Introduced Version
Senate Bill 164 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 164
(By Senator Yost)
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[Introduced February 15, 2013; referred to the Committee on
Labor; and then to the Committee on Government Organization .]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §29-6A-1, §29-6A-2,
§29-6A-3, §29-6A-4, §29-6A-5, §29-6A-6, §29-6A-7, §29-6A-8,
§29-6A-9, §29-6A-10, §29-6A-11, §29-6A-12, §29-6A-13, §29-6A-
14, §29-6A-15, §29-6A-16, §29-6A-17, §29-6A-18, §29-6A-19,
§29-6A-20, §29-6A-21, §29-6A-22, §29-6A-23, §29-6A-24, §29-6A-
25 and §29-6A-26, all relating to promoting orderly and
constructive employment relations between the state and its
employees; increasing the efficiency of the state; ensuring
the health and safety of the citizens of this state; requiring
the state to recognize, negotiate and bargain with employee
organizations representing state employees and to enter into
written agreements evidencing the result of bargaining; and
encouraging labor peace through the establishment of standards and procedures which protect the rights of the state, the
state's employees and the citizens of this state.
Be it
enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
be adding thereto a new article, designated §29-6A-1, §29-6A-2,
§29-6A-3, §29-6A-4, §29-6A-5, §29-6A-6, §29-6A-7, §29-6A-8, §29-6A-
9, §29-6A-10, §29-6A-11, §29-6A-12, §29-6A-13, §29-6A-14, §29-6A-
15, §29-6A-16, §29-6A-17, §29-6A-18, §29-6A-19, §29-6A-20, §29-6A-
21, §29-6A-22, §29-6A-23, §29-6A-24, §29-6A-25 and §29-6A-26, all
to read as follows:
ARTICLE 6A. STATE LABOR RELATIONS ACT.
§29-6A-1. Legislative purpose.
The Legislature of the State of West Virginia declares that
the trial meet and consult process between state departments and
employee representatives has improved organizational efficiency,
enhanced the quality of work life, and led to harmonious relations
between employees and state managers. In order to build upon this
success, it is the public policy of this state and the purpose of
the Legislature in the enactment of this article to promote orderly
and constructive employment relations between the state and its
employees; to increase the efficiency of the state; and to ensure
the health and safety of the citizens of this state. The
Legislature has determined that these policies and, purposes may best be accomplished by: (1) Granting to state employees the
right to associate with others in organizing and choosing
representatives for the purpose of collective bargaining; (2)
requiring the state to recognize, negotiate and bargain with
employee organizations representing state employees and to enter
into written agreements evidencing the result of bargaining; and
(3) encouraging labor peace through the establishment of standards
and procedures which protect the rights of the state, the state
employee and the citizens of this state.
§29-6A-2. Short title.
This article shall be known and may be cited as the "State
Labor Relations Act."
§29-6A-3. Definitions.
The following words when used in this article have the meaning
ascribed to them unless the context clearly indicates a different
meaning:
(a) "Appropriate bargaining unit" means the unit of employees
appropriate for the purpose of collective bargaining pursuant to
section twelve of this article.
(b) "Arbitration" means the procedure by which an impartial
third party holds a hearing, takes testimony and renders a decision
which is binding upon the parties for the purpose of resolving a
dispute between state employees and the state employers including:
(1) "Grievance arbitration" which means arbitration of
disputes arising over the interpretation or application of a
collective bargaining agreement or any law, rule or regulation
affecting the working conditions of state employees; and
(2) "Interest arbitration" which means arbitration of disputes
arising during the course of contract negotiations resulting in
incorporation of the arbitrator's decision into the collective
bargaining agreement.
(c) "Board" means the State Labor Relations Board created
pursuant to section four of this article.
(d) "Certification" means official designation by the State
Labor Relations Board that the employee organization is the
exclusive representative for all the employees in an appropriate
bargaining unit for the purpose of collective bargaining.
