Bill Text: TX HB2869 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to binding interest arbitration for fire fighters in certain political subdivisions.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2021-05-04 - Committee report sent to Calendars [HB2869 Detail]
Download: Texas-2021-HB2869-Comm_Sub.html
87R18757 MP-F | |||
By: Longoria, Perez, Martinez, Patterson | H.B. No. 2869 | ||
Substitute the following for H.B. No. 2869: | |||
By: Bernal | C.S.H.B. No. 2869 |
|
||
|
||
relating to binding interest arbitration for fire fighters in | ||
certain political subdivisions. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 174.022(b), Local Government Code, is | ||
amended to read as follows: | ||
(b) If an arbitration award is rendered as provided by | ||
Subchapter E or Subchapter H, the public employer involved is | ||
considered to be in compliance with the requirements of Section | ||
174.021 as to the conditions of employment provided by the award for | ||
the duration of the collective bargaining period to which the award | ||
applies. | ||
SECTION 2. Chapter 174, Local Government Code, is amended | ||
by adding Subchapter D-1, and a heading is added to that subchapter | ||
to read as follows: | ||
SUBCHAPTER D-1. MEDIATION | ||
SECTION 3. Section 174.151, Local Government Code, is | ||
transferred to Subchapter D-1, Chapter 174, Local Government Code, | ||
as added by this Act, and redesignated as Section 174.131, Local | ||
Government Code, to read as follows: | ||
Sec. 174.131 [ |
||
and an association that is a bargaining agent may use mediation to | ||
assist them in reaching an agreement. | ||
(b) If a mediator is used, then a mediator may be appointed | ||
by agreement of the parties or by an appropriate state agency. | ||
(c) A mediator may: | ||
(1) hold separate or joint conferences as the mediator | ||
considers expedient to settle issues voluntarily, amicably, and | ||
expeditiously; and | ||
(2) notwithstanding Subsection (d), recommend or | ||
suggest to the parties any proposal or procedure that in the | ||
mediator's judgment might lead to settlement. | ||
(d) A mediator may not: | ||
(1) make a public recommendation on any negotiation | ||
issue in connection with the mediator's service; or | ||
(2) make a public statement or report that evaluates | ||
the relative merits of the parties' positions. | ||
SECTION 4. The heading to Subchapter E, Chapter 174, Local | ||
Government Code, is amended to read as follows: | ||
SUBCHAPTER E. POLICE OFFICER [ |
||
SECTION 5. Subchapter E, Chapter 174, Local Government | ||
Code, is amended by adding Section 174.1511 to read as follows: | ||
Sec. 174.1511. APPLICABILITY. This subchapter applies to | ||
arbitration between a public employer and an association that is a | ||
bargaining agent for the police officers of a political | ||
subdivision's police department. | ||
SECTION 6. Section 174.154(b), Local Government Code, is | ||
amended to read as follows: | ||
(b) Not later than the 10th day after the date an agreement | ||
to arbitrate is executed, the arbitrators named under Subsection | ||
(a) shall attempt to select a third (neutral) arbitrator. If the | ||
arbitrators are unable to agree on a third arbitrator, either party | ||
may request the American Arbitration Association to select the | ||
third arbitrator, and the American Arbitration Association may | ||
appoint the third arbitrator according to its fair and regular | ||
procedures. Unless both parties consent, the third arbitrator may | ||
not be the same individual who served as a mediator under Section | ||
174.131 [ |
||
SECTION 7. Section 174.156(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) The issues to be arbitrated are all matters the parties | ||
are unable to resolve through collective bargaining and mediation | ||
procedures required by Subchapters D and D-1 [ |
||
SECTION 8. Section 174.163, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 174.163. COMPULSORY ARBITRATION NOT REQUIRED. This | ||
subchapter [ |
||
SECTION 9. Section 174.164(b), Local Government Code, is | ||
amended to read as follows: | ||
(b) The compensation, if any, of an arbitrator selected by | ||
[ |
||
association representing the employees. | ||
