Law:Title 3. Employer-employee Relations (Texas)

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Contents

Chapter 101. Labor Organizations

Subchapter A. Rights Of Working Persons

Section  101.001.  Right To Organize.

All persons engaged in any kind of labor may associate and form trade unions and other organizations to protect themselves in their personal labor in their respective employment.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.002.  Right To Influence Another Regarding Employment.

(a) A person by peaceful and lawful means may induce or attempt to induce another to:

(1)  enter or refuse to enter a particular employment; or

(2)  quit a particular employment in which the other person is then engaged.

(b)  A member of a trade union or other organization may not enter the premises of another without the consent of the owner of the premises.

(c)  This section does not apply to an association formed, an act taken, or an agreement made:

(1)  to limit the production, transportation, use, or consumption of labor's products; or

(2)  that creates a trust or conspiracy in restraint of trade under the laws of this state.

(d)  Subsection (c) does not interfere with the terms of a private contract between an employer and an employee with regard to the time of service or other stipulations.

(e)  Subsection (c) may not be construed as repealing or affecting a statute on trusts, conspiracies against trade, pools, or monopolies.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.003.  Right To Bargain.

A person's inherent right to work and to bargain freely with the person's employer, individually or collectively, for terms of the person's employment may not be denied or infringed by law or by any organization.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.004.  Contract For Withholding Union Dues From Employee's Compensation Void Without Employee's Consent.

A contract that permits or requires the retention of part of an employee's compensation to pay dues or assessments on the employee's part to a labor union is void unless the employee delivers to the employer the employee's written consent to the retention of those sums.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Subchapter B. Right To Work

Section  101.051.  Definition.

In this subchapter, "labor union" means an incorporated or unincorporated association, group, union, lodge, local, branch, or subordinate organization of a union of working persons organized and existing to protect those persons and to improve their working conditions, wages, or employment relationships, but does not include an organization not commonly regarded as a labor union.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.052.  Denial Of Employment Based On Labor Union Membership Prohibited.

A person may not be denied employment based on membership or nonmembership in a labor union.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.053.  Contract Requiring Or Prohibiting Labor Union Membership Void.

A contract is void if it requires that, to work for an employer, employees or applicants for employment:

(1)  must be or may not be members of a labor union; or

(2)  must remain or may not remain members of a labor union.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Subchapter C. Regulation Of Labor Unions

Section  101.101.  Definitions.

In this subchapter:

(1)  "Enforcement officer" means the attorney general, district attorney, or county attorney.

(2)  "Labor organizer" means a person who for a financial consideration solicits membership in a labor union or members for a labor union.

(3)  "Labor union" means an incorporated or unincorporated association, group, union, lodge, local, branch, or subordinate organization of a union of working persons organized and existing to protect those persons and to improve their working conditions, wages, or employment relationships, but does not include an organization not commonly regarded as a labor union.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.102.  Legislative Findings; Policy.

(a) The legislature finds that because the activities of labor unions affect the economic conditions of the country and the state by entering into almost all business and industrial enterprises, labor unions affect the public interest and are charged with a public use.

(b)  Workers must be protected without regard to whether they are unionized. The right to work is the right to live.

(c)  The policy of this state, in the exercise of its sovereign constitutional police power, is to regulate the activities and affairs of labor unions and officers, agents, organizers, and representatives of labor unions, as provided by this subchapter.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.103.  Liberal Construction.

(a) This subchapter shall be liberally construed to:

(1)  achieve the purposes provided by Section 101.102; and

(2)  protect the rights of working persons to work and to organize for their mutual benefit in connection with their work.

(b)  This subchapter may not be construed to deny the free rights of assembling, bargaining, and petitioning, orally or in writing, regarding a matter affecting labor or employment.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.104.  Method Of Election Of Officers, Agents, Organizers, And Representatives. (a)

An officer, agent, organizer, or representative of a labor union must be elected by secret ballot and by majority vote of the members present and participating, except as provided by Subsections (b) and (c) and Section 101.108.

