BILL ANALYSIS
By: Dukes
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Firefighters and police officers of the City of Austin are currently covered by meet and confer and/or collective bargaining legislation, but there are no provisions covering the employment matters of Austin's other municipal employees.
The proposed complete committee substitute for House Bill No. 2184 would grant public employee associations in a municipality with a population of 650,000 or more that has adopted Chapter 174 and is not covered by Chapter 146 the right to meet and confer with a public employer over issues such as wages, hours, working conditions, and all other terms and conditions of employment, and prohibits strikes and work stoppages by employees who participate in these organizations.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a State officer, institution, department or agency.
SECTION-BY-SECTION ANALYSIS
SECTION 1. Amends Subtitle A, Title 5, Local Government Code, by adding Chapter 147, as follows:
CHAPTER 147. LOCAL CONTROL OF MUNICIPAL EMPLOYMENT MATTERS IN CERTAIN MUNICIPALITIES
Sec. 147.001. APPLICABILITY. (a) Provides that this chapter applies only to a municipality with a population of 1 million or more that has adopted Chapter 174 and is not covered by Chapter 146.
(b) Provides that this chapter does not apply to certain employee associations and firefighters or police officers who are covered by certain chapters.
Sec. 147.002. DEFINITIONS. Defines "covered employee," "employee association," and "public employer."
Sec. 147.003. GENERAL PROVISIONS RELATING TO AGREEMENTS AND RECOGNITION. (a) Prohibits a municipality from being denied local control over the wages, salaries, rates of pay, hours of work, other terms and conditions of employment, or other state-mandated personnel issues. Authorizes a public employer to enter into a mutual agreement governing these issues with an employee association recognized under this chapter as the sole and exclusive bargaining agent for all covered employees that does not advocate the illegal right to strike by municipal employees. Provides that 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) Requires an agreement under this chapter to be written.
(c) Provides that this chapter does not require the public employer and the recognized employee association to meet and confer or reach an agreement on any issue.
(d) Provides that this chapter does not authorize an agreement regarding pension or pension-related matters governed by Chapter 358 (Validation Pension Systems), Acts of the 48th Legislature, Regular Session, 1943 (Article 6243g, Vernon's Texas Civil Statues), or a successor statute.
Sec. 147.004. PETITION FOR RECOGNITION: ELECTION OR ACTION BY GOVERNING BODY. (a) Requires the governing body of a municipality to take certain action, not later than the 30th day after the date the governing body of a municipality receives from an employee association a petition signed by the majority of all covered employees that requests recognition of the association as the sole and exclusive bargaining agent for all the covered employees.
(b) Requires the governing body to take certain actions, if the governing body of a municipality orders a certification election under Subsection (a)(3) and the association named in the petition is certified to represent a majority of the covered employees, not later than the 30th day after the date that results of that election.
Sec. 147.005. CERTIFICATION ELECTION. (a) Requires a certification election ordered under Section 147.004(a)(3) to determine whether an employee association represents a majority of the covered employees to be conducted according to procedures agreeable to the parties, except as provided by Subsection (b).
(b) Authorizes either party, if the parties are unable to agree on procedures for the certification election, to request the American Arbitration Association to conduct the election and to certify the results of the election.
(c) Provides that the results shall be certified if the employee association receives a majority of the valid votes cast in the election.
(d) Provides that certification of the results of an election under this section resolves the question concerning representation.
(e) Provides that the association is liable for the expenses of the certification election, except that if two or more associations seeking recognition as the sole and exclusive bargaining agent submit a petition signed by at least 30 percent of the employees eligible to sign the petition for recognition, all the associations named in any petition shall share equally the costs of the election.
Sec. 147.006. ELECTION TO AUTHORIZE OPERATING UNDER THIS CHAPTER. (a) Provides that the governing body of a municipality that receives a petition for recognition under Section 147.004 may order an election to determine whether a public employer may meet and confer under this chapter.
(b) Requires an election ordered under this section to be held as part of the next regularly scheduled general election for municipal officials that is held after the date the governing body of the municipality orders the election and that allows sufficient time to prepare the ballot in compliance with other requirements of law.
(c) Requires the ballot for an election ordered under this section to be printed to permit voting for or against the proposition and contain specific text.
(d) Requires an election called under this section to be held and the returns prepared and canvassed in conformity with the Election Code.
(e) Authorizes the municipality, if an election authorized under this section is held, to operate under the other provisions of this chapter only if a majority of the votes cast at the election favor the proposition.
(f) Prohibits an association, if an election authorized under this section is held, from submitting a petition for recognition to the governing body of the municipality under Section 147.004 before the second anniversary of the date of the election.
Sec. 147.007. CHANGE OR MODIFICATION OF RECOGNITION. (a) Authorizes the municipal employees to modify or change the recognition of the employee association granted under this chapter by filing with the governing body of the municipality a petition signed by a majority of all covered employees.
(b) Authorizes the governing body of the municipality to make certain recognitions and orders.
Sec. 147.008. STRIKES PROHIBITED. (a) Prohibits a municipal employee from engaging in a strike or organized work stoppage against this state or the municipality.
(b) Provides that a municipal employee who participates in a strike forfeits any civil service rights, reemployment rights, and other rights, benefits, or privileges the employee may have as a result of the employee's employment or prior employment with the municipality.
(c) Provides that this section does not affect the right of a person to cease work if the person is not acting in concert with others in an organized work stoppage.
Sec. 147.009. RECOGNITION OF EMPLOYEE ASSOCIATION. (a) Requires a public employer in a municipality that chooses to meet and confer under this chapter to recognize an association that is recognized under Section 147.004 or 147.005 as the sole and exclusive bargaining agent for the covered employees.
