2-40 disputes related to a right, duty, or obligation provided by the 2-41 agreement, including binding arbitration on a question involving 2-42 interpretation of the agreement. 2-43 (c) A state district court of a judicial district in which 2-44 the majority of the territory within the corporate limits of the 2-45 principal municipality in the authority is located has jurisdiction 2-46 to hear and resolve a dispute under the ratified agreement on the 2-47 application of a party to the agreement aggrieved by an action or 2-48 omission of the other party when the action or omission is related 2-49 to a right, duty, or obligation provided by the agreement. The 2-50 court may issue proper restraining orders, temporary and permanent 2-51 injunctions, or any other writ, order, or process, including 2-52 contempt orders, that are appropriate to enforcing the agreement. 2-53 Sec. 451.757. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. 2-54 (a) A written agreement ratified under this subchapter preempts, 2-55 during the term of the agreement and to the extent of any conflict, 2-56 all contrary state statutes, local ordinances, executive orders, 2-57 civil service provisions, or rules adopted by the state, by the 2-58 authority or another political subdivision, or by a division or 2-59 agent of the authority or other political subdivision, such as a 2-60 personnel board or a civil service commission. 2-61 (b) An agreement ratified under this subchapter may not 2-62 interfere with the right of a member of a bargaining unit to pursue 2-63 allegations of discrimination based on race, creed, color, national 2-64 origin, religion, age, sex, or disability with the Commission on 2-65 Human Rights or the federal Equal Employment Opportunity Commission 2-66 or to pursue affirmative action litigation. 2-67 Sec. 451.758. ELECTION TO REPEAL AGREEMENT. (a) Not later 2-68 than the 60th day after the date an agreement is ratified by the 2-69 public employer and the association, a petition signed by a number 3-1 of registered voters who reside in the authority service area equal 3-2 to 10 percent of the votes cast at the most recent general election 3-3 in the county in which a majority of the territory within the 3-4 corporate limits of the principal municipality in the authority is 3-5 located may be presented to the county clerk of that county calling 3-6 for the repeal of the agreement. 3-7 (b) If a petition is presented to the county clerk under 3-8 Subsection (a), the authority shall: 3-9 (1) repeal the agreement; or 3-10 (2) certify that it is not repealing the agreement to 3-11 the commissioners court of the county described by Subsection (a), 3-12 which shall then call an election in the county to determine 3-13 whether to repeal the agreement. 3-14 (c) An election called under Subsection (b)(2) may be held 3-15 as part of the next regularly scheduled general election or at a 3-16 special election called by the commissioners court for that 3-17 purpose. The ballot shall be printed to provide for voting for or 3-18 against the proposition: "Repeal the agreement ratified on _____ 3-19 (date agreement was ratified) by the __________ (name of authority) 3-20 and the peace officers employed by the authority concerning wages, 3-21 salaries, rates of pay, hours of work, and other terms of 3-22 employment." 3-23 (d) If a majority of the votes cast at the election favor 3-24 the repeal of the agreement, the agreement is void. 3-25 SECTION 2. This Act takes effect September 1, 2001. 3-26 * * * * *