(b)  A labor union may require more than a majority vote for the election of an officer, agent, organizer, or representative.

(c)  A labor union may take a vote of the entire membership for an officer, agent, organizer, or representative by mailed ballots.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.105.  Annual Election Of Officers, Agents, Organizers, And Representatives. An

election for labor union officers, agents, organizers, and representatives must be held at least once each year, except as provided by Section 101.108.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.106.  Notice Of Election. Ex

cept as provided by Section 101.108, a labor union shall give members at least seven days' notice of an election under Section 101.105. The notice must be given in the manner most convenient to the union by:

(1)  written or printed notice mailed to the member's last known address;

(2)  posting notice in a place public to the membership; or

(3)  announcement at a regular stated meeting of the union.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.107.  Results Of Election. The

results of an election held under Section 101.105 shall be determined and declared by the president and the secretary at the time in the presence of the members or delegates participating, except as provided by Section 101.108.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.108.  Certain Unions Excepted. Sectio

ns 101.104-101.107 do not apply to a union that:

(1)  under its constitution, bylaws, or other organization rules, held its elections for officers and representatives every three years or every four years, for the four years ending August 10, 1943; and

(2)  charged members an initiation fee of $10 or less, for the 10 years ending August 10, 1943.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.109.  Certain Persons Prohibited From Holding Office.

(a) A person may not serve as a labor union officer or as a labor organizer if the person:

(1)  is an alien; or

(2)  has been convicted of a felony.

(b)  Subsection (a) does not apply to a person who has been convicted of a felony and whose rights of citizenship have been fully restored.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.110.  Labor Organizers; Organizer's Card.

(a) A labor organizer operating in this state must apply in writing for an organizer's card before soliciting members for the organizer's organization.

(b)  An application for an organizer's card must:

(1)  be filed with the secretary of state by mail or in person;

(2)  state the applicant's full name and labor union affiliations, if any;

(3)  describe the applicant's credentials;

(4)  be accompanied by a copy of the applicant's credentials; and

(5)  be signed by the applicant.

(c)  On the filing of an application for an organizer's card, the secretary of state shall issue the applicant a card containing:

(1)  the applicant's name;

(2)  the applicant's union affiliation;

(3)  a space for the applicant's signature;

(4)  the designation "labor organizer"; and

(5)  the secretary of state's signature, dated and attested by the state seal.

(d)  A labor organizer shall:

(1)  carry the card issued under Subsection (c) whenever the organizer is soliciting members; and

(2)  exhibit the card on request of a person being solicited for membership.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.21(a), eff. Sept. 1, 1995.



Section  101.111.  Fee For Privilege To Work Prohibited.

(a) A labor union, a labor organizer, or an officer, member, agent, or representative of a labor union may not collect, receive, or demand, directly or indirectly, a fee as a work permit or as a condition for the privilege to work from a person who is not a member of the union.

(b)  Subsection (a) does not prevent the collection of an initiation fee as provided by Section 101.113.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.112.  Excessive Fees Prohibited.

(a) A labor union or an officer, agent, or member of a labor union may not charge or receive initiation fees, dues, fines, or other assessments to create a fund that exceeds the reasonable requirements of the union in carrying out its lawful purposes or activities, if the fees, dues, fines, or other assessments create an undue hardship on an applicant for initiation to the union or on union members.

(b)  Subsection (a) may not be construed to prevent dues or other assessments:

(1)  for a purpose that is beneficial to union members according to established practice, including the maintenance or investment of funds for those beneficial purposes;

(2)  if the members who contribute share in or may reasonably expect to share in the benefits, for:

(A)  old age benefits;

(B)  death and burial benefits;

(C)  hospitalization, unemployment, health and accident, retirement, or other forms of mutual insurance;

(D)  legislative representation;

(E)  a grievance committee;

(F)  gifts, floral offerings, or other charitable purposes; or

(G)  any other legitimate purpose; or

(3)  for placement in a fund to be used by the union in paying its members while they are on strike, if:

(A)  initiation fees are not placed in the fund; and

(B)  the fund remains under the members' control.