(e) "Collective bargaining" means the performance of the
mutual obligations of the state as an employer and the exclusive
representative to meet at reasonable times and places, to confer
and negotiate in good faith with the intent of reaching agreement,
and to execute a written agreement with respect to wages, hours and
other terms and conditions of employment: Provided, That neither
party shall be required to make a concession or compelled to agree
to a proposal put forth by the other party except as pursuant to
interest arbitration.
(f) "Confidential employee" means an employee who acts in a
confidential capacity with respect to an individual who formulates
or effectuates management policies in the field of labor-management
relations;
(g) "Employee" means, for the purposes of this article, any
person employed by the state in an executive department, including
agencies and boards, or in an independent agency or department
other than supervisors, confidential employees, persons employed by
the governing boards of higher education, employees of the State
Legislature, employees of the judicial branch and employees
responsible for administering this statute.
(h) "Employee organization" means an employee participating
organization which exists for the purpose of representing state
employees in dealing with the state concerning grievances, labor
disputes, wages, hours and other terms and conditions of employment
of state employees.
(i) "Employer" means the State of West Virginia, its executive
departments, divisions, institutions, agencies and boards excluding
the board of higher education.
(j) "Exclusive representative" means the employee organization
which has the right as certified by the board to be the collective
bargaining agent of all employees in an appropriate bargaining
unit.
(k) "Impasse" means the point in the process of negotiations
between exclusive representatives of state employees and state
employers at which either party determines that no further progress
toward resolving differences and concluding a collective bargaining
agreement can be made.
(l) "Mediation" means assistance in the form of
interpretation, suggestion or advice by an impartial third party in
reconciling an impasse between the state employer and the exclusive
representative regarding wages, hours and other terms and
conditions of employment.
(m) "Representation fee" means the assessment levied upon
employees in an appropriate bargaining unit who are not members of
the employee organization to help defray the cost of
representational services rendered by the exclusive representative
on their behalf.
(n) "Supervisory employee" means any individual whose
principal activity includes and who spends a preponderance of his
or her workday exercising nonroutine and nonclerical authority and
who uses independent judgment to hire, transfer, suspend, lay off,
recall, promote, discharge, assign, reward or discipline other
employees or an individual who has the responsibility to assign
work, direct other employees, adjust employee grievances, or an
individual who recommends any of these employee actions and whose duties are substantially distinct from these other employees.
§29-6A-4. West Virginia State Labor Relations Board created.
There is hereby created a state agency to be known as the West
Virginia State Labor Relations Board, or "board," which shall be
administratively attached to the Department of Administration:
Provided, That the Department of Administration shall not exercise
any authority over the policy decisions of the board.
§29-6A-5. Composition of board; terms of members; qualifications
of members.
(a) The board shall consist of three members, each of whom
shall be appointed by the Governor, and one of whom shall be
appointed by the Governor from a list of at least three individuals
provided by the largest labor organization in the state. All
members shall be citizens of the state, and shall be appointed by
and with the advice and consent of the Senate. The members shall
be appointed for terms of four years, except that one of the
original terms shall be for a term of four years, another one of
the original terms shall be for a term of three years and the
remaining original term shall be for a term of two years.
(b) No person shall be eligible for appointment to membership
on the board who is the holder of any public office or public
employment under the federal government or under the government of
this state or any of its political subdivisions, or an appointee or employee of the board. Not more than two members of the board
shall be members of the same political party.
§29-6A-6. Original term of members; vacancies; eligibility for
reappointment; oath of office; removal from office.
(a) The Governor shall appoint the three members of the board
within sixty days of the effective date of this article. The
original terms of office of members begin on July 1, 2013.
(b) The Governor shall appoint a member by and with the advice
and consent of the Senate to fill any vacancy among the members of
the board. The member appointed to fill the vacancy shall serve
for the unexpired term of the vacating member.
(c) All members of the board shall be eligible for
reappointment. Before exercising any authority or performing any
duties as a member of the board, each member shall qualify by
taking and subscribing to the oath of office prescribed by section
five, article IV of the State Constitution.
