By: Barrientos S.B. No. 706
A BILL TO BE ENTITLED
AN ACT
relating to the conditions of employment for emergency medical
services personnel employed by certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 142, Local Government Code, is amended
by designating Sections 142.001 through 142.013 as Subchapter A and
adding a heading for Subchapter A to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
SECTION 2. Chapter 142, Local Government Code, is amended
by adding Subchapter B to read as follows:
SUBCHAPTER B. LOCAL CONTROL OF EMERGENCY MEDICAL SERVICES
PERSONNEL EMPLOYMENT MATTERS IN CERTAIN MUNICIPALITIES
Sec. 142.051. APPLICABILITY. This subchapter applies only
to a municipality:
(1) with a population of 460,000 or more that operates
under a city manager form of government; and
(2) that employs emergency medical services personnel
in a municipal department other than the fire department.
Sec. 142.052. DEFINITIONS. In this subchapter:
(1) "Association" means an organization in which
emergency medical services personnel participate and that exists
for the purpose, in whole or in part, of dealing with one or more
public or private employers concerning grievances, labor disputes,
wages, rates of pay, hours of employment, or conditions of
employment affecting public employees.
(2) "Emergency medical services personnel" has the
meaning assigned by Section 773.003, Health and Safety Code. The
term applies only to an individual certified under Chapter 773,
Health and Safety Code.
(3) "Public employer" means a municipality or an
agency, board, commission, or political subdivision controlled by a
municipality that is required to establish the wages, salaries,
rates of pay, hours of employment, working conditions, and other
terms and conditions of employment of public employees. The term,
under appropriate circumstances, may include a mayor, manager,
municipal administrator, municipal governing body, director of
personnel, personnel board, or one or more other officials,
regardless of the name by which an official is designated.
Sec. 142.053. PETITION FOR RECOGNITION: ELECTION OR ACTION
BY GOVERNING BODY. (a) Not later than the 30th day after the date
the governing body of a municipality receives from an association a
petition signed by the majority of all emergency medical services
personnel, excluding the head of the emergency medical services
department for the municipality and the other employees excluded
under Section 142.058, that requests recognition of the association
as the sole and exclusive bargaining agent for all the emergency
medical services personnel employed by the municipality other than
the excluded employees, the governing body may:
(1) conditionally recognize the association and order
an election by the voters in the municipality under Section 142.055
regarding whether a public employer may meet and confer under this
subchapter; or
(2) if more than one association submits a valid
petition for recognition, order a certification election under
Section 142.054 to determine whether the association represents a
majority of the affected emergency medical services personnel.
(b) If the governing body of a municipality orders a
certification election under Subsection (a)(2) and the association
named in the petition is certified to represent a majority of the
affected emergency medical services personnel, the governing body
may, not later than the 30th day after the date that results of that
election are certified, order an election by the voters in the
municipality under Section 142.055 regarding whether a public
employer may meet and confer under this subchapter.
Sec. 142.054. CERTIFICATION ELECTION. (a) Except as
provided by Subsection (b), a certification election ordered under
Section 142.053(a)(2) to determine whether an association
represents a majority of the covered emergency medical services
personnel shall be conducted according to procedures agreeable to
the parties.
(b) If the parties are unable to agree on procedures for the
certification election, either party may request the American
Arbitration Association to conduct the election and to certify the
results of the election.
(c) Certification of the results of an election under this
section resolves the question concerning representation.
(d) Each association named in the valid petitions shall
share equally the costs of the election.
Sec. 142.055. ELECTION TO AUTHORIZE OPERATING UNDER THIS
SUBCHAPTER. (a) The governing body of a municipality that
receives a petition for recognition under Section 142.053 may order
an election to determine whether a public employer may meet and
confer under this subchapter.
(b) An election ordered under this section must be held on
the first authorized uniform election date prescribed by Chapter
41, Election Code, that occurs after the date the governing body of
the municipality orders the election and that allows sufficient
time to comply with other requirements of law.
(c) The ballot for an election ordered under this section
shall be printed to allow voting for or against the proposition:
"Authorizing __________ (name of the municipality) to operate under
the state law allowing a municipality to meet and confer and make
agreements with the association representing municipal emergency
medical services personnel as provided by state law, preserving the
prohibition against strikes and organized work stoppages, and
providing penalties for strikes and organized work stoppages."
(d) An election called under this section must be held and
the returns prepared and canvassed in conformity with the Election
Code.
(e) The municipality may operate under the other provisions
of this subchapter only if a majority of the votes cast at the
election favor the proposition.
(f) If an election authorized under this section is held, an
association may not submit a petition for recognition to the
governing body of the municipality under Section 142.053 before the
first anniversary of the date of the election.
Sec. 142.056. GENERAL PROVISIONS RELATING TO AGREEMENTS.
(a) A municipality authorized to operate under this subchapter may
not be denied local control over wages, salaries, rates of pay,
hours of employment, other terms and conditions of employment, or
other personnel issues on which the public employer and an
association that is recognized as the sole and exclusive bargaining
agent under Section 142.053(a)(1) or 142.054 for all covered
emergency medical services personnel in the municipality agree.
The applicable statutes, local ordinances, and civil service rules
govern a term or condition of employment on which the public
employer and the association do not agree.
(b) An agreement under this subchapter must be written.
(c) This subchapter does not require the public employer and
an association to meet and confer or reach an agreement on any
issue.
Sec. 142.057. STRIKES PROHIBITED. (a) A public employer
and an association recognized as the sole and exclusive bargaining
agent under Section 142.053(a)(1) or 142.054 may meet and confer
only if the association does not advocate the illegal right to
strike by public employees.