(c)  This section shall be liberally construed to prevent excessive initiation fees.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.113.  Advance Fees.

(a) On payment in full by an applicant for labor union membership of all initiation fees or dues regularly assessed by the union, the union shall:

(1)  elect the applicant to membership; or

(2)  immediately return in full the money paid by the applicant.

(b)  On election of an applicant to labor union membership, advance fees paid by the applicant may be used by the union for the purposes for which the fees were advanced.

(c)  A labor union or an officer, agent, or member of a labor union shall collect all fees in good faith. A labor union may not elect a person to membership merely to obtain the person's initiation fee.

(d)  A labor union may not collect an initiation fee from a member and then discharge or suspend the member, or cause the member's employer to discharge the member, without reasonable and just cause.

(e)  A labor union that violates Subsection (d) is subject to the civil penalty provided by Section 101.121.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.114.  Fee Receipt Required.

A labor organizer or an officer, agent, or member of a labor union may not collect a fee, dues, or other sum in connection with membership in a labor union from a person without giving the person at that time a receipt that:

(1)  is signed by the labor organizer, officer, agent, or member; and

(2)  states that the sum of money received is to be:

(A)  delivered to the labor union; and

(B)  held intact until the person has been elected and has become a bona fide voting member of the union.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.115.  Construction Of Fee Restrictions. Sections

101.111, 101.113, and 101.114 may not be construed as preventing any type of bargaining agreement or limiting the bargaining power of a labor union.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.116.  Member In Armed Forces.

A union member who, because of service with the United States armed forces, has been unable to pay any dues or assessment levied by a union to which the member belonged may not be required to make the back payments as a condition to reinstatement in good standing as a member.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.117.  Reasonable Time For Decision On Membership Required.

A labor union may not refuse to give a person desiring membership in the union a reasonable time after obtaining the promise of employment in which to decide whether to join the union as a condition of employment.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.118.  Expulsion Of Member.

(a) A labor union may not expel a union member without:

(1)  good cause; and

(2)  a fair and public hearing by and within the organization, after due notice and an opportunity to be heard on the specific charges alleged.

(b)  On the petition of a member expelled from a labor organization, a court of competent jurisdiction shall order the reinstatement of the member if the member was expelled without good cause.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.119.  Records.

(a) Each labor union in this state shall keep accurate books of accounts that:

(1)  itemize each receipt from any source;

(2)  itemize each expenditure for any purpose; and

(3)  state the source of each receipt and the purpose of each expenditure.

(b)  A member of a labor union is entitled to inspect the books, records, and accounts of the union at any reasonable time.

(c)  The attorney general, or, subject to the attorney general's approval, a district attorney or county attorney, is entitled to inspect on demand the books, records, and accounts of a labor union at any reasonable time.

(d)  The books, records, and accounts of a labor union are open to grand juries and judicial and quasi-judicial inquiries in legal proceedings.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.120.  Reports. A L

abor union required to file reports with the United States Secretary of Labor under Section 201, Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. Section 431) or a successor statute shall file a copy of each report with the secretary of state not later than the 30th day after the date the report was filed with the secretary of labor.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.121.  Civil Penalty.

A labor union that violates a provision of this subchapter is liable for a civil penalty not to exceed $1,000 for each violation. The civil penalty may be recovered in the name of the state, acting through an enforcement officer, in a court of competent jurisdiction.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.122.  Enforcement By Civil Process.

(a) A district court has jurisdiction, on the application of the state acting through an enforcement officer, to issue a restraining order, a temporary or permanent injunction, or any other writ or process appropriate to enforce this subchapter.

(b)  A proceeding under Subsection (a) shall be instituted, prosecuted, and tried in the same manner as another civil case of a similar nature in the district court.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.123.  Offense; Penalty.

(a) A labor union officer or a labor organizer commits an offense if the person violates a provision of this subchapter.

(b)  An offense under this section is a misdemeanor punishable by:

(1)  a fine of not more than $500;

(2)  confinement in the county jail for not more than 60 days; or

(3)  both the fine and confinement.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.124.  Enforcement Officers.