(d) No member of the board may be removed from office by the
Governor except for official misconduct, incompetence, neglect of
duty or gross immorality and only in the manner prescribed by law
for the removal of state elective officers.
§29-6A-7. Meetings; quorum; per diem and expenses of members.
(a) The board shall hold at least four meetings in every
fiscal year beginning July 1 and ending the following June 30. One meeting, known as the annual meeting, shall be held in July, or as
soon thereafter as practicable, in the year 2013 and in July of
each subsequent year. Annual meetings, as well as the three
additional required meetings in each fiscal year, shall be held on
dates and at places as the board may prescribe: In addition to the
statutorily required meetings, the board may, upon its own
resolution or at the call of the chairperson of the board, meet at
other times.
(b) Of the three appointed members, two members of the board
shall constitute a quorum provided that if there are two vacancies
on the board, the remaining member shall be considered as the chair
and shall be authorized to conduct the business of the board. A
majority vote is necessary to pass upon matters before the board.
A vacancy in the board does not impair the authority of the
remaining members to exercise all the powers of the board
consistent with the existence of a quorum. The Governor may
appoint an acting member of the board during the temporary absence
from the state or during the illness of any regular member. An
acting member, during his or her term of service, shall have the
same powers and duties as the regular member and shall meet the
same requirements for selection.
(c) The members of the board shall be paid $300 per diem, or
such other amount as specified by the Legislature in appropriations, for actual time spent in the performance of duties
under this article, and shall be reimbursed for actual and
necessary expenses incident to the performance of their duties.
The foregoing per diem and reimbursement for actual and necessary
expenses shall be paid from appropriations made by the Legislature
to the board.
§29-6A-8. Organization of board; staff; offices.
(a) At its first annual meeting in July, or as soon thereafter
as practicable, in the year 2013, and annually thereafter, the
board shall elect a chairperson and other officers from its
membership as the board may deem necessary or desirable. The
chairperson shall serve for a one-year term commencing on July 1,
following the annual meeting and ending on June 30 the following
year.
(b) The board shall employ an executive officer and other
professional, administrative, clerical and other employees,
including, but not limited to, mediators and hearing officers, as
may be necessary to assist the board in the performance of its
duties and responsibilities and consistent with legislative
appropriations. The board shall be represented in any judicial
proceedings pursuant to this article by the Attorney General of the
State of West Virginia or his or her designee. The board shall
prescribe the duties and fix the compensation and emoluments of all employees. Employees of the board shall serve under the direction
and control of the board or its designated representatives. The
board shall provide suitable offices for the executive officer and
his or her staff in or near the State Capitol Complex in
Charleston, West Virginia.
§29-6A-9. Rules.
The board has authority from time to time to make, amend and
rescind rules as may be necessary to carry out the provisions of
this article. Any rules shall be filed in the Office of the
Secretary of State within thirty days of adoption by the board.
The provisions of the State Administrative Procedures Act apply to
the board.
§29-6A-10. Employee rights.
(a) It is lawful for state employees to organize, form, join
or assist in employee organizations and to engage in concerted
activities for the purpose of collective bargaining or other mutual
aid and protection and to bargain collectively through
representatives of their own free choice. Employees also have the
right to refrain from these activities, except as may be required
pursuant to the provisions of this article or pursuant to any
maintenance of membership provision or representation fee provision
in a collective bargaining agreement.
(b) Nothing in this article shall prevent an employee from presenting a grievance to the employer and having the grievance
heard and settled without the intervention of an employee
organization: Provided, That the exclusive bargaining
representative is afforded the opportunity to be present and to
present its views on the matter: Provided, however, That any
settlement made shall not be inconsistent with the terms of any
agreement in effect between the employer and the exclusive
bargaining representative.
§29-6A-11. Exclusive representation.
(a) When a majority of the state employees casting valid
ballots in a secret ballot election select a representative for the
purpose of bargaining collectively, the representative shall be the
exclusive representative of all the employees in the unit for the
purpose of collective bargaining.
