80R8179 KSD-D

By: Herrero H.B. No. 3081

A BILL TO BE ENTITLED

AN ACT

relating to the right of certain municipalities to maintain local control over wages, hours, and other terms and conditions of employment.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Chapter 146, Local Government Code, is amended to read as follows:

CHAPTER 146. LOCAL CONTROL OF MUNICIPAL EMPLOYMENT MATTERS IN

[CERTAIN] MUNICIPALITIES WITH A POPULATION OF 1.5 MILLION OR MORE

SECTION 2. Subtitle A, Title 5, Local Government Code, is amended by adding Chapter 147 to read as follows: CHAPTER 147. LOCAL CONTROL OF MUNICIPAL EMPLOYMENT MATTERS IN CERTAIN MUNICIPALITIES

Sec. 147.001. APPLICABILITY. This chapter does not apply to:

(1) firefighters or police officers who are covered by Subchapter H, I, or J of Chapter 143 or by Chapter 174;

(2) an employee association in which employees described by Subdivision (1) participate; or

(3) a municipality covered by Chapter 146.

Sec. 147.002. DEFINITIONS. In this chapter:

(1) "Bargaining unit" means any group of employees designated by the municipality for negotiations between a recognized employee association and the public employer.

(2) "Employee association" means an organization in which municipal employees participate and that exists for the purpose, wholly or partly, of dealing with one or more employers, whether public or private, concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work affecting public employees.

(3) "Public employer" means any municipality or agency, board, commission, or political subdivision controlled by a municipality that is required to establish the wages, salaries, rates of pay, hours, working conditions, other terms and conditions of employment, and affirmative action programs of public employees. The term may include, under appropriate circumstances, a mayor, manager, administrator of a municipality, municipal governing body, director of personnel, personnel board, or one or more other officials regardless of the name by which they are designated.

Sec. 147.003. GENERAL PROVISIONS RELATING TO AGREEMENTS AND RECOGNITION. (a) A municipality may not be denied local control over the wages, salaries, rates of pay, hours of work, other terms and conditions of employment, affirmative action programs, or other state-mandated personnel issues. A public employer may enter into a mutual written agreement governing these issues with an employee association that does not advocate the illegal right to strike by municipal employees.

(b) A municipality may recognize an employee association that does not advocate the illegal right to strike by municipal employees as the negotiating agent for any group of municipal employees so requesting that representation under this chapter.

Sec. 147.004. STRIKES PROHIBITED. (a) Employees of a municipality may not engage in strikes or organized work stoppages against the state or a municipality of the state.

(b) An employee who participates in a strike forfeits all civil service rights, reemployment rights, and any other rights, benefits, or privileges the employee enjoys as a result of employment or prior employment, except that the right of an individual to cease work may not be abridged if the individual is not acting in concert with others in an organized work stoppage.

Sec. 147.005. RECOGNITION OF EMPLOYEE ASSOCIATION. (a) A public employer may recognize an employee association as the sole and exclusive negotiating agent for a bargaining unit, regardless of whether the public employer has recognized the employee association under Subsection (b).

(b) An employee association selected by a petition signed by a majority of the employees of the municipality, excluding department directors, may be recognized by the public employer as the sole and exclusive negotiating agent for all of the covered employees unless and until recognition of the association is withdrawn by a majority of those employees.

Sec. 147.006. ELECTION. (a) In the event of a question about whether an employee association is the majority representative of the covered employees, the question shall be resolved by a fair election conducted according to procedures agreeable to the parties.

(b) If the parties are unable to agree on the procedures, a party may request the American Arbitration Association to conduct the elections and to certify the results. Certification of the results of an election resolves the question concerning representation.

(c) The employee association is liable for the expenses of the election, except that if two or more associations seeking recognition as the negotiating agent submit petitions signed by a majority of the covered employees, the associations shall share equally the costs of the election.

Sec. 147.007. OPEN MEETINGS REQUIRED. All meetings relating to an agreement between an employee association and a public employer shall be open to the public as required by Chapter 551, Government Code.

Sec. 147.008. ENFORCEABILITY OF AGREEMENT. (a) A written agreement made under this chapter between a public employer and an employee association is enforceable and binding on the public employer, the employee association, and the public employees covered by the agreement if:

(1) the governing body of the municipality ratifies the agreement by majority vote; and

(2) the employee association ratifies the agreement by a majority vote of the members of the bargaining unit by secret ballot.

(b) The state district court of the judicial district in which the municipality is located has jurisdiction over the application of either party aggrieved by an action or omission of the other party if the action or omission relates to the rights, duties, or obligations provided by this chapter. The court may issue proper restraining orders, temporary and permanent injunctions, and any other writs, orders, or processes, including contempt orders, that are appropriate to enforcing this chapter.

Sec. 147.009. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. (a) A written agreement under this chapter between a public employer and an employee association supersedes a previous statute concerning wages, salaries, rates of pay, hours of work, and other terms and conditions of employment to the extent of any conflict with the previous statute.

(b) A written agreement under this chapter preempts all contrary local ordinances, executive orders, legislation, or rules adopted by this state or a political subdivision or agent of this state such as a personnel board, a civil service commission, or a home-rule municipality.

SECTION 3. This Act takes effect September 1, 2007.