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.
2517 North Main, San Antonio, Texas 78212
(210)227-3243 Phone; (210)225-4481 Facsimile
The Difference Between
Meet & Confer and
Collective Bargaining
TxPELRA - February 3, 2016
Overview
Meet and Confer compared to
Collective Bargaining
Statutory and legal difference
Practical impact
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
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
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
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
Legal Basis for Collective Bargaining
Chapter 174 of the Texas Local Government Code
Election
174.105
“…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.
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.” §174.002(a) TLGC
But note City of Kingsville, 568 S.W.2d 391
(Tex. Civ. App.—Corpus Christi, 1978)
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, 726-27 (Tex. App.--Corpus Christi, 1999).
Open deliberations §174.108
May preempt other law or provisions §174.005
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).
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
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
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 143
2007 Statute applicable to EMS (if independent department and population of 460,000 or more)
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
Meet & Confer
Open Deliberations §142.063 (police), §142.113
(fire)
Open Records §142.062 (police), §142.112 (fire)
Written agreement preempts, during the term of
the agreement and to the extent of any conflict,
all contrary state statutes, etc. §142.067 (police);
§142.117 (fire)
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
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
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
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
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
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
End of Presentation
Thank you for your time and
attention and good luck!
