Legislation enacted in 2022 granted legislative employees the right to organize, bargain collectively, and to refrain from any or all such activities, effective May 1, 2024. Collective bargaining negotiations for legislative employees may commence after May 1, 2024, but no agreement may take effect prior to July 1, 2025.
The Public Employment Relations Commission (PERC) shall determine all questions pertaining to ascertaining exclusive bargaining representatives and collectively bargaining. An employee organization cannot be certified as the exclusive bargaining representative, unless it receives the votes of a majority of employees in the petitioned-for bargaining unit in a secret election by mail ballot, administered by the PERC.
Bargaining over management rights is prohibited. Management rights, in addition to all powers, duties, and rights established by constitutional provision or statute, includes: (1) the functions and programs of the employer, the use of technology, and the structure of the organization, including the size and composition of standing committees; (2) the right to direct and supervise employees; (3) the employer's budget and size of the workforce and financial basis for layoffs; (4) the hours of work during legislative session and the cutoff calendar; and (5) retirement plans and retirement benefits.
The right to strike, refuse to perform official duties, or engage in work stoppages during a legislative session or legislative committee assembly days is not granted.
The 2022 legislation also created the Office of State Legislative Labor Relations (OSLLR) to assist the House of Representatives (House), the Senate, and legislative agencies in implementing and managing the process of collective bargaining. The Director of the OSLLR has the duty to conduct negotiations on behalf of the employer.
Applicability.
For purposes of determining the applicability of the collective bargaining statutes, the term "employee" is defined as:
All other regular employees and temporary employees, including casual employees, interns, and pages, and employees in the Office of Program Research and Senate Committee Services are excluded from the definition.
The collective bargaining statutes do not apply to:
For purposes of collective bargaining, the "employer" means:
Scope of Bargaining.
The matters subject to bargaining include wages, hours, terms and conditions of employment, and the negotiation of any question arising under a collective bargaining agreement (CBA). The following are added to the list of prohibited subjects of bargaining:
The prohibition on bargaining over hours of work during legislative session does not prohibit bargaining over compensation for hours worked in excess of 40 hours in a work week in agreements that take effect after July 1, 2027.
Coalition Bargaining.
Negotiation for economic terms will be by a coalition of all exclusive bargaining representatives. Supplemental bargaining of bargaining unit specific issues is allowed.
Authority of Public Employment Relations Commission and the Courts.
The PERC or the court must determine all questions described by the collective bargaining statutes as being under the PERC's authority, except that such authority may not result in an order or rule that intrudes upon or interferes with the Legislature's core function of efficient and effective law making or the essential operation of the Legislature. An order or rule may not:
No member of the Legislature may be compelled by subpoena or other means to attend a proceeding related to matters covered by the collective bargaining statutes during a legislative session, committee assembly days, or for 15 days before commencement of each session.
The PERC must adopt rules that provide for at least the following:
Certification of an Exclusive Bargaining Representative and Bargaining Units.
The requirement that certification of the exclusive bargaining representative be by a vote in a secret election by mail ballot is amended to remove the requirement for mail ballots. Questions concerning representation may not be raised if fewer than 12 months have passed since the last certification or election. In addition, if a valid CBA exists covering the unit, no questions concerning representation may be raised except for the period of no more than 120 calendar days, nor less than 90 calendar days before the expiration of the contract.
In each application for certification of an exclusive bargaining representative and after hearing upon reasonable notice to all interested parties, the PERC must decide the bargaining units appropriate for certification. The PERC must consider the: (1) duties, skills, and working conditions of the employees; (2) history of collective bargaining; (3) extent of organization among the employees; (4) desires of the employees; and (5) avoidance of excessive fragmentation.
A bargaining unit is not appropriate if it includes:
If a single employee organization is the exclusive bargaining representative for two or more units, upon petition of the employee organization, the units may be consolidated into a single larger unit if the PERC considers the larger unit to be appropriate. The certified exclusive bargaining representative is responsible for representing the interests of all the employees in the bargaining unit. However, the exclusive bargaining representative has discretion to refuse to process grievances of employees that are unmeritorious.
Mediation in the Event of Impasse.
If the parties fail to reach agreement in negotiating a CBA, either party may request mediation through the PERC. If a previously negotiated CBA expires while negotiations are underway, the terms and conditions specified in the CBA remain in effect for up to one year from the expiration date. Thereafter, the employer may unilaterally implement according to law.
The parties may agree to substitute, at their own expense, their own procedure for resolving impasses or to use any other governmental or other agency or person in lieu of the PERC.
Grievance Procedures.
A CBA must contain provisions for a grievance procedure of all disputes arising over the interpretation or application of the CBA. Procedures are established for arbitration if the parties agree to final and binding arbitration under grievance procedures. The arbitrator's award is subject to the same limits applicable to orders by the PERC and the court.
Dues.
Procedures are established for the payment of dues. Upon authorization of an employee within the bargaining unit, and after certification or recognition of the unit's exclusive bargaining representative, the employer must deduct from payments to the employee the monthly amount of dues as certified by the exclusive bargaining representative's secretary. The employer must transmit the amount to the exclusive bargaining representative's treasurer.
The employee's written, electronic, or recorded voice authorization to have the employer deduct membership dues from the employee's salary must be made by the employee to the exclusive bargaining representative.
The employee's authorization remains in effect until expressly revoked by the employee. The employee's request to revoke must be in writing and submitted to the exclusive bargaining representative. After the employer receives confirmation of the employee's revocation, the employer must end deductions no later than the second payroll after receipt of the confirmation.
Unfair Labor Practices.
The PERC is empowered and directed to prevent any unfair labor practice (ULP) and to issue appropriate remedial orders. A complaint may not be processed for any ULP occurring more than six months before the filing of the complaint with the PERC or with the court.
The expression of any views, arguments, or opinions, or the dissemination thereof in any form, by a member of the Legislature related to the legislative staff collective bargaining statutes or matters within the scope of representation does not constitute an unfair labor practice, unless the employer has authorized the member to express that view, argument, or opinion on behalf of, or as, the employer.
Access to New Employees.
The employer must provide the exclusive bargaining representative reasonable access to new employees of the bargaining unit for the purpose of presenting information about the exclusive bargaining representative to the new employees. The presentation may occur at a new employee orientation or at another time mutually agreed to by the employer and the bargaining representative. No employee may be mandated to attend the meetings or presentations by the exclusive bargaining representative.
Reasonable access means that the access occurs within 90 days of the employee's start date and the access is for no less than 30 minutes. The access must occur during the employee's regular work hours at the employee's regular worksite, unless another time and place is mutually agreed to by the employer and bargaining representative.
Strikes.
The time period limiting the strike provision to legislative session and committee assembly days is removed.
Ethics in Public Service.
The following activities conducted by or on behalf of legislative employees related to collective bargaining are exempt from state ethics restrictions relating to conflicts of interest and use of public resources:
The exceptions do not affect the application on the prohibition against the use of special privileges, confidentiality requirements, or other applicable provisions of the Ethics in Public Service Act, nor do the exceptions permit any direct lobbying by a legislative employee.
Miscellaneous Provisions.
The OSLLR Director's duties include establishing bargaining teams.
Procedures are created for the OSLLR Director to submit ratified CBAs, with cost estimates, to the employer and for submitting a request for funds necessary to implement the CBA to be included in the Governor's budget.
Provisions are established to determine effective dates of a CBA agreed to after the termination date of the previous CBA.
Definitions.
Definitions for terms are provided, including definitions for "confidential employee," "employee with managerial authority," and "supervisor."