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A BILL TO BE ENTITLED
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AN ACT
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relating to the right of certain municipalities to maintain local |
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control over wages, hours, and other terms and conditions of |
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employment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 5, Local Government Code, is |
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amended by adding Chapter 149 to read as follows: |
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CHAPTER 149. LOCAL CONTROL OF MUNICIPAL EMPLOYMENT MATTERS IN |
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CERTAIN MUNICIPALITIES |
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Sec. 149.001. APPLICABILITY. (a) This chapter applies |
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only to a municipality with a population of more than one million |
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that has not adopted Chapter 143 or 174. |
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(b) This chapter does not apply to: |
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(1) firefighters or police officers who are covered by |
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Subchapter B of Chapter 142, Subchapter H, I, or J of Chapter 143, |
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or Chapter 174; |
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(2) an employee association in which employees |
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described by Subdivision (1) participate; or |
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(3) employees of a municipally owned utility or other |
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board or political subdivision whose wages, salaries, rates of pay, |
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hours, working conditions, or other terms and conditions of |
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employment are established and governed by an appointed board |
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independent from the municipal governing body. |
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Sec. 149.002. DEFINITIONS. In this chapter: |
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(1) "Covered employee" means an employee of a |
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municipality, other than a department head or managerial employee, |
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a firefighter or police officer who is covered by Subchapter B of |
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Chapter 142, Subchapter H, I, or J of Chapter 143, or Chapter 174, |
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or a peace officer covered by Chapter 142. |
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(2) "Employee association" means an organization in |
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which municipal employees participate, that exists for the purpose, |
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wholly or partly, of dealing with one or more employers, whether |
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public or private, concerning grievances, labor disputes, wages, |
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rates of pay, hours of employment, or conditions of work affecting |
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public employees, and whose members pay dues by means of an |
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automatic payroll deduction. |
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(3) "Managerial employee" means an employee who: |
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(A) is engaged primarily in executive and |
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management functions; and |
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(B) is charged with the responsibility of |
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developing, administering, or effecting management policies. |
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(4) "Public employer" means any municipality or |
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agency, board, commission, or political subdivision controlled by a |
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municipality that is required to establish the wages, salaries, |
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rates of pay, hours, working conditions, and other terms and |
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conditions of employment of public employees. The term may |
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include, under appropriate circumstances, a mayor, manager, |
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administrator of a municipality, municipal governing body, |
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director of personnel, personnel board, or one or more other |
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officials regardless of the name by which they are designated. |
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Sec. 149.003. GENERAL PROVISIONS RELATING TO AGREEMENTS AND |
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RECOGNITION. (a) A municipality may not be denied local control |
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over wages, salaries, rates of pay, hours of work, other terms and |
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conditions of employment, or other state-mandated personnel |
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issues. A public employer may enter into a mutual agreement |
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governing these issues with an employee association recognized |
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under this chapter as the sole and exclusive bargaining agent for |
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all covered employees that does not advocate the illegal right to |
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strike by covered employees. The applicable statutes, local |
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ordinances, and civil service rules govern a term or condition of |
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employment on which the public employer and the association do not |
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agree. |
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(b) An agreement under this chapter must be written. |
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(c) This chapter does not require the public employer and |
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the recognized employee association to meet and confer or reach an |
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agreement on any issue. |
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(d) This chapter does not authorize an agreement regarding |
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pension or pension-related matters governed by statute. |
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Sec. 149.004. PETITION FOR RECOGNITION: ELECTION OR ACTION |
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BY GOVERNING BODY. (a) Not later than the 30th day after the date |
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the governing body of a municipality receives from an employee |
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association a petition signed by the majority of all covered |
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employees that requests recognition of the association as the sole |
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and exclusive bargaining agent for all the covered employees, the |
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governing body shall: |
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(1) grant recognition of the association as requested |
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in the petition and find that a public employer may meet and confer |
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under this chapter without conducting an election by the voters in |
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the municipality under Section 149.006; |
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(2) defer granting recognition of the association and |
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order an election by the voters in the municipality under Section |