SECTION 10. Chapter 174, Local Government Code, is amended | ||
by adding Subchapter H to read as follows: | ||
SUBCHAPTER H. FIRE FIGHTER BINDING INTEREST ARBITRATION | ||
Sec. 174.301. APPLICABILITY. This subchapter applies to | ||
arbitration between a public employer and an association that is a | ||
bargaining agent for the fire fighters of a political subdivision's | ||
fire department. | ||
Sec. 174.302. IMPASSE. (a) For purposes of this | ||
subchapter, an impasse in the collective bargaining process is | ||
considered to have occurred if the parties do not settle in writing | ||
each issue in dispute before the 61st day after the date on which | ||
the collective bargaining process begins. | ||
(b) The period specified in Subsection (a) may be extended | ||
by written agreement of the parties. An extension must be for a | ||
definite period not to exceed 15 days. | ||
Sec. 174.303. BINDING INTEREST ARBITRATION. (a) A public | ||
employer and an association that is a bargaining agent shall submit | ||
to binding interest arbitration if the parties: | ||
(1) reach an impasse in collective bargaining; or | ||
(2) are unable to settle after the 61st day after the | ||
date the appropriate lawmaking body fails to approve a contract | ||
reached through collective bargaining. | ||
(b) Each party shall send to the other party a written | ||
notice specifying each issue in dispute for purposes of binding | ||
interest arbitration not later than the fifth day after: | ||
(1) the date an impasse was reached under Section | ||
174.302; | ||
(2) the expiration of an extension period under | ||
Section 174.302; or | ||
(3) the expiration of the period described by | ||
Subsection (a)(2). | ||
(c) A notice under Subsection (b) is considered sent on the | ||
date the notice is placed in the mail, personally delivered, or | ||
transmitted by e-mail or any other means of electronic transfer. | ||
Sec. 174.304. SELECTION OF ARBITRATOR. Not later than the | ||
fifth day after the date a party sends the notice required under | ||
Section 174.303, the public employer shall immediately request a | ||
list of seven qualified neutral arbitrators from the American | ||
Arbitration Association or the Federal Mediation and Conciliation | ||
Service, or a successor in function. The bargaining agent and the | ||
municipality, or their designees, may agree on one of the seven | ||
arbitrators on the list. If the parties do not select an arbitrator | ||
before the sixth working day after the date the parties received the | ||
list, each party or the party's designee shall alternate striking a | ||
name from the list and the name remaining is the arbitrator. | ||
Sec. 174.305. ARBITRATION HEARING. (a) The arbitrator | ||
shall: | ||
(1) call a hearing to be held not later than the 10th | ||
day after the date on which the arbitrator is selected; and | ||
(2) notify the public employer and the association in | ||
writing of the time and place of the hearing, not later than the | ||
eighth day before the hearing. | ||
(b) An arbitration hearing shall end not later than the 20th | ||
day after the date the hearing begins. | ||
(c) An arbitration hearing shall be informal. | ||
Sec. 174.306. SCOPE OF ARBITRATION. (a) The issues to be | ||
arbitrated are all matters the parties are unable to resolve | ||
through collective bargaining and mediation procedures required by | ||
Subchapters D and D-1. | ||
(b) The arbitrator shall render an award in accordance with | ||
the requirements of Section 174.021. In settling disputes relating | ||
to compensation, hours, and other conditions of employment, the | ||
arbitrator shall consider: | ||
(1) hazards of employment; | ||
(2) physical qualifications; | ||
(3) educational qualifications; | ||
(4) mental qualifications; | ||
(5) job training; | ||
(6) skills; and | ||
(7) other factors. | ||
Sec. 174.307. EVIDENCE; OATH; SUBPOENA. (a) The rules of | ||
evidence applicable to judicial proceedings are not binding in an | ||
arbitration hearing. | ||
(b) An arbitrator may: | ||
(1) receive in evidence any documentary evidence or | ||
other information the arbitrator considers relevant; | ||
(2) administer oaths; and | ||
(3) issue subpoenas to require: | ||