(b) Emergency medical services personnel of a municipality
may not engage in a strike or organized work stoppage against this
state or a political subdivision of this state.
(c) Emergency medical services personnel who participate in
a strike forfeit all civil service rights, reemployment rights, and
other rights, benefits, or privileges enjoyed as a result of
employment or previous employment with the municipality.
(d) This section does not affect the right of a person to
cease employment if the person is not acting in concert with other
emergency medical services personnel.
Sec. 142.058. WITHDRAWAL OF RECOGNITION OF EMERGENCY
MEDICAL SERVICES PERSONNEL ASSOCIATION. A public employer in a
municipality that chooses to meet and confer under this subchapter
shall recognize an association that is recognized under Section
142.053(a)(1) or 142.054 by a majority of the paid emergency
medical services personnel in the municipality, excluding the head
of the emergency medical services department and assistant
department heads in the rank or classification immediately below
that of the department head, as the sole and exclusive bargaining
agent for all of the covered emergency medical services personnel
until recognition of the association is withdrawn by a majority of
the covered emergency medical services personnel.
Sec. 142.059. SELECTION OF BARGAINING AGENTS. The public
employer's manager or chief executive, as appropriate, and the head
of the emergency medical services department shall designate a
group of persons to represent the public employer as its sole and
exclusive bargaining agent.
Sec. 142.060. OPEN RECORDS REQUIRED. (a) A proposed
agreement and any document prepared and used by the municipality in
connection with a proposed agreement are available to the public
under the public information law, Chapter 552, Government Code,
only after the agreement is ratified by the municipality's
governing body.
(b) This section does not affect the application of
Subchapter C, Chapter 552, Government Code, to a document prepared
and used by the municipality in connection with the agreement.
Sec. 142.061. RATIFICATION AND ENFORCEABILITY OF
AGREEMENT. (a) An agreement made under this subchapter between a
public employer and an association is binding on the public
employer, the association, and the emergency medical services
personnel covered by the agreement if:
(1) the municipality's governing body ratifies the
agreement by a majority vote; and
(2) the association recognized under Section
142.053(a)(1) or 142.054 ratifies the agreement by a majority vote
of its members voting in an election by secret ballot at which only
members of the association who are eligible to sign a petition under
Section 142.053 may vote.
(b) An agreement ratified as described by Subsection (a) may
establish a procedure by which the parties agree to resolve
disputes related to a right, duty, or obligation provided by the
agreement, including binding arbitration on interpretation of the
agreement.
(c) The state district court of the judicial district in
which the municipality is located has jurisdiction to hear and
resolve a dispute under the ratified agreement on the application
of a party to the agreement aggrieved by an act or omission of the
other party. The court may issue proper restraining orders,
temporary and permanent injunctions, or any other writ, order, or
process, including a contempt order, that is appropriate to enforce
the agreement.
Sec. 142.062. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
(a) An agreement under this subchapter supersedes a previous
statute concerning wages, salaries, rates of pay, hours of
employment, or other terms and conditions of employment to the
extent of any conflict with the statute.
(b) An agreement under this subchapter preempts any
contrary executive order, local ordinance, or rule adopted by this
state or a political subdivision or agent of this state, including a
personnel board, a civil service commission, or a municipality.
(c) An agreement under this subchapter may not diminish or
qualify any right, benefit, or privilege of an employee under this
chapter or other law unless approved by a majority vote by secret
ballot of the members of the association recognized under Section
142.053(a)(1) or 142.054 at which only members of the association
who are eligible to sign a petition under Section 142.053 may vote.
Sec. 142.063. REPEAL OF AGREEMENT BY ELECTORATE. (a) Not
later than the 45th day after the date an agreement is ratified by
both the municipality and the association, a petition signed by at
least 10 percent of the qualified voters of the municipality may be
presented to the municipal secretary calling for an election to
repeal the agreement.
(b) On receipt by the municipal secretary of a petition
described by Subsection (a), the governing body of the municipality
shall reconsider the agreement and either repeal the agreement or
call an election of the qualified voters of the municipality to
determine if the voters favor repealing the agreement. The
election shall be called for the next election held in the
municipality that allows sufficient time to comply with applicable
provisions of law or at a special election called by the governing
body for that purpose.
(c) If at the election a majority of the votes cast favor
repeal of the adoption of the agreement, the agreement is void.
(d) The ballot for an election under this section shall be
printed to permit voting for or against the proposition: "Repeal of
the adoption of the agreement ratified by the municipality and the
emergency medical services personnel association concerning wages,
salaries, rates of pay, hours of employment, and other terms and
conditions of employment."
Sec. 142.064. PROTECTED RIGHTS OF INDIVIDUAL EMPLOYEES.
(a) For the purpose of any disciplinary appeal, a member of the
association may choose to be represented by any person of the
member's choice or by the association.
(b) An agreement may not interfere with the right of a
member of the association to pursue allegations of discrimination
based on race, creed, color, national origin, religion, age, sex,
or disability with the civil rights division of the Texas Workforce
Commission or the federal Equal Employment Opportunity Commission
or to pursue affirmative action litigation.
Sec. 142.065. BINDING INTEREST ARBITRATION. (a) A
municipality may be required to submit to binding interest
arbitration only if approved by a majority of those voting in a
public referendum conducted in accordance with the municipality's
charter.
(b) Subsection (a) does not affect any disciplinary
arbitration or arbitration provision in a ratified agreement.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.