The Difference Between Meet & Confer and Collective Bargaining

Transcription

1 The Difference Between Meet & Confer and Collective Bargaining TxPELRA - February 3, 2016 Presented by: Elizabeth M. Provencio Board Certified in Labor and Employment Law Texas Board of Legal Specialization Denton, Navarro, Rocha, Bernal, Hyde & Zech, P. C. elizabeth.provencio@rampage-sa.com 2517 North Main, San Antonio, Texas (210) Phone; (210) Facsimile

2 Overview Meet and Confer compared to Collective Bargaining Statutory and legal difference Practical impact

3 Advantages Communication with employees Establishing effective relationship terms and habits Variations to Civil Service (pay, benefits, hiring, discipline, promotion) In Meet and Confer context, avoiding petition for civil service or collective bargaining

4 Disadvantages Income growth disparity between public safety employees and remaining public workforce Loss of flexibility in establishing pay and benefits Cost of the process in time and money

5 Meet & Confer/Collective Bargaining Meet and Confer Cities are not required to enter into labor negotiations, or to make a contract on any of the potential subjects for negotiations Collective Bargaining Required to negotiate in good faith the terms and conditions of employment

6 Collective Bargaining The Fire and Police Employee relations Act Chapter 174 Modeled after NLRA Does not fully track the structure of federal private sector bargaining Three way relationship is different in the public Sector

7 Legal Basis for Collective Bargaining Chapter 174 of the Texas Local Government Code Election the public employer and the association shall bargain collectively. Meet at a reasonable time Confer in good faith regarding compensation, hours, other conditions of employment, negotiation of agreement or questions arising under an agreement Execute a written contract incorporating any agreement reached, if either party requests a written contract.

8 NLRA model, with exception a political subdivision shall provide its fire fighters and police officers with compensation and other conditions of employment that are substantially the same as compensation and conditions of employment prevailing in comparable private sector employment (a) TLGC But note City of Kingsville, 568 S.W.2d 391 (Tex. Civ. App. Corpus Christi, 1978)

9 Legal Basis for Collective Bargaining Under state employment law relating to public employees, a recognized limitation on mandatory bargaining is the concept of management prerogative, which involves issues of policy that should be exclusively reserved to a government s discretion. Corpus Christi Firefighter s Association v. City of Corpus Christi, 10 S.W.3d 723, (Tex. App.--Corpus Christi, 1999). Open deliberations May preempt other law or provisions

10 Mediation Impasse Arbitration Voluntary Voters may elect binding arbitration option. City of Port Arthur v. International Association of Firefighters, Local 397, 807 S.W.2d 894 (Tex. App. Beaumont 1991).

11 Meet & Confer Chapters 142, 143 Differs from collective bargaining Cities are not required to enter into labor negotiations, or to make a contract on any of the potential subjects for negotiations Under collective bargaining Required to negotiate in good faith the terms and conditions of employment

12 Meet & Confer Exception to Texas labor law not permitting public sector employers to Recognize an employee association Negotiate for the terms and conditions of employment, or Enter into a collective bargaining agreement

13 Legal Basis for Meet & Confer History in Austin and Houston 2005 Statute applicable to Fire and Police for cities with a population of 50,000 or more, or covered by Chapter Statute applicable to EMS (if independent department and population of 460,000 or more)

14 Proceeding After the City Receives the Petition for Meet & Confer City may agree to proceed or choose to allow decision to go to the voters Option to allow for certification election, if dispute as to representation Interest and expectations of community If Council accepts, council retains control and prerogatives If voters, voters then retain control over the future use

15 Meet & Confer Open Deliberations (police), (fire) Open Records (police), (fire) Written agreement preempts, during the term of the agreement and to the extent of any conflict, all contrary state statutes, etc (police); (fire)

16 Fostering Good Labor Relations Know the issues, be engaged Foster communication Be accessible Take and implement good suggestions Give credit for the good suggestions Reward good behavior

17 Conflict Management Styles Avoider: neither advances issue nor relationship Accommodator: advances relationship, not issue Competitor: advances issue, not relationship Compromisers: advances both partly Collaborator: advances both fully

18 Developing a Bargaining Culture Positive relationships Establish and maintain trust Shared information Understanding even if not agreement Seeking solutions Positive direction and progress Fairness by comparison and circumstances

19 Getting Started: Internally Selecting bargaining team Identifying interests/priorities (hiring, promotion, discipline examples in Abilene, Denton, San Marcos) Pay and compensation philosophy Comparative study total pay and benefits model

20 Getting Started: Joint Session Interest-Based Bargaining Training (free) by Federal Mediation and Conciliation Service Establish ground rules Develop a vision for timeframe and approach to build momentum

21 Public Sector Triangle Essential foundation of city council support Elected officials must have a full understanding of the process Operational aspects need to be balanced Multiple options for maintaining affordable economic terms

22 End of Presentation Thank you for your time and attention and good luck!