(b) Requires the public employer shall recognize the employee association until recognition of the association is withdrawn, in accordance with Section 147.007, by a majority of the municipal employees eligible to sign a petition for recognition.
Sec. 147.010. SELECTION OF BARGAINING AGENT; BARGAINING UNIT. (a) Requires the public employer's chief executive officer or the chief executive officer's designee to select one or more persons to represent the public employer as its sole and exclusive bargaining agent to meet and confer on issues related to the wages, hours of employment, and other terms and conditions of employment of municipal employees.
(b) Authorizes an employee association to designate one or more persons to negotiate or bargain on the association's behalf.
(c) Provides that a municipality's bargaining unit is composed of all the covered employees.
Sec. 147.011. PROTECTED RIGHTS OF EMPLOYEES. Prohibits a meet and confer agreement ratified under this chapter from interfering with the right of a member of a bargaining unit to pursue allegations of discrimination based on race, creed, color, national origin, religion, age, sex, or disability with the Texas Workforce Commission civil rights division or the federal Equal Employment Opportunity Commission or to pursue affirmative action litigation.
Sec. 147.012. OPEN RECORDS. (a) Provides that a proposed meet and confer agreement and a document prepared and used by the municipality, including a public employer, in connection with the proposed agreement are available to the public under Chapter 552 (Public Information), Government Code, only after the agreement is ready to be ratified by the governing body of the municipality.
(b) Provides that this section does not affect the application of Subchapter C, Chapter 552, Government Code, to a document prepared and used in connection with the agreement.
Sec. 147.013. OPEN DELIBERATIONS. (a) Requires deliberations relating to a meet and confer agreement or proposed agreement under this chapter between representatives of the public employer and representatives of the employee association recognized under this chapter as the sole and exclusive bargaining agent for the covered employees to be open to the public and comply with state law.
(b) Prohibits Subsection (a) from being construed to prohibit the representatives of the public employer or the representatives of the recognized employee association from conducting private caucuses that are not open to the public during meet and confer negotiations.
Sec. 147.014. RATIFICATION AND ENFORCEABILITY OF AGREEMENT. (a) Provides that an agreement under this chapter is enforceable and binding on the public employer, the recognized employee association, and the employees covered by the meet and confer agreement only if certain actions were taken.
(b) Authorizes a meet and confer agreement ratified as described by Subsection (a) to 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 a question involving interpretation of the agreement.
(c) Provides that a state district court of a judicial district in which the municipality is located has jurisdiction to hear and resolve a dispute under the ratified meet and confer agreement on the application of a party to the agreement aggrieved by an action or omission of the other party when the action or omission is related to a right, duty, or obligation provided by the agreement. Authorizes the court to issue proper restraining orders, temporary and permanent injunctions, or any other writ, order, or process, including contempt orders, that are appropriate to enforcing the agreement.
Sec. 147.015. ACTION OR ELECTION TO REPEAL AUTHORIZATION TO OPERATE UNDER THIS CHAPTER. (a) Authorizes the governing body of a municipality that granted recognition of an employee association under Section 147.004 without conducting an election under Section 147.006 to withdraw recognition of the association by providing to the association not less than 90 days' written notice that certain actions have been taken.
(b) Authorizes the governing body of a municipality that granted recognition of an employee association after conducting an election under Section 147.006 to order an election to determine whether a public employer may continue to meet and confer under this chapter. Prohibits the governing body from ordering an election under this subsection until the second anniversary of the date of the election under Section 147.006.
(c) Requires an election ordered under Subsection (b) to be held as part of the next regularly scheduled general election for municipal officers that occurs after the date the governing body of the municipality orders the election and that allows sufficient time to prepare the ballot in compliance with other requirements of law.
(d) Requires the ballot for an election ordered under Subsection (b) to be printed to allow voting for or against the proposition and contain specific text.
(e) Requires an election ordered under Subsection (b) to be held and the returns prepared and canvassed in conformity with the Election Code.
(f) Authorizes the municipality, if an election ordered under Subsection (b) is held, to continue to operate under this chapter only if a majority of the votes cast at the election favor the proposition.
(g) Prohibits an association, if an election ordered under Subsection (b) is held, from submitting a petition for recognition to the governing body of the municipality under Section 147.004 before the second anniversary of the date of the election.
Sec. 147.016. ELECTION TO REPEAL AGREEMENT. (a) Authorizes a petition calling for the repeal of the agreement signed by at least 10 percent of the qualified voters residing in the municipality to be presented to the person charged with ordering an election under Section 3.004 (Election of Political Subdivision), Election Code, not later than the 45th day after the date a meet and confer agreement is ratified by the governing body of the municipality and the recognized employee association.
(b) Requires the governing body of the municipality to take certain action, if a petition is presented under Subsection (a).
(c) Authorizes an election called under Subsection (b)(2) to be held as part of the next regularly scheduled general election for the municipality or a special election called by the governing body for that purpose. Requires the ballot to be printed to provide for voting for or against the proposition and to contain specific text.
(d) Provides that if a majority of the votes cast at the election favor the repeal of the agreement, the agreement is void.
Sec. 147.017. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. Provides that a written meet and confer agreement ratified under this chapter preempts, during the term of the agreement and to the extent of any conflict, all contrary state statutes, local ordinances, executive orders, civil service provisions, or rules adopted by this state or a political subdivision or agent of this state, including a personnel board, civil service commission, or home-rule municipality, other than a statute, ordinance, executive order, civil service provision, or rule regarding pensions or pension-related matters.
SECTION 2. Effective date: September 1, 2007.
EFFECTIVE DATE
September 1, 2007
COMPARISON OF ORIGINAL TO SUBSTITUTE
The proposed complete committee substitute for House Bill No. 2184 alters the application of the chapter to make certain that the chapter only applies to the City of Austin by revising Sec. 147.001.