HB 318/LM (BR 959) - J. Jenkins, L. Belcher, T. Burch, L. Clark, J. Gray, C. Hoffman, D. Horlander, M. Marzian, R. Meeks, C. Miller, D. Owens, J. Richards, K. Stein, J. Wayne, R. Weston
AN ACT relating to labor-management negotiations.
Create new sections of KRS Chapter 336 to establish definitions for purposes of collective bargaining; create a 3-member, full-time State Employment Relations Board appointed by the Governor, subject to Senate confirmation; authorize board to hire staff, create a bureau of mediation, conduct studies, hold hearings attach board to the Department of Labor; authorize collective bargaining for eligible public employees including representation by an employee organization, but excluding the right to strike; require a public employer to permit an exclusive bargaining representative to represent employees in a bargaining unit for not more than 4 years; 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; establish mechanism for a public employee organization to become an exclusive bargaining representative; create a new section of KRS Chapter 336 to authorize the board to make final designation of a bargaining unit; require institutions in the post-secondary education system to have separate bargaining units if consistent with accreditation standards; prohibit alteration of an agreement in effect on the effective date of this Act; 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 receiving a voluntary check off of dues; permit the board to hold hearings and conduct elections to certify or decertify exclusive bargaining representatives; 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 and supervise employees; exempt public employer from requirement to bargain on subjects reserved to the management; require that collective bargaining agreements shall be in writing; permit the agreement to include a grievance procedure that shall end with binding arbitration; require the agreement to contain a provision that requires fair share payments; provide that fair share payments shall not exceed union dues; require employee organization to develop an internal provision that provides a rebate of expenditures used for political purposes; exempt nonparticipation in an employee organization, financial or otherwise, for religious purposes, but require contribution to charity; prohibit agreement that requires membership in an employee organization as a condition of securing or retaining employment; require that an agreement shall expire no later than 4 years from the date of execution; require any collective bargaining agreement with a public employer whose chief executive is elected, except the Commonwealth, not to extend beyond June 30 of the year after the chief executive is elected; 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; require that existing laws on unemployment insurance, workers' compensation, wages and hours, and other issues shall prevail if in conflict with an agreement; provide that nothing in the Act shall prohibit agreements to establish supplemental workers' compensation or unemployment insurance benefits; require agreement to be divided into two sections: 1) provisions over which a chief executive officer has jurisdiction, 2) provisions requiring approval of a governing body; permit a chief executive officer to negotiate wages, benefits and other conditions of employment including the changes in the merit systems or personnel policies; 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; 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 2009 regular session of the General Assembly for the year 2009 provided that the agreement does not require supplemental appropriations; 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; require the board to hear and determine jurisdictional work disputes; authorize the board to seek temporary or injunctive relief where appropriate; establish procedure and time frame for appealing orders of the board; 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; permit various options and establish procedures, including mediation and arbitration, for resolving disputes; provide that unresolved issues will be governed by prior agreements or public employer policy; permit the public employer with the written permission of the exclusive bargaining organization to implement its last best offer regarding one or more of the unresolved issues; require the board to promulgate administrative regulations to implement this Act; prohibit 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; provide for termination of an employee for instigating a strike; 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; if impasse occurs and no agreement is reached by Nov. 1 of the year the request is filed, either party may request mediation, mediator shall provide services until Dec. 1, and if the mediator decides that mediation cannot help, unresolved issues will be submitted to fact finding; require the Commonwealth to negotiate and bargain in good faith with an exclusive bargaining representative of public employees certified before January 1, 2009; require that records, charges, complaints, evidence, orders and other proceedings of the board shall be subject to the open records law, KRS Chapter 61; require public employee organizations to register and file reports with the board; prohibit conflicts of interests; and require liberal construction of the provisions of the Act.
HB 318 - AMENDMENTS
HFA (1, B. Farmer) - Amend to exempt postsecondary education.
HFA (2, B. Farmer) - Delete provisions and request the Legislative Research Commission to direct the Interim Joint Committee on Labor and Industry to study collective bargaining for public employees and its impact on state and local governments.
Feb 6-introduced in House
Feb 12-to State Government (H)
Feb 20-posted in committee
Feb 23-reassigned to Labor & Industry (H)
Feb 27-posting waived
Mar 1-reported favorably, 1st reading, to Calendar
Mar 2-2nd reading, to Rules; floor amendments (1) and (2) filed
Mar 7-recommitted to Appropriations & Revenue (H)