(b) Labor organizations recognized by the state as the
exclusive representative are responsible for representing the
interests of all state employees in the bargaining unit. Nothing
herein shall be construed to limit an exclusive representative's
right to exercise its discretion to refuse to process grievances of
employees that are not meritorious.
§29-6A-12. Unit determination.
(a) For the purposes of collective bargaining, all of the
eligible employees of a specific executive department or independent agency as defined in article one, chapter five-f of
this code shall constitute an appropriate unit. Eligible employees
of the Attorney General, the Secretary of State, the Auditor,
Treasurer, Agriculture and Parkways Authority shall constitute
separate appropriate units. Nothing shall prohibit multiunit
bargaining between state employers and the exclusive representative
or representatives of state employees except that all of the
eligible uniformed personnel of the West Virginia State Police
shall constitute their own appropriate unit. The board shall
resolve all questions of eligibility of an employee to be included
in an appropriate unit that are not resolved by a state employer
and employee organization through agreement or through operation of
agreed upon procedures.
(b) Supervisory employees may not be included in an
appropriate unit with any other employees, but supervisors shall be
permitted to form their own separate homogeneous units in each
executive department.
§29-6A-13. Representation recognition and election; procedures.
(a) When an employee or group of employees, or any individual
or employee organization acting on behalf of an employee or group
of employees, files a petition with the board alleging that thirty
percent of the employees in a unit are members or wish to be
represented for collective bargaining by a designated representative, or wish to decertify the existing exclusive
representative, the board shall investigate or conduct hearings to
determine the validity of the matters contained in the petition
before determining whether or not an order should be issued. If
the board determines that thirty percent of the employees in an
appropriate unit are members of or wish to be represented by a
designated employee organization, or wish to decertify a currently
certified exclusive representative, the board shall order and
conduct a secret ballot election. Within seven days of a request
from the board, a state employer shall provide the board a list of
all state employees described in the petition for recognition
accompanied by notations indicating whether each employee is
included or excluded from the bargaining unit. The petitioning
employee organization, and any incumbent exclusive representative
employee organization, shall be provided with a copy of such list.
Representation elections shall be supervised by the board and shall
be conducted by secret ballot at times and places selected by the
board, subject to the following:
(1) A petition to decertify an existing exclusive
representative shall be considered timely and processed only if:
(A) Filed more than one year after the exclusive
representative was certified or recertified; and
(B) If a collective bargaining agreement is in effect, within the period commencing ninety days prior and ending sixty days prior
to the expiration of the collective bargaining agreement.
(2) Within seven days after the board issues its order
directing that an election be conducted, the state employer shall
submit to the employee organization or organizations whose name
shall appear on the election ballot, the complete names and
addresses of those employees who are determined by the board to be
eligible to participate in the election;
(3) The election shall be conducted on or near the place of
employment at a time convenient to all employees;
(4) The board shall give no less than ten days' notice of the
time and place of the election;
(5) The board shall establish rules concerning the conduct of
any election including, but not limited to, regulations which would
guarantee the secrecy of the ballot;
(6) In addition to any currently certified or petitioning
employee organization, the ballot shall contain the names of any
employee organization presenting cards signed by at least twenty
percent of the employees in the appropriate unit indicating their
wish to be represented for the purpose of collective bargaining by
the organization and the ballot shall also contain a provision
allowing an employee to mark "no representation";
(7) A representative may not be certified unless it receives a majority of the valid ballots cast;
(8) In an election where none of the choices on the ballot
receive a majority of the valid ballots cast, a run-off election
shall be conducted within thirty days after the result of the
election is certified by the board. The ballot for the run-off
election shall include a provision for a selection between only the
two choices or parties receiving the highest number of ballots cast
in the previous election.
(9) The board shall have the final determination on any
controversy concerning the eligibility of an employee to vote;
(10) The board shall certify the results of an election within
seven calendar days after the final tally of votes and the board
determines, after any challenges are filed, that the challenges are
without merit. Any challenge to the conduct of an election must be
filed within five calendar days of the final tally of votes.