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149.006 regarding whether a public employer may meet and confer |
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under this chapter; or |
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(3) order a certification election under Section |
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149.005 to determine whether the association represents a majority |
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of the covered employees. |
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(b) If the governing body of a municipality orders a |
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certification election under Subsection (a)(3) and the association |
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named in the petition is certified to represent a majority of the |
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covered employees, the governing body shall, not later than the |
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30th day after the date that results of that election are certified: |
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(1) grant recognition of the association as requested |
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in the petition for recognition and find that a public employer may |
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meet and confer under this chapter without conducting an election |
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by the voters in the municipality under Section 149.006; or |
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(2) defer granting recognition of the association and |
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order an election by the voters in the municipality under Section |
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149.006 regarding whether a public employer may meet and confer |
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under this chapter. |
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Sec. 149.005. CERTIFICATION ELECTION. (a) Except as |
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provided by Subsection (b), a certification election ordered under |
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Section 149.004(a)(3) to determine whether an employee association |
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represents a majority of the covered employees shall be conducted |
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according to procedures agreeable to the parties. |
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(b) If the parties are unable to agree on procedures for the |
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certification election, either party may request the American |
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Arbitration Association to conduct the election and to certify the |
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results of the election. |
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(c) The results of an election shall be certified if the |
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employee association receives a majority of the valid votes cast in |
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the election. |
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(d) Certification of the results of an election under this |
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section resolves the question concerning representation. |
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(e) The association is liable for the expenses of the |
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certification election, except that if two or more associations |
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seeking recognition as the sole and exclusive bargaining agent |
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submit a petition signed by at least 30 percent of the employees |
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eligible to sign the petition for recognition, all the associations |
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named in any petition shall share equally the costs of the election. |
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Sec. 149.006. ELECTION TO AUTHORIZE OPERATING UNDER THIS |
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CHAPTER. (a) The governing body of a municipality that receives a |
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petition for recognition under Section 149.004 may order an |
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election to determine whether a public employer may meet and confer |
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under this chapter. |
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(b) An election ordered under this section must be held as |
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part of the next regularly scheduled general election for municipal |
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officials that is held after the date the governing body of the |
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municipality orders the election and that allows sufficient time to |
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prepare the ballot in compliance with other requirements of law. |
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(c) The ballot for an election ordered under this section |
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shall be printed to allow voting for or against the proposition: |
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"Authorizing __________ (name of the municipality) to operate under |
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the state law allowing a municipality to meet and confer and make |
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agreements with the association representing covered employees as |
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provided by state law, preserving the prohibition against strikes |
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and organized work stoppages, and providing penalties for strikes |
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and organized work stoppages." |
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(d) An election called under this section must be held and |
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the returns prepared and canvassed in conformity with the Election |
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Code. |
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(e) If an election authorized under this section is held, |
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the municipality may operate under the other provisions of this |
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chapter only if a majority of the votes cast at the election favor |
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the proposition. |
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(f) If an election authorized under this section is held, an |
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association may not submit a petition for recognition to the |
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governing body of the municipality under Section 149.004 before the |
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second anniversary of the date of the election. |
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Sec. 149.007. CHANGE OR MODIFICATION OF RECOGNITION. (a) |
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The covered employees may modify or change the recognition of the |
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employee association granted under this chapter by filing with the |
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governing body of the municipality a petition signed by a majority |
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of all covered employees. |
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(b) The governing body of the municipality may: |
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(1) recognize the change or modification as provided |
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by the petition; or |
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(2) order a certification election in accordance with |
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Section 149.005 regarding whether to do so. |
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Sec. 149.008. STRIKES PROHIBITED. (a) A covered employee |
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may not engage in a strike or organized work stoppage against this |