The attorney general, and each district attorney and county attorney, within the attorney's respective jurisdiction, shall:

(1)  prosecute all criminal proceedings under this subchapter; and

(2)  institute and maintain all civil proceedings under this subchapter.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Subchapter D. Picketing

Section  101.151.  Definition.

In this subchapter, "picketing" includes the stationing of a person for an organization to:

(1)  induce anyone not to enter the premises being picketed;

(2)  observe the premises being picketed to ascertain who enters or patronizes the premises; or

(3)  follow employees or patrons of the premises being picketed to or from those premises to observe them or to attempt to dissuade them from entering or patronizing the premises.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.152.  Mass Picketing Prohibited.

(a) A person may not engage in any form of picketing activity in which a picket constitutes any character of obstacle to the free ingress to and egress from an entrance to any premises, either by obstructing the free ingress and egress with the person's body or by placing a vehicle or other physical obstruction.

(b)  In this section, "picket" includes a person:

(1)  stationed by or acting for an organization to:

(A)  induce anyone not to enter the premises being picketed; or

(B)  observe the premises being picketed to ascertain who enters or patronizes the premises; or

(2)  who follows employees or patrons of the premises being picketed to or from those premises to observe them or to attempt to dissuade them from entering or patronizing the premises.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.153.  Use Of Insulting, Threatening, Or Obscene Language Prohibited.

A person may not, by use of insulting, threatening, or obscene language, interfere with or intimidate or seek to interfere with or intimidate another:

(1)  in the exercise of the other person's lawful right to work or to enter on the performance of a lawful vocation; or

(2)  from freely entering or leaving any premises.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.154.  Picketing Intended To Secure Breach Of Labor Agreement Prohibited.

A person may not engage in picketing the purpose of which, directly or indirectly, is to secure the disregard or breach of a valid existing labor agreement arrived at between an employer and the representatives:

(1)  designated by the employees for the purpose of collective bargaining; or

(2)  certified as the bargaining unit under the National Labor Relations Act (29 U.S.C. Section 151 et seq.).

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.155.  Declaration Or Publication Of Continuation Of Enjoined Picketing Prohibited.

A person may not declare or publicize the continued existence of actual or constructive picketing at a point or directed against a premises after a court of competent jurisdiction has enjoined the continuation of that picketing at that point or premises.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.156.  Offense; Penalty. (a) A Person Commits

an offense if the person violates Section 101.152, 101.153, 101.154, or 101.155. Each separate act of violation constitutes a separate offense.

(b)  An offense under this section is a misdemeanor punishable by:

(1)  a fine of not less than $25 nor more than $500;

(2)  confinement in jail for not more than 90 days; or

(3)  both the fine and confinement.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Subchapter E. Secondary Picketing

Section  101.201.  Secondary Picketing Prohibited.

(a) A person may not establish, call, participate in, or aid picketing at or near the premises of an employer with whom a labor dispute does not exist.

(b)  In this section:

(1)  "Employee" includes any person working for another for hire in this state, but does not include an independent contractor.

(2)  "Employer" means any person who engages the services of an employee.

(3)  "Labor dispute" means a controversy concerning wages, hours, or conditions of employment between an employer and employees. A controversy is not a labor dispute if the employees do not have a real and substantial economic interest in the work performed for the employer.

(4)  "Picket" includes a person:

(A)  stationed by or acting in behalf of an organization to:

(i)  induce anyone not to enter the premises being picketed;

(ii)  apprise the public by signs or other means of the existence of a labor dispute at or near the premises being picketed; or

(iii)  observe the premises being picketed to ascertain who enters or patronizes the premises; or

(B)  who follows employees or patrons of the premises being picketed to or from those premises to observe them or to attempt to dissuade them from entering or patronizing the premises.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.202.  Offense; Penalty.

(a) A person commits an offense if the person violates any provision of this subchapter.

(b)  An offense under this section is a misdemeanor punishable by:

(1)  a fine of not more than $500;

(2)  confinement in the county jail for not more than six months; or

(3)  both the fine and confinement.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.203.  Civil Liability.

