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REFERENCE TITLE: state employees; meet and confer |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SB 1563 |
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Introduced by Senator Gallardo; Representatives Miranda R, Tovar
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AN ACT
amending title 38, Arizona Revised Statutes, by adding chapter 9; relating to state employees' organizational rights.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 38, Arizona Revised Statutes, is amended by adding chapter 9, to read:
CHAPTER 9
STATE EMPLOYEES' ORGANIZATIONAL RIGHTS
ARTICLE 1. GENERAL PROVISIONS
38-1201. State employees; employee organizations; terms and conditions of employment; definition
A. Any department of this state is recognized as the sole and exclusive authority pursuant to law with respect to determining the level of and the manner in which that department's activities are conducted, managed and administered. It is the exclusive right of the director of any department of this state to establish and maintain departmental rules and procedures for the administration of that department.
B. Department employees or employee organizations shall not engage in a sickout, work slowdown or strike or any other action that will disrupt the delivery of services.
C. This section shall not be construed to:
1. Affect or limit the existing right of any department of this state to:
(a) Direct the work of department employees.
(b) Hire, promote, demote, transfer, assign and retrain department employees.
(c) Suspend, discharge or discipline department employees.
(d) Maintain the efficiency of governmental operations.
(e) Relieve department employees from job responsibilities due to lack of work or other legitimate reasons.
2. Invalidate or limit other rights, remedies or procedures of this state relating to any issue of employment of department employees.
D. Any department of this state shall:
1. Allow department employees the right to join employee organizations.
2. Recognize that an employee organization that has at least one thousand state employees as members will have a seat at the bargaining table.
3. Agree to meet and confer with those employee organizations that meet the minimum membership requirements regarding hours, wages and benefits and terms and conditions of employment.
4. Commit any agreements to writing in a contract.
E. The recognized employee organization and any department of this state shall meet and confer on a regular basis, at least once every two years, to discuss hours of employment and other conditions of employment of department employees. On the request of the employee organization, any department of this state shall meet and confer with the employee organization in good faith at reasonable times. If any department of this state and the employee organization reach an agreement, the agreement shall be submitted to the governor for consideration pursuant to subsection G.
F. If an agreement is not reached and the possibility of settlement is remote after the parties meet and confer for a reasonable period of time, any department of this state or the employee organization may offer to the other party a written request to begin a mediation process. The mediation process shall be voluntary and binding. The mediation process shall use a neutral third-party mediator to assist the parties in reaching a voluntary agreement. During the mediation process, each party shall agree to make a good faith attempt to resolve the issues, to cooperate with the mediator and to be open, candid and complete. The mediator shall only facilitate the meet and confer process and shall not impose any term of the agreement on the parties. If the parties reach an agreement during the mediation process, the agreement shall be submitted to the governor for consideration pursuant to subsection G. If the mediation process does not resolve all disputed issues between the parties, either party may advise the governor of the issues that remain in dispute.
G. The governor shall review any agreement or proposed compromise that is reached under this section. Any agreement or compromise is subject to all applicable statutory limitations for any department of this state. The final decision by the governor shall be binding.
H. Any department of this state shall record the proceedings of each meeting with the qualified employee organization.
I. For the purposes of this section, "employee organization" means any organization or employee union or association in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, training, hours of employment or other conditions of employment.