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state or the municipality. |
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(b) A covered employee who participates in a strike forfeits |
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any civil service rights, reemployment rights, and other rights, |
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benefits, or privileges the employee may have as a result of the |
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employee's employment or prior employment with the municipality. |
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(c) This section does not affect the right of a person to |
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cease work if the person is not acting in concert with others in an |
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organized work stoppage. |
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Sec. 149.009. RECOGNITION OF EMPLOYEE ASSOCIATION. (a) A |
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public employer in a municipality that chooses to meet and confer |
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under this chapter shall recognize an association that is |
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recognized under Section 149.004 or 149.005 as the sole and |
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exclusive bargaining agent for the covered employees. |
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(b) The public employer shall recognize the employee |
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association until recognition of the association is withdrawn, in |
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accordance with Section 149.007, by a majority of the covered |
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employees eligible to sign a petition for recognition. |
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Sec. 149.010. SELECTION OF BARGAINING AGENT; BARGAINING |
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UNIT. (a) The public employer's chief executive officer or the |
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chief executive officer's designee shall select one or more persons |
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to represent the public employer as its sole and exclusive |
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bargaining agent to meet and confer on issues related to the wages, |
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hours of employment, and other terms and conditions of employment |
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of covered employees. |
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(b) An employee association may designate one or more |
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persons to negotiate or bargain on the association's behalf. |
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(c) A municipality's bargaining unit is composed of all the |
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covered employees. |
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Sec. 149.011. PROTECTED RIGHTS OF EMPLOYEES. A meet and |
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confer agreement ratified under this chapter may not interfere with |
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the right of a member of a bargaining unit to pursue allegations of |
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discrimination based on race, creed, color, national origin, |
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religion, age, sex, or disability with the Texas Workforce |
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Commission civil rights division or the federal Equal Employment |
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Opportunity Commission or to pursue affirmative action litigation. |
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Sec. 149.012. OPEN RECORDS. (a) A proposed meet and confer |
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agreement and a document prepared and used by the municipality, |
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including a public employer, in connection with the proposed |
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agreement are available to the public under Chapter 552, Government |
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Code, only after the agreement is ready to be ratified by the |
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governing body of the municipality. |
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(b) This section does not affect the application of |
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Subchapter C, Chapter 552, Government Code, to a document prepared |
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and used in connection with the agreement. |
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Sec. 149.013. OPEN DELIBERATIONS. (a) Deliberations |
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relating to a meet and confer agreement or proposed agreement under |
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this chapter between representatives of the public employer and |
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representatives of the employee association recognized under this |
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chapter as the sole and exclusive bargaining agent for the covered |
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employees must be open to the public and comply with state law. |
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(b) Subsection (a) may not be construed to prohibit the |
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representatives of the public employer or the representatives of |
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the recognized employee association from conducting private |
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caucuses that are not open to the public during meet and confer |
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negotiations. |
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Sec. 149.014. RATIFICATION AND ENFORCEABILITY OF |
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AGREEMENT. (a) An agreement under this chapter is enforceable and |
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binding on the public employer, the recognized employee |
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association, and the employees covered by the meet and confer |
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agreement only if: |
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(1) the governing body of the municipality ratified |
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the agreement by a majority vote; and |
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(2) the recognized employee association ratified the |
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agreement by conducting a secret ballot election at which the |
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majority of the covered employees who are members of the |
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association favored ratifying the agreement. |
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(b) A meet and confer agreement ratified as described by |
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Subsection (a) may establish a procedure by which the parties agree |
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to resolve disputes related to a right, duty, or obligation |
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provided by the agreement, including binding arbitration on a |
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question involving interpretation of the agreement. |
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(c) A state district court of a judicial district in which |
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the municipality is located has jurisdiction to hear and resolve a |
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dispute under the ratified meet and confer agreement on the |
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application of a party to the agreement aggrieved by an action or |
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omission of the other party when the action or omission is related |
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to a right, duty, or obligation provided by the agreement. The |
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court may issue proper restraining orders, temporary and permanent |