(b) As an alternative to subsection (a) of this section, an
employee organization may petition the board for voluntary
recognition without an election. Upon a finding that a majority of
eligible employees in the appropriate unit are members or wish to
be represented by a designated representative, the board shall
certify the employee organization as the exclusive representative
without conducting an election: Provided, That the employer agrees
to waive the requirement for an election and that there is no rival claim for recognition or petition for an election.
§29-6A-14. Duty to bargaining.
(a) Collective bargaining shall take place between state
employers and recognized employee organizations and shall result in
execution of a written contract incorporating any agreement reached
on wages, hours, working conditions and other terms and conditions
of employment.
(b) Matters subject to negotiation shall include payroll
withholding of employee organization dues and representation fees
including the automatic deduction of such fees from the paychecks
of nonmember employees. Where there is an exclusive representative
for a bargaining unit, only the exclusive representative shall have
the right to payroll withholding of employee organization dues for
employees in that bargaining unit.
(c) Where a collective bargaining agreement is terminated, or
continues in effect beyond its scheduled expiration date pending
the negotiation of a successor agreement or the resolution of an
impasse, the employer shall continue to honor and abide by any dues
deduction or representation fee clause contained therein until a
new agreement is reached including dues deduction or a
representation fee clause.
(d) The general adjustment to the employee pay plans, other
general adjustments to pay affecting all employees including nonbase building adjustments, and matters relating to health care
benefits shall be subject to bargaining between a coalition of all
exclusive representatives and a representative designated by the
Governor. Each employee organization that is part of the coalition
shall exercise authority over decisions of the coalition
proportional to the number of employees exclusively represented in
the coalition by the employee organization.
§29-6A-15. Written agreements; appropriations; grievance procedure
required.
(a) All cost items resulting from coalition bargaining
concerning the general adjustments to the employee pay plans and
health care benefit agreements that may not be paid from existing
appropriations, shall be subject to approval and appropriations by
the State Legislature. The Governor shall submit to the
Legislature, within ten days of the date on which an agreement is
ratified by the exclusive representatives, all cost items contained
in the agreement: Provided, That if any cost items require
appropriations by the State Legislature while it is not in session,
the cost items shall be submitted by the Governor for inclusion in
the next operating budget. If the State Legislature rejects any of
the cost items submitted to them, all items shall be returned to
the parties for further negotiations. Nothing in this section
shall be construed to allow the State Legislature to reject cost items in an agreement that it has approved.
(b) Because effective and orderly operation of government is
essential to the public, it is declared to be in the public
interest that in the course of collective bargaining, the state
employer and the exclusive representative shall make every
reasonable effort to conclude negotiations, and include provisions
for an effective date, a reopening date and an expiration date, at
a time to coincide, as nearly as possible, with the period during
which appropriate legislative or governing bodies may act upon the
operating budget of the employers.
(c) All existing rules adopted by the employer, including
civil service and other personnel regulations, which are not
contrary to this article or a collective bargaining agreement,
shall remain applicable. The duty to bargain collectively shall
include an obligation to negotiate over any matter with respect to
wages, hours and other conditions of employment, not specifically
provided in any other law or not specifically in violation of the
provisions of any law. If any other law pertains, in part, to a
matter affecting the wages, hours and other conditions of
employment, the other law shall not be construed as limiting the
duty to bargain collectively and to enter into collective
bargaining agreements containing clauses which either supplement,
implement or relate to the effect of provisions in other laws. If there is a conflict between the collective bargaining agreement and
any rules, the terms of the agreement shall prevail.
Notwithstanding any other provision of this code to the contrary,
matters described in section five, article five, chapter five,
sections ten, twenty-four and twenty-six, article two, chapter
fifteen and article six, chapter twenty-nine of this code shall be
substantively subject to bargaining at the request of either party.
