HB 760/LM (BR 2568) - J. Gray, H. Anderson, T. Burch, De. Butler, L. Clark, P. Clark, P. Hatcher Jr, D. Horlander, J. Jenkins, E. Jordan, A. Maricle, M. Marzian, C. Miller, F. Nesler, T. Riner, C. Siler, K. Stein, J. Wayne
AN ACT relating to labor-management negotiations.
Create a new section of KRS Chapter 336 to establish definitions for purposes of collective bargaining, including definitions for eligible employee, public employer (Commonwealth and a political subdivision with at least twenty eligible employees, including first through fourth class cities, counties, etc.), public employee organization, exclusive bargaining representative, teacher, bargain collectively, strike, professional employee, confidential employee; firefighter, and police officers; create a new section of KRS Chapter 336 to create a 3-member, full-time State Employment Relations Board appointed by the Governor, subject to Senate confirmation, to serve 4 year terms, be paid the same salary as District Judges, hire staff, create a bureau of mediation, conduct studies, hold hearings, be attached to the Labor Cabinet, and to perform other functions to facilitate the collective bargaining process; create a new section of KRS Chapter 336 to authorize eligible public employees to form, join, assist, participate, or refuse to participate in employee organizations; be represented by an employee organization; and to bargain collectively, excluding the right to strike; create a new section of KRS Chapter 336 to require a public employer to permit an exclusive bargaining representative to represent employees in a bargaining unit for not more than 4 years following certification by the board; require a public employer to bargain with the exclusive bargaining representative, except that the parties are not compelled to agree to a proposal or to make a concession; require a public employer to deduct dues and fair share payments; create a new section of KRS Chapter 336 to establish mechanism for a public employee organization to become an exclusive bargaining representative either through an election or filing a request with the board for recognition; prohibit a public employer from recognizing, or the board to certify, a public employee organization as an exclusive bargaining representative if there is an agreement between the public employer and another public employee organization that has, on the effective date of this Act, been recognized by the public employer as the exclusive bargaining representative; and require certified employee organization to become a member of any and all combines seeking to represent eligible employees of a public employer; create a new section of KRS Chapter 336 to authorize the board to make final designation of a bargaining unit; determine on a case by case basis the bargaining status of individual employees; permit 2 or more employee organizations to form a combine to represent all eligible employees in a bargaining unit; permit a public employee organization to be a member of more than one combine; require dues structure of all members of the combine to be uniform, except that a professional organization may have a different dues structure; require petitions for representation to include all employees, except that professional employees (teachers, firefighters, police officers) may petition to be represented by a professional organization; and require that each post-secondary institution shall be included in separate bargaining units; create a new section of KRS Chapter 336 to require that if a public employer has granted exclusive recognition to a public employee organization through a written contract, agreement, etc. as the exclusive bargaining representative of any or all of the eligible employees, the status of that employee organization shall be the same as other exclusive bargaining representatives as to the time it is effective; provide that a public employee organization recognized as the exclusive bargaining representative shall be deemed certified until challenged by another public employee organization and certified by the board, or until it is decertified by the board; prohibit a public employer to terminate or refuse to make payroll deduction of dues, fees, or assessments on behalf of any exclusive bargaining representative, except that deductions may not continue if another public employee organization has been certified, or if the exclusive bargaining representative has violated an agreement or engaged in unlawful activities; require a public employer to deduct dues and fair share payments from the wages of employees when an exclusive bargaining representative has been certified; prohibit alteration of an agreement in effect on the effective date of this Act, between the public employer and an exclusive bargaining representative for a skilled craft unit; and permit a nonprofit, voluntary, organization that has traditionally engaged in processing of grievances for public employees, on or before the effective date of the Act, to continue providing those services and receive a voluntary check off of dues, unless the public employees are represented by an exclusive bargaining representative; create a new section of KRS Chapter 336 to provide that the board may hold hearings and conduct elections to certify or decertify exclusive bargaining representatives; authorize the board to certify an exclusive bargaining representative if it determines that a fair election cannot occur because of an employer's unfair labor practices and that a public employee organization previously had the support of the majority of employees in the unit; provide that representation elections shall be by secret ballot; prohibit certification of an employee organization unless it receives a majority of the valid votes cast; require a choice of "no representation" in an election; and prohibit filing of petitions for elections sooner than 120 days or later than 90 days prior to the expiration of an agreement, unless the parties enter into a new agreement; create a new section of KRS Chapter 336 to designate wages, hours, and other conditions of employment as appropriate subjects of collective bargaining; exclude merit system classification system and procedures from bargaining process; preserve right of the public employer to determine policy, supervise and discipline employees, and to conduct other activities necessary to carry out the mission and purpose of the public employer; exempt the public employer from a requirement to bargain on subjects reserved to the management and direction of the governmental unit except those that affect wages, hours, and other terms and conditions of employment, and continuation, modification, or termination of an existing agreement; create a new section of KRS Chapter 336 to require that collective bargaining agreements shall be in writing and that both the public employer and the exclusive bargaining representative have responsibility for executing the agreement; permit the agreement to include a grievance procedure, authorization for the public employer