(a) A person who violates any provision of this subchapter is liable to a person damaged by the violation for the damages resulting from the violation.

(b)  A person damaged by a violation of this subchapter may maintain an action to redress the damage and may obtain injunctive relief.

(c)  An association or labor union that represents or purports to represent a person who violates any provision of this subchapter is jointly and severally liable with the person for the damages resulting from the violation.

(d)  In this section, "labor union" means any incorporated or unincorporated association, group, union, national or local, branch, or subordinate organization of a union of working persons organized and existing in part to protect those persons and to improve their working conditions, wages, or employment relationships and includes the local, state, national, and international affiliates of those organizations.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.204.  Enforcement.

The state, acting through the attorney general or a district attorney or county attorney, may institute a suit in district court to enjoin a person from violating this subchapter.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.205.  Venue.

Venue for a suit or cause of action arising under this subchapter is in:

(1)  the county in which the violation is alleged to have occurred;

(2)  the county in which the defendant resides; or

(3)  if there are two or more defendants, a county in which any defendant resides.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Subchapter F. Liability Of Labor Organization For Damages

Section  101.251.  Definitions.

In this subchapter:

(1)  "Labor organization" means any organization in which employees participate and that exists in whole or in part to deal with one or more employers concerning grievances, labor disputes, wages, hours of employment, or working conditions.

(2)  "Picketing" includes the stationing of a person for an organization to:

(A)  induce anyone not to enter the premises being picketed;

(B)  apprise the public by signs or other means of the existence of a dispute;

(C)  observe the premises being picketed to ascertain who enters or patronizes the premises; or

(D)  follow employees or patrons of the premises being picketed to or from those premises to observe them or to attempt to dissuade them from entering or patronizing the premises.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  101.252.  Liability Of Labor Organization.

A labor organization whose members picket or strike against a person is liable for damages for a loss resulting to the person because of the picketing or strike if a court of competent jurisdiction holds that the picketing or strike is a breach of contract.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Subchapter G. Interference With Right To Work

Section  101.301.  Interference With Right To Work; Liability.

(a) The right of a person to work may not be denied or abridged because of membership or nonmembership in a labor union or other labor organization.

(b)  In the exercise of the right to work, each person shall be free from threats, force, intimidation, or coercion.

(c)  A person who violates this subchapter is liable to a person who suffers from that violation for all resulting damages.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.22, eff. Sept. 1, 1995.



Section  101.302.  Injunctive Relief.

(a) The attorney general or a district or county attorney may bring an action in district court to enjoin a violation of this subchapter.

(b)  The district courts shall grant injunctive relief when a violation of this subchapter is made apparent.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.22, eff. Sept. 1, 1995.



Section  101.303.  Assignment Of District Judge.

Not later than the second day after the receipt of notice of institution of a cause of action under this subchapter, a party to the cause of action may apply to the presiding judge of the administrative judicial region within which the action is brought. The presiding judge shall immediately assign a district judge from within the administrative judicial region who shall hear all proceedings in the cause of action.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.22, eff. Sept. 1, 1995.

Chapter 102. Labor Arbitration

Subchapter A. General Provisions

Section  102.001.  Definition.

In this chapter, "board" means an arbitration board appointed under this chapter.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  102.002.  Dispute Resolution Through Arbitration.

(a) An employer and employees may submit a dispute or grievance resulting from the employer's and employees' work relationship to a board for a hearing and determination.

(b)  An arbitration may not be conducted under this chapter without the consent of all parties involved in the dispute or grievance.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Subchapter B. Selection Of Board And Officers

Section  102.011.  Number Of Board Members.

A board established under this chapter must be composed of five members.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1. 1993.



Section  102.012.  Employer Representation On Board.

The employer may designate two arbitrators to serve on the board.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  102.013.  Employee Representation On Board.

(a) In a dispute or grievance in which the affected employees are members in good standing of a labor organization:

(1)  if the organization is represented by a delegate in a central body, the central body may designate two arbitrators to serve on the board; and

(2)  if the organization is not represented by a delegate in a central body, the organization may designate two arbitrators to serve on the board.