(d) As an exception to articles two and three of chapter six-c
and sections six and twenty-one, article two, chapter fifteen of
this code, every collective bargaining agreement shall contain a
grievance procedure culminating in final and binding arbitration by
a neutral third party which shall be the exclusive grievance and
disciplinary appeals procedure for employees covered by the
agreement. The decision of an arbitrator shall be valid and
enforceable when entered into in accordance with the provisions of
this article. The grievance procedure may not include matters
relating to the classification of any position.
(e) A collective bargaining agreement shall not be in force
and effect for a period of more than four years.
§29-6A-16. Impasses; mediation.
Either a state employer or the exclusive representative or
coalition of exclusive representatives may declare that an impasse
has been reached between the parties in bargaining over the wages, hours, working conditions or other terms and conditions of
employment. Upon declaration of impasse by the employer or the
representative, a mediator shall be selected by the board. The
mediator shall meet immediately with the parties or their
representatives, either jointly or separately, and shall take other
steps as may be deemed appropriate in order to persuade the parties
to reach a mutually acceptable agreement. The mediator shall have
the power to control the agenda and require the attendance of
parties. All expenses of mediation shall be borne by the board.
§29-6A-17. Impasses; arbitration.
(a) If the mediator is unable to effect settlement of the
controversy within thirty days of the beginning of mediation in
accordance with the provisions of the preceding section, either
party may, by written notification to the other or to the board,
submit the remaining differences to interest arbitration. Each
party shall submit a final offer on each separate item remaining at
impasse to the arbitrator and the other party. The arbitrator,
following the procedures prescribed in subsection (b) of this
section, shall determine that either the final offer of the
employer or the final offer of the exclusive representative on each
separate issue shall be incorporated into the final collective
bargaining agreement: Provided, That the arbitrator shall not
amend the offer of either party on any issue. Unless the parties have mutually agreed to retain the mediator as arbitrator, or have
agreed upon another individual, the board shall submit five names
of potential arbitrators to the parties. Each party shall
alternately strike a name until one arbiter remains. The name of
potential arbitrators shall be submitted by the board from lists
provided by the American Arbitration Association or the federal
mediation and conciliation service.
(b) The arbitrator shall, within ten days of appointment or as
mutually agreed, meet with the parties or their representatives,
either jointly or separately, and shall make inquiries and
investigations, hold hearings, and take other steps as may be
deemed appropriate in accordance with procedures prescribed by the
board. The arbitrator shall have the power to issue subpoenas
requiring the attendance and testimony of the parties, their
representatives and other relevant witnesses and the production of
any evidence deemed appropriate by the arbitrator in conducting
hearings, investigations or inquiries.
(c) In reaching a decision regarding resolution of outstanding
disputes, the arbitrator shall take into consideration, in addition
to any other relevant factors, the following:
(1) Comparison of the wages, hours and conditions of
employment of the employees involved in the arbitration proceeding
with the wages, hours and conditions of employment of employees performing similar services or requiring similar skills under
similar working conditions and with other employees generally in
public and private employment in comparable communities;
(2) Comparison of peculiarities in regard to other trades or
professions, including specifically: (A) Hazards of employment;
(B) physical qualifications; (C) educational qualifications; (D)
mental qualifications; and (E) job training and skills;
(3) The terms of collective agreements negotiated between the
parties in the past, or of other previously existing arrangements
providing for compensation and fringe benefits, including, but not
limited to, provisions for salary, insurance and retirement
benefits, medical and hospitalization benefits, paid time off and
job security; and
(4) The ability of the state employer to pay for the items to
be included in the contract.
(d) Not later than thirty days following appointment or at
such other time as mutually agreed, the arbitrator shall transmit
a decision to the board and to the parties. The parties shall
execute an agreement embodying the decision of the arbitrator as to
all issues which had been unresolved as well as those items
mutually agreed upon. The decision of the arbitrator on matters
requiring an appropriation of funds is subject to approval and
appropriation by the Legislature.
(e) The expenses of arbitration shall be borne by the board.
