Law:Title 5. Matters Affecting Public Officers And Employees. Subtitle B. County Officers And Employees from Chapter 160. Grievance Procedure For County Employees (Texas)

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Subtitle B. County Officers And Employees

Contents

Chapter 160. Grievance Procedure For County Employees

Section  160.001.  Policy.

The purpose of this chapter is to provide reasonable, standardized grievance procedures for certain counties and their employees because:

(1)  it is the policy of this state that the right of public employees to present, individually or through a representative that does not claim the right to strike, grievances concerning their wages, hours of work, or conditions of work should continue unimpaired; and

(2)  the application of that policy creates a need for reasonable, standardized procedures for certain populous counties and their employees.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28, 1989.



Section  160.002.  Counties And Employees Affected.

This chapter applies only to a county with a population of more than 2.4 million and its employees, including but not limited to the employees of road and bridge districts, flood control districts, and juvenile probation departments in the county. However, this chapter does not apply to the employees of a sheriff's department.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28, 1989. Amended by Acts 2003, 78th Leg., ch. 632, Sec. 1, eff. Sept. 1, 2003.



Section  160.003.  Definition.

In this chapter, "grievance" means a claim by an employee that the employee was adversely affected by a violation, misinterpretation, misapplication, or disparity in the application of a specific law, ordinance, resolution, written or unwritten policy, or rule regarding wages, hours of work, or conditions of work.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28, 1989.



Section  160.004.  Procedure In General.

A grievance must be presented and adjusted in accordance with the grievance procedures prescribed by this chapter.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28, 1989.



Section  160.005.  Standardized Grievance Procedure.

(a) The commissioners court of the county shall enact orders to provide for:

(1)  filing of written grievances;

(2)  written responses to the grievance allegations;

(3)  procedures for appeal to an appointed county grievance resolutions committee;

(4)  further appeal to the commissioners court;

(5)  presentation of grievances by an employee's requested representative;

(6)  reasonable leave with pay for the presentation of grievances; and

(7)  other necessary procedures to permit effective implementation of this chapter.

(b)  The orders and procedures shall apply equally to all employees of the county, including employees of independent elected officials, and shall provide for reasonable timetables for filing and responding to grievances.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28, 1989.



Section  160.006.  No Retaliation Or Reprisal.

(a) An employee may not be made subject to retaliation, reprisal, or discrimination on account of having exercised any right or participated in any procedure established by this chapter. A supervisor or management official may not be made subject to retaliation, reprisal, or discrimination because of any grievance adjustment offered under this chapter to an employee with a grievance or because of testifying on any employee's behalf during a grievance procedure under this chapter.

(b)  A district court of appropriate venue may enjoin a violation of this section. The court may order, in addition to other relief, the mandatory reinstatement and the payment of back pay for individuals discharged, suspended, or demoted in violation of this section.

(c)  An individual suffering retaliation, reprisal, or discrimination in violation of this section is entitled to reasonable attorney's fees as a result of successful court action regarding the retaliation, reprisal, or discrimination.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28, 1989.



Section  160.007.  Prospective Application Of Chapter And Amended Order.

(a) This Act applies only to a grievance based on events that occur on or after June 20, 1987.

(b)  If the commissioners court amends an order adopted under this chapter, the amended order does not apply to a grievance alleged to have occurred before the date of the amended order.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28, 1989.


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