HBA-NRS, JEK H.B. 2677 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2677
By: Bailey
Urban Affairs
7/25/2001
Enrolled



BACKGROUND AND PURPOSE 

Firefighters and police officers of the City of Houston are covered by meet
and confer legislation, but there are no provisions covering the employment
matters of Houston's other municipal employees.  House Bill 2677 grants
public employee associations of a municipality of 1.9 million or more the
right to meet and confer with a public employer over issues such as wages,
hours, working conditions, and all other terms and conditions of
employment, and prohibits strikes and work stoppages by employees who
participate in these organizations. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2677 amends the Local Government Code to provide for local
control over the employment matters of municipal employees in
municipalities of 1.9 million or more. The bill does not apply to
firefighters or police officers in municipalities that have adopted The
Fire and Police Employee Relations Act or the provisions for municipal
civil service.  

H.B. 2677 provides that a municipality may not be denied local control over
employment matters, including wages, salaries, rates of pay, hours of
employment, other conditions of employment, or other personnel issues on
which  the public employer and an association recognized as the sole and
exclusive bargaining agent for all covered municipal employees agree. The
bill authorizes a public employer and an association recognized as a sole
and exclusive bargaining agent to meet and confer only if the association
does not advocate the illegal right to strike by public employees. The bill
prohibits employees of a municipality from engaging in strikes or organized
work stoppages against the state or a political subdivision of this state.
An employee who participates in a strike forfeits all civil service rights,
benefits, reemployment rights, and any other rights or privileges an
employee enjoys as a result of employment or prior employment with the
municipality.  

H.B. 2677 authorizes a public employer to recognize an association as the
sole and exclusive negotiating agent for a bargaining unit if a petition is
submitted by the association that is signed by a majority of the covered
employees. The bill authorizes an association to submit a petition
requesting an election to determine whether an association is the sole and
exclusive  representative of the covered employees and sets forth
provisions for such an election. The bill requires the municipality to
designate a team to represent the public employer as its sole and exclusive
bargaining agent.  

H.B. 2677 provides that  an agreement  between an association and a public
employer is a public record. The bill specifies that a written agreement
between a public employer and a recognized association is enforceable and
binding on the public employer, the recognized association, and the
employees covered by the agreement if the governing body of the
municipality ratifies the agreement by majority vote and the association
ratifies the agreement by a majority vote of its members by secret ballot.
A district court of the  judicial district in which the municipality is
located has full authority and jurisdiction to enforce any ratified written
agreement between a public employer and a recognized association.  

An agreement made between a public employer and a recognized association
supersedes any previous statute concerning employment matters and preempts
any contrary statutes, local ordinances, executive orders, or rules adopted
by the state or a political subdivision or agent of the state. 

The bill authorizes a petition signed by a least 10 percent of the
qualified voters of the municipality to be presented to the municipal
secretary calling an election for the repeal of the agreement not later
than the 45th day after the date the agreement is ratified by both the
municipality and the association. The bill prohibits an agreement from
interfering with the right of a member of an association to pursue
allegations of discrimination based on race, creed, color, national origin,
religion, age, sex, or disability or to pursue affirmative action
litigation.   

EFFECTIVE DATE

Vetoed.