§29-6A-18. Strikes prohibited.
Strikes by state employees are prohibited at any time.
§29-6A-19. Remedies for prohibited strikes.
If a strike of state employees occurs which would be
prohibited under the provisions of section eighteen of this
article, the State Attorney General may institute an action in the
circuit court of the jurisdiction where the strike occurs, or in
the Supreme Court of Appeals, for appropriate equitable relief.
§29-6A-20. Prohibited practices.
(a) It shall be a prohibited practice for a state employer or
its representative to willfully:
(1) Interfere, restrain or coerce any employee in the exercise
of any right guaranteed under this article;
(2) Dominate, interfere or assist in the formation, existence
or administration of any employee organization, or to give monetary
or other support to the organization other than to furnish, upon
request, customary and routine services and facilities;
(3) Discriminate in regard to hiring, tenure, term or
condition of employment to encourage or discourage membership in
any employee organization except as pursuant to implementation to
a valid agreement for representation fees;
(4) Discharge or otherwise discriminate against an employee because he or she has signed or filed an affidavit, petition or
complaint or given any information or testimony under this article,
or because he or she has formed, joined or chosen to be represented
by any employee organization;
(5) Refuse to bargain collectively in good faith with the
exclusive representative as required in this article;
(6) Refuse to participate in good faith in the mediation and
arbitration procedures set forth in sections sixteen and seventeen
of this article;
(7) Refuse or fail to comply with any provision of this
article; or
(8) Refuse to supply to any exclusive representative budgetary
information regarding the receipts and disbursements of the state
or refuse to supply any other information necessary to the
preparation and conduct of negotiations or the processing of
grievances.
(b) It shall be prohibited practice for a state employee
organization or its designated agent to willfully:
(1) Refuse to bargain collectively in good faith with the
state employer if it is an exclusive representative, as required in
this article;
(2) Refuse to participate in good faith in the mediation and
arbitration procedures set forth in sections sixteen and seventeen of this article; or
(3) Refuse to fairly represent employees for whom it serves as
the exclusive representative.
§29-6A-21. Prohibited practices; hearings and remedies.
(a) A state employer, employee, employee organization or
exclusive representative may file a written complaint with the
board. The complaint shall state that a prohibited practice as
defined in section twenty of this article has been committed and
that relief from the prohibited practice is requested. Upon
receipt of a written complaint the board or its agent shall:
(1) Cause to be served, upon the person or entity alleged to
have committed the prohibited practice, a copy of the complaint;
(2) Investigate the complaint to determine if a hearing on the
prohibited practice allegation is warranted. If the investigation
reveals, that no issue of fact or law exists, the board may either
grant the relief or dismiss the complaint;
(3) If the investigation reveals that an issue of fact or law
exists, a board hearing on the matter shall be held within twenty
days after a notice of the complaint has been received by the
charged party.
(b) In conducting the hearing, the board or its agent, is
authorized to:
(1) Subpoena witnesses and documents in accordance with section one, article five, chapter twenty-nine-a of this code;
(2) Administer oaths and affirmations;
(3) Hold conferences for the settlement or simplification of
the issues by consent of the parties;
(4) Regulate the course of the hearing;
(5) Exclude immaterial, irrelevant or repetitious evidence;
and
(6) Sequester witnesses.
(c) Where the board finds that any person or entity charged in
the complaint has engaged in or is engaging in prohibited practices
charged in the complaint, the board shall:
(1) State its findings and conclusions in writing;
(2) Issue and cause to be served on the person or entity
engaged in prohibited practices an order to cease and desist from
the prohibited practice;
(3) Award representative costs, as determined by the board, to
the prevailing party; and
(4) Take affirmative action, including, but not limited to,
the reinstatement of employees with pay, as is deemed fair and
equitable in accordance with the provisions of this article.
(d) Where the board finds that the person or entity charged in
the complaint has not engaged or is not engaging in a prohibited
practice the board shall issue an order dismissing the complaint.