(b)  In a dispute or grievance in which all of the affected employees are not represented by a labor organization, the labor organization in concurrent action with a majority of those employees not represented by a labor organization may designate two arbitrators to serve on the board.

(c)  In a dispute or grievance that concerns two or more classes or grades of employees who belong to different labor organizations, the labor organizations in concurrent action may designate two arbitrators to serve on the board.

(d)  If the employees concerned in the dispute or grievance are not members of a labor organization, those employees shall call a meeting to elect by majority vote two arbitrators to serve on the board.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  102.014.  Chairman.

(a) The four arbitrators selected under Sections 102.012 and 102.013 shall designate a fifth arbitrator who serves as the chairman of the board.

(b)  If an agreement as to a fifth arbitrator cannot be reached under Subsection (a), on notice of any arbitrator a district judge of the district that has jurisdiction over the dispute or grievance shall appoint the fifth arbitrator, who serves as the chairman of the board.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  102.015.  Board Secretary.

The board shall select one member to act as secretary for the board.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  102.016.  Arbitrator's Consent To Act.

(a) An arbitrator selected under this chapter must:

(1)  sign a form consenting to serve as an arbitrator; and

(2)  take and sign an oath administered by an officer authorized to administer oaths to faithfully and impartially discharge the duties of an arbitrator.

(b)  A written copy of the consent form and oath shall be filed with the district clerk for the county in which the arbitration is conducted.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Subchapter C. Powers And Duties Of Board And Officers

Section  102.021.  Powers And Duties Of Board.

(a) A board may adopt and enforce rules to be followed at board hearings.

(b)  The board may set a schedule of sessions and adjournments.

(c)  The board shall hear and examine witnesses who are brought before the board and consider other proof given that is relevant to the matter in dispute.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  102.022.  Chairman's Duties.

(a) The chairman of the board may:

(1)  administer oaths; and

(2)  issue subpoenas for the production of books and papers and the attendance of witnesses.

(b)  The chairman of the board may exercise the powers granted under this section to the same extent as a judge of a court of record in this state.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  102.023.  Issuance Of Subpoenas.

(a) The board's secretary shall sign each subpoena issued under this chapter.

(b)  The board may authorize a person of full age to serve a subpoena issued under this chapter.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Subchapter D. Party Conduct

Section  102.031.  Employee Termination Restricted.

During the period that the arbitration is pending, an employer or receiver or an agent of the employer may not discharge an employee who is a party to the arbitration except for:

(1)  the employee's inefficiency, violation of law, or neglect of duty; or

(2)  the employer's need for a work force reduction.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  102.032.  Prohibitions Against Strikes Or Boycotts.

(a) During the period that arbitration is pending, a labor organization that represents employees who are parties to the arbitration may not order or aid employees in a strike or boycott against the employer or receiver.

(b)  Employees who are parties to the arbitration may not engage in or aid a strike or boycott of the employer or receiver.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Subchapter E. Filings With Board; Hearings

Section  102.041.  Written Submission Of Dispute Or Grievance.

(a) The question to be decided by the board must be submitted to the board in writing, signed by:

(1)  the employer or receiver; and

(2)  the labor organization representing the employees or the employee or any employee or employees to be affected by the arbitration who do not belong to a labor organization.

(b)  The submission must stipulate that:

(1)  pending the arbitration, the status existing before the dispute, grievance, or strike may not be changed;

(2)  the arbitration award shall be filed with the district clerk for the county in which the arbitration is conducted;

(3)  the arbitration award is final and may not be set aside except for an error in law that is apparent on the record;

(4)  the parties will faithfully execute the arbitration award;

(5)  the arbitration award may be enforced in a court of equity;

(6)  an employee dissatisfied with the arbitration award may not end employment because of that dissatisfaction without giving the employer 30 days' written notice of the intention to end employment;

(7)  the award continues in effect until the first anniversary of the initial date of its implementation; and

(8)  a new arbitration of the same subject matter between the same parties may not be entered into during the one year period provided for in Subdivision (7).