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injunctions, or any other writ, order, or process, including |
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contempt orders, that are appropriate to enforcing the agreement. |
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Sec. 149.015. ACTION OR ELECTION TO REPEAL AUTHORIZATION TO |
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OPERATE UNDER THIS CHAPTER. (a) The governing body of a |
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municipality that granted recognition of an employee association |
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under Section 149.004 without conducting an election under Section |
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149.006 may withdraw recognition of the association by providing to |
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the association not less than 90 days' written notice that: |
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(1) the governing body is withdrawing recognition of |
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the association; and |
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(2) any agreement between the governing body and the |
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association will not be renewed. |
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(b) The governing body of a municipality that granted |
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recognition of an employee association after conducting an election |
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under Section 149.006 may order an election to determine whether a |
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public employer may continue to meet and confer under this chapter. |
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The governing body may not order an election under this subsection |
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until the second anniversary of the date of the election under |
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Section 149.006. |
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(c) An election ordered under Subsection (b) must be held as |
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part of the next regularly scheduled general election for municipal |
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officers that occurs after the date the governing body of the |
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municipality orders the election and that allows sufficient time to |
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prepare the ballot in compliance with other requirements of law. |
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(d) The ballot for an election ordered under Subsection (b) |
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shall be printed to allow voting for or against the proposition: |
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"Authorizing __________ (name of the municipality) to continue to |
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operate under the state law allowing a municipality to meet and |
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confer and make agreements with the association representing |
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covered employees as provided by state law, preserving the |
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prohibition against strikes and organized work stoppages, and |
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providing penalties for strikes and organized work stoppages." |
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(e) An election ordered under Subsection (b) must be held |
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and the returns prepared and canvassed in conformity with the |
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Election Code. |
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(f) If an election ordered under Subsection (b) is held, the |
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municipality may continue to operate under this chapter only if a |
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majority of the votes cast at the election favor the proposition. |
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(g) If an election ordered under Subsection (b) is held, an |
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association may not submit a petition for recognition to the |
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governing body of the municipality under Section 149.004 before the |
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second anniversary of the date of the election. |
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Sec. 149.016. ELECTION TO REPEAL AGREEMENT. (a) Not later |
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than the 45th day after the date a meet and confer agreement is |
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ratified by the governing body of the municipality and the |
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recognized employee association, a petition calling for the repeal |
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of the agreement signed by at least 10 percent of the qualified |
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voters residing in the municipality may be presented to the person |
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charged with ordering an election under Section 3.004, Election |
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Code. |
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(b) If a petition is presented under Subsection (a), the |
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governing body of the municipality shall: |
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(1) repeal the meet and confer agreement; or |
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(2) certify that it is not repealing the agreement and |
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call an election to determine whether to repeal the agreement. |
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(c) An election called under Subsection (b)(2) may be held |
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as part of the next regularly scheduled general election for the |
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municipality or at a special election called by the governing body |
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for that purpose. The ballot shall be printed to allow voting for |
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or against the proposition: "Repeal the meet and confer agreement |
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ratified on _____ (date agreement was ratified) by the __________ |
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(name of the governing body of the municipality) and the _____ (name |
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of the recognized employee association) concerning wages, |
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salaries, rates of pay, hours of work, and other terms of |
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employment." |
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(d) If a majority of the votes cast at the election favor the |
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repeal of the agreement, the agreement is void. |
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Sec. 149.017. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. |
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A written meet and confer agreement ratified under this chapter |
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preempts, during the term of the agreement and to the extent of any |
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conflict, all contrary state statutes, local ordinances, executive |
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orders, civil service provisions, or rules adopted by this state or |
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a political subdivision or agent of this state, including a |
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personnel board, civil service commission, or home-rule |
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municipality, other than a statute, ordinance, executive order, |
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civil service provision, or rule regarding pensions or |
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pension-related matters. |
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SECTION 2. This Act takes effect September 1, 2009. |