By: Frost H.B. No. 3605

A BILL TO BE ENTITLED

AN ACT

relating to certain personnel policies of the Texas Department of Criminal Justice.

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

SECTION 1. Chapter 493, Government Code, is amended by adding Section 493.026, to read as follows:

Sec. 493.026. GRIEVANCE PROCEDURE. (a) In this section, "employment-related grievance" means an employment-related issue, in regard to which an employee wishes to express dissatisfaction, and includes issues relating to:

(1) promotions;

(2) leave requests;

(3) performance evaluations;

(4) transfers;

(5) benefits;

(6) working environment;

(7) shift or duty assignments;

(8) harassment;

(9) retaliation;

(10) disciplinary actions, including discharge, suspension, or demotion;

(11) relationships with supervisors or other employees; and

(12) any other issue which the board determines may be the subject of a grievance procedure.

(b) The board shall establish procedures and practices through which the department will address employment-related grievances. The board shall adopt:

(1) a form on which an employee may state an employment-related grievance and request a specific corrective action;

(2) reasonable time limits for an employee to submit an employment-related grievance, and any subsequent appeals, and for management to respond to a grievance or appeal;

(3) a three-step process by which an employee's employment-related grievance is submitted to the district supervisor, with a subsequent appeal submitted to a higher level in the chain of command, on completion of which the employee may choose to submit the grievance to binding arbitration with an impartial third party; and

(4) a program to advertise and explain the grievance procedure to all employees.

(c) If a party to the employment-related grievance fails to comply with the time limits adopted under Subsection (b)(2), the party may not prevail in the grievance action.

(d) An employee may be represented by a person selected by the employee to participate in the employment-related grievance process on behalf of the employee. Any grievance proceeding in which a department employee serves as a representative shall be held during the normal business hours of the department, unless the employee and the department agree otherwise. Attending a grievance proceeding as a party to the proceeding or as a representative of a party is part of an employee's regular employment duties.

(e) Subject to the approval of the employee in the employment-related grievance action, the department and the employee may enter into binding arbitration on the action. To facilitate arbitration, the department may:

(1) with the approval of the employee, appoint a governmental officer or employee, or a private individual, to serve as an impartial third party in a binding arbitration; or

(2) obtain the services of an impartial third party through:

(A) an agreement with the Center for Public Policy Dispute Resolution of The University of Texas School of Law;

(B) an alternative dispute resolution system created under Chapter 152, Civil Practices and Remedies Code;

(C) another governmental body or a federal agency; or

(D) an agreement with the State Office of Administrative Hearings.

(f) The grievance action is confidential, except to the extent that Chapter 552 applies.

(g) The department may not retaliate against an employee who files an employment-related grievance.

(h) The department shall submit annually to the board a report on the department's use of the employment-related grievance process. The report shall include:

(1) the number of grievances filed;

(2) a brief description of each grievance filed; and

(3) the final disposition of each grievance.

SECTION 2. This Act takes effect September 1, 2009.