to deduct dues, initiation fees, and assessment of the exclusive bargaining representative upon written authorization of the employee; require the agreement to contain a provision that requires, as a condition of employment, that employees in the unit who are not members of the employee organization pay fair share payments; provide that fair share payments shall not exceed union dues; require employee organization to develop an internal rebate provision that conforms to federal law which provides a rebate of expenditures used for political purposes; exempt nonparticipation in an employee organization, financial or otherwise, for religious purposes, but require contribution by the employee to charity; prohibit agreement that requires membership in an employee organization as a condition of securing or retaining employment; and require that an agreement shall expire no later than 4 years from the date of execution; create a new section of KRS Chapter 336 to provide that an agreement between the public employer and public employee organization shall govern wages, hours, and terms and conditions of employment, except that applicable state and federal law shall apply in the absence of an agreement, or if the agreement is silent on an issue; require that existing laws on unemployment insurance, workers' compensation, wages and hours, and other issues shall prevail if in conflict with an agreement; permit a chief executive officer of a public employee to enter into an agreement with an exclusive bargaining representative over matters within the chief executive's jurisdiction; permit a chief executive officer to negotiate wages and benefits and submit proposed changes to the governing body; provide that the chief executive officer of the public employer is responsible for submitting any finalized agreement to the governing body for approval or disapproval; provide that if all eligible public employees of the Commonwealth are represented by an exclusive bargaining representative certified by the board, an elected official shall negotiate in good faith, and signed agreements shall be binding on all parties relative to their respective authority; authorize the Governor or other statewide elected constitutional officer to sign and execute a collective bargaining agreement reached with respect to eligible public employees under their control prior to the regular session of the General Assembly for the year 2000, provided that the agreement does not require supplemental appropriations for personnel or changes in state law; create a new section of KRS Chapter 336 to enumerate and prohibit unfair labor practices; prohibit picketing unless notice of at least one day is given to the public employer; permit suits for damages resulting from unfair labor practices; and require the board to hear and determine jurisdictional work disputes; create a new section of KRS Chapter 336 to require the board to investigate and hold hearings, if necessary, to resolve allegations of unfair labor practices and establish time frame; authorize the board to take affirmative action with regard to unfair labor practices, including ordering reinstatement and backpay, suspension from employment, and imposition of fees; authorize the board to seek temporary or injunctive relief where appropriate; create a new section of KRS Chapter 336 to establish procedure and time frame for appealing orders of the board to the Circuit Court; provide that the findings of the board, if substantiated by evidence, shall be conclusive; provide that the county in which the alleged unfair labor practice occurred shall determine the appropriate Circuit Court for appeals; create a new section of KRS Chapter 336 to require a public employer or an exclusive bargaining representative that seeks to terminate or modify an existing collective bargaining agreement to provide written notice to the other party; offer to bargain collectively to effect termination or modification; notify the board; permit various options, including arbitration, conciliation, and fact finding, for resolving disputes if bargaining is unsuccessful; require the conciliator to issue a report; provide that if the report is rejected by the parties, the governing body shall take whatever action is necessary in the public interest; require each party to be mutually responsible for the cost of the final offer settlement procedures, and conciliators to be residents of the state; require the parties to bargain for a period of 60 days after Circuit Court has issued an injunction to protect the health and safety of the public; create a new section of KRS Chapter 336 to prohibit strikes or instigation of strikes; require suspension or revocation of certification, cessation of dues deductions, and fines for an exclusive bargaining representative involved in prohibited strike activities; withhold pay and impose a fine on a public employee for engaging in prohibited strike activities; and provide for termination of an employee for instigating a strike; create a new section of KRS Chapter 336 to establish negotiation and impasse procedures applicable to the Commonwealth and an exclusive bargaining representative of state employees; require written requests for bargaining to be submitted by the exclusive bargaining representative to the Governor, or appropriate statewide elected official, no later than September 1 of odd numbered years for agreements to become effective on the following July 1; and provide that collective bargaining agreements between the Commonwealth and an exclusive bargaining representative for state employees shall extend for 4 year periods commencing on July 1 of the first odd numbered year following the year in which the Governor is elected, except that wage and compensation issues shall be renegotiated every 2 years and submitted to the General Assembly for approval; require the Commonwealth to negotiate and bargain in good faith with an exclusive bargaining representative of public employees certified before January 1, 2000, except that the economic terms of the agreement shall be within the limitations of established appropriations and that the agreement shall expire on June 30, 2001; create a new section of KRS Chapter 336 to require that records, charges, complaints, evidence, orders and other proceedings of the board shall be subject to the open records law, KRS Chapter 61; create a new section of KRS Chapter 336 to prohibit refusal to obey orders of the court or the board; create a new section of KRS Chapter 336 to require public employee organizations to register and file reports with the board; create a new section of KRS Chapter 336 to prohibit conflicts of interests; create a new section of KRS Chapter 336 to require liberal construction of the provisions of the Act and provide for severability; amend various sections of KRS Chapter 78 to conform; and repeal KRS Chapter 345 and sections of KRS Chapter 78 relating to collective bargaining for police officers and firefighters to conform.
Feb 27-introduced in House
Mar 2-to Labor and Industry (H)