Bill Text: AZ HB2401 | 2011 | Fiftieth Legislature 1st Regular | Introduced
Bill Title: Employee organizational rights; DPS; corrections
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-01-20 - Referred to House ERA Committee [HB2401 Detail]
Download: Arizona-2011-HB2401-Introduced.html
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REFERENCE TITLE: employee organizational rights; DPS; corrections |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HB 2401 |
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Introduced by Representatives Patterson: Heinz
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AN ACT
amending title 23, chapter 8, article 6, Arizona Revised Statutes, by adding section 23-1412; relating to organizational rights.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 23, chapter 8, article 6, Arizona Revised Statutes, is amended by adding section 23-1412, to read:
23-1412. Department of juvenile corrections; department of public safety; state department of corrections; employee organizations; procedures; terms and conditions of employment; definitions
A. The department is recognized as the sole and exclusive authority pursuant to law with respect to determining the level of and the manner in which the department activities are conducted, managed and administered. It is the exclusive right of the director of the department to establish and maintain departmental rules and procedures for the administration of the department.
B. Department employees or employee organizations shall not engage in a sickout, work slowdown or strike or any other action that will disrupt the delivery of services.
C. This section does not:
1. Affect or limit the existing right of the department to:
(a) Direct the work of department employees.
(b) Hire, promote, demote, transfer, assign and retrain department employees.
(c) Suspend, discharge or discipline department employees.
(d) Maintain the efficiency of governmental operations.
(e) Relieve department employees from job responsibilities due to lack of work or other legitimate reasons.
2. Invalidate or limit other rights, remedies or procedures of this state relating to any issue of employment of department employees.
D. The department shall:
1. Allow department employees the right to form and join employee organizations.
2. Recognize an employee organization that is elected by a majority of votes that are cast by department employees in a representation election.
3. Agree to meet and confer with the elected employee organization regarding hours and terms and conditions of employment. The terms and conditions discussed pursuant to this paragraph shall not include wages.
4. Commit any agreements regarding working conditions and hours to writing in a memorandum of understanding that shall remain in effect for a period of two years.
E. An employee group seeking recognition shall either:
1. Submit to the department director a petition containing signatures of at least thirty per cent of eligible members of the department who are requesting an election.
2. By other means demonstrate to the department director that the employee group seeking recognition has membership of at least thirty per cent.
F. The employee group seeking recognition must be recognized by the state for authorized payroll deduction of membership dues through the department of administration in the department where recognition is being sought.
G. During the existence of a current agreement between the department and an authorized employee group, no other employee group in the department shall take any steps listed in subsection E earlier than one hundred eighty days before the expiration of the current existing agreement.
H. The department of administration shall verify that the employee group seeking recognition has met the requirements of subsection E.
I. On verification that the employee group seeking recognition has met the requirements of subsection E, the department of administration shall appoint a neutral third party to administer the election process and may use federal mediation and conciliation services or another neutral third party. For the purposes of the election:
1. The neutral third party shall set a date for the election within sixty days to determine which, if any, employee organization shall be recognized by the department.
2. The department shall permit elections to be held at work facilities for at least ten hours per day for up to three days to allow eligible employees to participate.
3. The neutral third party shall begin counting ballots immediately after the close of the polls on the last day of the election.
J. The elected employee organization and the department shall meet and confer on a regular basis, at least once every two years, to discuss hours of employment and other conditions of employment of department employees. On the request of the employee organization, the department shall meet and confer with the employee organization in good faith at reasonable times. If the department and the employee organization reach an agreement, the agreement shall be submitted to the governor for consideration pursuant to subsection L.
K. If an agreement is not reached and the possibility of settlement is remote after the parties meet and confer for a reasonable period of time, the department or the employee organization may offer to the other party a written request to begin a mediation process. The mediation process shall be voluntary and nonbinding. The mediation process shall use a neutral third party mediator to assist the parties in reaching a voluntary agreement. During the mediation process, each party shall agree to make a good faith attempt to resolve the issues, to cooperate with the mediator and to be open, candid and complete. The mediator shall only facilitate the meet and confer process and shall not impose any term of the agreement on the parties. If the parties reach an agreement during the mediation process, the agreement shall be submitted to the governor for consideration pursuant to subsection L. If the mediation process does not resolve all disputed issues between the parties, either party may advise the governor of the issues that remain in dispute.
L. The governor shall review any agreement or proposed compromise that is reached under this section. The governor may reject, accept or modify any agreement or compromise after considering the interests of the department employees and the public interest. Any agreement or compromise is subject to all applicable statutory limitations for the department. The final decision by the governor shall be binding.
M. The department shall record the proceedings of each meeting with an employee organization.
N. The department may adopt policies to govern the process established pursuant to this section.
O. For the purposes of this section:
1. "Department" means one of the following, whichever is applicable:
(a) The department of Juvenile corrections for department of juvenile corrections employees.
(b) The department of public safety for department of public safety employees.
(c) The state department of corrections for state department of corrections employees.
2. "Employee organization" means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, training, hours of employment or other conditions of employment.