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  102.042.  Hearing; Notice.

(a) The board shall conduct a hearing not later than the 10th day after the agreement to arbitrate is filed.

(b)  Each party to the dispute is entitled to receive notice of the time and place of the hearing.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Subchapter F. Court Filings And Orders

Section  102.051.  Arbitration Petition.

A board may submit a written petition signed by a majority of the board to a district judge in the county in which the dispute or grievance arose. The petition must:

(1)  show that the board was selected according to the procedures set forth in this chapter;

(2)  state the nature of the dispute or grievance that is the subject matter of the arbitration; and

(3)  request the judge to issue an order establishing and approving the board.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  102.052.  Court Order Required.

On receipt of a petition filed under Section 102.051, the judge shall issue an order establishing an arbitration board. The order shall refer the matter in dispute to the board for a hearing and determination of the matter in dispute.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  102.053.  Filing Of Petition And Order.

The petition and the subsequent order or a copy of the petition and order shall be filed with the district clerk in the county in which the arbitration is conducted.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Subchapter G. Expenses And Fees

Section  102.061.  Surety Bond.

Before a board considers a dispute or grievance, each party shall file a bond in an amount set by the board and conditioned on the payment of all expenses connected with the arbitration procedure. The bond must have two or more good and sufficient sureties.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  102.062.  Board Member Expenses.

A member of the board is entitled to receive:

(1)  three dollars a day for each day of actual service on the board not to exceed $30; and

(2)  five cents a mile for each mile traveled to and from the place where the board is in session.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  102.063.  Reimbursement Of Witness.

A witness called by the board is entitled to receive:

(1)  50 cents a day for each day's attendance; and

(2)  five cents a mile for each mile traveled by the shortest route to and from a board hearing where the witness' attendance is required.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  102.064.  Fees.

(a) The board may charge fees and mileage paid under Sections 102.062 and 102.063 against either or both parties.

(b)  Fees and mileage charged against a party under this section shall be included in the award.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Subchapter H. Award And Appeals

Section  102.071.  Termination Of Board's Power.

Except as provided by Section 102.072, a board's power ends on the determination of the grievance or dispute by the board.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  102.072.  Additional Dispute Or Grievance.

(a) If, at the time a board renders its determination, a similar grievance or dispute exists between the same class of persons for which a board may be created, those persons may submit the dispute or grievance to the board.

(b)  The board has the same power to act and determine a dispute or grievance submitted under this section as the board would have if it had been created to determine that dispute or grievance.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  102.073.  Copies Of Award; Issuance.

(a) The board shall issue three copies of the arbitration award.

(b)  The board shall:

(1)  file one copy of the award with the district clerk;

(2)  issue one copy of the award to the employer or receiver; and

(3)  issue one copy of the award to the employees or the employees' representative.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  102.074.  Judgment On Award; Effective Date; Exception. (a)

Judgment shall be entered on an award made under this chapter and the award takes effect, unless a timely exception is filed, on the 11th day after the date it is filed with the district clerk under Section 102.073.

(b)  A party may file an exception to an award for a matter of law apparent on the record. The exception must be filed with the court not later than the 10th day after the date on which the award is filed with the district clerk under Section 102.073.

(c)  If an exception is filed, judgment shall be entered on the award and the award takes effect on the 11th day after the date of the decision of the district court on the exception or on appeal from the district court's decision under Section 102.075.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  102.075.  Appeals.

(a) Either party to an arbitration case decided by a district court may file an appeal of the district court's decision not later than the 10th day after the date on which the judgment is entered.

(b)  The decision of the court of appeals under this section is final. The clerk of the court of appeals shall certify the decision and the district court shall enter the judgment.

(c)  If the court of appeals sustains the exception, it shall set aside the award, but the parties may agree on a judgment to be entered disposing of the dispute. A judgment on an agreement entered into under this subsection has the same force and effect of law as a judgment entered on an award by a board of arbitration.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.


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