(A) the attendance and testimony of witnesses; | ||
and | ||
(B) the production of books, records, and other | ||
evidence relevant to an issue presented to the arbitrator for | ||
determination. | ||
Sec. 174.308. ARBITRATION AWARD. (a) Not later than the | ||
10th day after the end of the hearing, an arbitrator shall: | ||
(1) make written findings; and | ||
(2) render a written award on the issues presented to | ||
the arbitrator. | ||
(b) A copy of the findings and award shall be mailed or | ||
delivered to the public employer and the association. | ||
(c) An increase in compensation awarded by an arbitrator | ||
under this subchapter may take effect only at the beginning of the | ||
next fiscal year after the date of the award. | ||
(d) If a new fiscal year begins after the initiation of | ||
arbitration procedures under this subchapter, Subsection (c) does | ||
not apply and an increase in compensation may be retroactive to the | ||
beginning of the fiscal year. | ||
Sec. 174.309. EFFECT OF AWARD. If a decision of an | ||
arbitrator is supported by competent, material, and substantial | ||
evidence on the whole record, the decision: | ||
(1) is final and binding on the parties; and | ||
(2) may be enforced by either party or the arbitrator | ||
in a district court for the judicial district in which a majority of | ||
the affected employees reside. | ||
Sec. 174.310. AMENDMENT OF AWARD. The parties to an | ||
arbitration award may amend the award by written agreement at any | ||
time. | ||
Sec. 174.311. BEGINNING OF NEW FISCAL YEAR. If a new fiscal | ||
year begins after the initiation of arbitration procedures under | ||
this subchapter but before an award is rendered or enforced: | ||
(1) the dispute is not moot; | ||
(2) the jurisdiction of the arbitrator is not | ||
impaired; and | ||
(3) the arbitration award is not impaired. | ||
Sec. 174.312. EXTENSION OF PERIOD. A period specified by | ||
Section 174.305 or 174.308 may be extended: | ||
(1) by the written agreement of the parties for a | ||
reasonable period; or | ||
(2) by the arbitrator for good cause for one or more | ||
periods that in the aggregate do not exceed 20 days. | ||
Sec. 174.313. COMPENSATION OF ARBITRATORS; EXPENSES OF | ||
ARBITRATION. (a) The public employer and the association | ||
representing the employees shall jointly pay in even proportions: | ||
(1) the compensation of the arbitrator; and | ||
(2) the stenographic and other expenses incurred by | ||
the arbitrator in connection with the arbitration proceedings. | ||
(b) If a party to arbitration requires a transcript of the | ||
arbitration proceedings, the party shall pay the cost of the | ||
transcript. | ||
SECTION 11. The heading to Section 174.252, Local | ||
Government Code, is amended to read as follows: | ||
Sec. 174.252. JUDICIAL ENFORCEMENT WHEN PUBLIC EMPLOYER | ||
DECLINES POLICE OFFICER ARBITRATION. | ||
SECTION 12. Section 174.252(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) If an association requests arbitration as provided by | ||
Subchapter E and a public employer refuses to engage in | ||
arbitration, on the application of the association, a district | ||
court for the judicial district in which a majority of affected | ||
employees reside may enforce the requirements of Section 174.021 as | ||
to any unsettled issue relating to compensation or other conditions | ||
of employment of [ |
||
SECTION 13. Section 174.253, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 174.253. JUDICIAL REVIEW OF ARBITRATION AWARD. (a) An | ||
award of an arbitration board or arbitrator may be reviewed by a | ||
district court for the judicial district in which the municipality | ||
is located only on the grounds that: | ||
(1) the arbitration board or arbitrator was without | ||
jurisdiction; | ||
(2) the arbitration board or arbitrator exceeded its | ||
jurisdiction; | ||
(3) the order is not supported by competent, material, | ||
and substantial evidence on the whole record; or | ||
(4) the order was obtained by fraud, collusion, or | ||
similar unlawful means. | ||
(b) The pendency of a review proceeding does not | ||
automatically stay enforcement of the arbitration board's or | ||
arbitrator's order. | ||
SECTION 14. This Act takes effect September 1, 2021. |