(e) The decision of the board shall be final upon the parties
and shall be enforceable in circuit court by any of them. In
addition, the board may petition the circuit court of the county in
which the prohibited practice occurred to enforce its orders and to
grant it other relief including, but not limited to, an injunction.
§29-6A-22. Payroll deductions.
(a) The employer, upon receiving from the exclusive
representative a written statement which certifies the amount of
initiation fees and periodic dues, shall deduct the fees and dues
from the wages due to the employees from the employer. In
accordance with the terms of a collective bargaining agreement, the
deductions may apply to all employees of the bargaining unit,
whether as dues for members of the applicable exclusive bargaining
representative or as a representation fee payment for nonmembers.
Membership in the exclusive representative is not required of any
bargaining unit employee.
(b) Deductions, authorized by members of the exclusive
representative, or representation fee payments required to be
deducted from the wages of nonmembers pursuant to a collective
bargaining agreement, shall be made at times mutually agreed upon
by the employer and the exclusive representative in amounts
prorated in equal installments. The amounts so deducted shall be
forwarded by the employer to the exclusive representative. Nothing in the foregoing shall be construed to prevent the parties from
agreeing to allow for lump sum payment of dues or agreeing to
another arrangement.
(c) The wage deduction permitted by this section shall be paid
to the employee organization chosen as the exclusive representative
of an appropriate bargaining unit. Payments terminate when an
employee organization ceases to function as the exclusive
representative of the appropriate bargaining unit.
(d) In addition to any deduction made and forwarded to the
exclusive representative under subsections (a) and (b) of this
section, the employer shall, upon written authorization by an
employee, deduct from the payroll of the amount of group insurance
premiums, and other charges for employee organization benefits,
funds and plans administered by the exclusive representative and
shall remit the amount designated by the employee to the exclusive
representative.
(e) The employer shall continue all payroll assignments
authorized by an employee prior to the effective date of this
article and all assignments authorized under subsection (d) of this
section until the employee notifies the employer to discontinue his
or her assignments in accordance with any applicable collective
bargaining agreement or until the employee organization ceases to
be the exclusive representative of the appropriate bargaining unit.
§29-6A-23. Financial reports to employees.
Every employee organization shall keep an adequate record of
its financial transactions and shall make available annually to the
employees who are members of the organization, within ninety days
after the end of its fiscal year, a detailed written financial
report in the form of a balance sheet and an operating statement,
certified as to accuracy by a certified public accountant. In the
event of failure of compliance with this section, any employee
within a bargaining unit exclusively represented by the
organization may petition the State Labor Relations Board for an
order compelling compliance. The board may enforce its order by
instituting suit in the circuit court having jurisdiction in this
matter. An employee organization seeking to become an exclusive
representative must file with the board a copy of its most recent
financial report and Constitution and bylaws.
§29-6A-24. Public records and proceedings.
The complaints, orders and testimony relating to a proceeding
instituted by the State Labor Relations Board are public records
and shall be made available for inspection or copying.
§29-6A-25. Severability.
If any provision of this article or the application thereof to
any person or circumstance is held unconstitutional or invalid,
such unconstitutionality or invalidity shall not affect other provisions or applications of the chapter, and to this end the
provisions of this chapter are declared to be severable.
§29-6A-26. Effective Date.
This article is effective July 1, 2013.
NOTE: The purpose of this bill is to promote orderly and
constructive employment relations between the state and its
employees; to increase the efficiency of the state; and to ensure
the health and safety of the citizens of this state. The
Legislature has determined that these policies and, purposes may
best be accomplished by: Granting to state employees the right to
associate with others in organizing and choosing representatives
for the purpose of collective bargaining; requiring the state to
recognize, negotiate and bargain with employee organizations
representing state employees and to enter into written agreements
evidencing the result of bargaining; and encouraging labor peace
through the establishment of standards and procedures which protect
the rights of the state, the state employee and the citizens of
this state.
This article is new; therefore, strike-throughs and
underscoring have been omitted.
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