FACTS ABOUT COLLECTIVE
BARGAINING
What is collective bargaining? Collective bargaining, as contemplated by
the National Labor Relations Act, is a procedure looking toward making of
collective agreements between employer and accredited representative of employees
concerning wages, hours, and other conditions of employment. It requires that parties deal with each
other with open and fair minds and sincerely endeavor to overcome obstacles
existing between them to the end that employment relations may be stabilized.
Collective Bargaining, as defined above, is
available to any group of employees that are employed by a private
employer. For public employees,
however, it is a different story. In
Texas, the only public employees who have the right to bargain collectively
with their employer are Fire Fighters and Police Officers who are employed by a
political subdivision of the State.
This of course includes those Fire Fighters or Police Officers who are
employed by municipalities. However,
the right to bargain is not automatic for those employees. This right must be given to the Fire
Fighters and Police Officers by a vote of the citizens of the political
subdivision through a special referendum election held in accordance with
Chapter 174, TEXAS LOCAL GOVERNMENT CODE, otherwise known as the “Fire and
Police Employee Relations Act”.
The Texas Legislature enacted the “Fire and Police
Employee Relations Act” in 1973.
Provisions of the Act have been adopted by 17 Texas cities wherein it
applies to Fire Fighters and about 30 Texas cities wherein it applies to Police
Officers.
2.
What are the mandatory requirements of Collective Bargaining?
Collective Bargaining only
contains two absolute requirements.
First, both parties must sit down and negotiate for 60 days. Secondly, it requires each party to attempt
in good faith to reach an agreement.
3.
Does Collective Bargaining require either party to make concessions or
accept a proposal?
The answer is NO. The Act specifically states that neither
party is required to make concessions or accept a proposal.
4.
Does Collective Bargaining allow employees to strike?
The answer is NO. It absolutely forbids an employee from
taking part in a work stoppage, work slowdown or any other type of job
action. It provides that any employee
taking part in an illegal job action will receive harsh punishment for their
participation.
5.
If the parties do not reach an agreement before the expiration of the 60
day period where each party is required to negotiate in good faith, what steps
may be taken to resolve the impasse?
Collective Bargaining
provides for (1) Voluntary Mediation and (2) Voluntary Arbitration. In each case, the method of resolution is
strictly voluntary. Each party must
voluntarily agree to Mediation and/or Arbitration. For an Arbitration award to be binding, the employer and the
employee’s representative both have to agree in advance that the decision will
be binding.
6.
What about the provision that allows the employee’s representative to
petition the State District Court to cure the impasse should the employer
decline to arbitrate?
This provision is rarely
used, and only then in a severe case where a complete breakdown of negotiations
has taken place. Note: This has never been used in the City of
Galveston.
7.
If the right to strike is prohibited, arbitration is voluntary, and if
invoking the section providing judicial intervention is not desired, what means
is there of resolving an impasse?
The answer is good faith
bargaining combined with politics.
8.
Who would represent employees at collective bargaining?
Collective Bargaining
specifies that the majority of the affected employees are to elect a bargaining
agent. This could be a labor union, or any
person or other entity that does not claim the right to strike.
9.
Will taxes go up?
The answer is NO. Remember, nothing in it requires that either
party make concession or accept any proposal.
The City will retain their local control.
10.
How does Collective
Bargaining benefit everyone?
The City benefits because
long-term contracts provide orderly control of wages and benefits so that
management can determine its labor costs accurately.
The Texas Collective Bargaining law expressly forbids firefighters
from going on strike or engaging in any kind of job action. Collective
Bargaining has provided firefighters police officers, and administration with a
proven method to resolve labor and management problems and complaints in a fair
and expedient manner.
Collective Bargaining has
worked for the citizens and public safety workers of Galveston for over 20
years. The firefighters and police officers have always come to amicable
agreements with the city administration.
If we throw all of that
away, you the taxpaying citizens, will lose.
So, what’s in it for Fire Fighters and
Police Officers?
The answer is simple – a
more stable and secure work environment in which employees are truly considered
to be the highly trained professionals that they really are!! This results in a more efficient service to
the citizens. Without Collective Bargaining, there will be a decrease in the
quality of your public safety, which is currently among the best in Texas.