CHAPTER 102. LABOR ARBITRATION - Texas Statutes

LABOR CODE

TITLE 3. EMPLOYER-EMPLOYEE RELATIONS

CHAPTER 102. LABOR ARBITRATION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 102.001. DEFINITION. In this chapter, "board" means an

arbitration board appointed under this chapter.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 102.002. DISPUTE RESOLUTION THROUGH ARBITRATION. (a) An

employer and employees may submit a dispute or grievance

resulting from the employer's and employees' work relationship to

a board for a hearing and determination.

(b) An arbitration may not be conducted under this chapter

without the consent of all parties involved in the dispute or

grievance.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

SUBCHAPTER B. SELECTION OF BOARD AND OFFICERS

Sec. 102.011. NUMBER OF BOARD MEMBERS. A board established

under this chapter must be composed of five members.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1. 1993.

Sec. 102.012. EMPLOYER REPRESENTATION ON BOARD. The employer

may designate two arbitrators to serve on the board.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 102.013. EMPLOYEE REPRESENTATION ON BOARD. (a) In a

dispute or grievance in which the affected employees are members

in good standing of a labor organization:

(1) if the organization is represented by a delegate in a

central body, the central body may designate two arbitrators to

serve on the board; and

(2) if the organization is not represented by a delegate in a

central body, the organization may designate two arbitrators to

serve on the board.

(b) In a dispute or grievance in which all of the affected

employees are not represented by a labor organization, the labor

organization in concurrent action with a majority of those

employees not represented by a labor organization may designate

two arbitrators to serve on the board.

(c) In a dispute or grievance that concerns two or more classes

or grades of employees who belong to different labor

organizations, the labor organizations in concurrent action may

designate two arbitrators to serve on the board.

(d) If the employees concerned in the dispute or grievance are

not members of a labor organization, those employees shall call a

meeting to elect by majority vote two arbitrators to serve on the

board.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 102.014. CHAIRMAN. (a) The four arbitrators selected

under Sections 102.012 and 102.013 shall designate a fifth

arbitrator who serves as the chairman of the board.

(b) If an agreement as to a fifth arbitrator cannot be reached

under Subsection (a), on notice of any arbitrator a district

judge of the district that has jurisdiction over the dispute or

grievance shall appoint the fifth arbitrator, who serves as the

chairman of the board.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 102.015. BOARD SECRETARY. The board shall select one

member to act as secretary for the board.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 102.016. ARBITRATOR'S CONSENT TO ACT. (a) An arbitrator

selected under this chapter must:

(1) sign a form consenting to serve as an arbitrator; and

(2) take and sign an oath administered by an officer authorized

to administer oaths to faithfully and impartially discharge the

duties of an arbitrator.

(b) A written copy of the consent form and oath shall be filed

with the district clerk for the county in which the arbitration

is conducted.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

SUBCHAPTER C. POWERS AND DUTIES OF BOARD AND OFFICERS

Sec. 102.021. POWERS AND DUTIES OF BOARD. (a) A board may

adopt and enforce rules to be followed at board hearings.

(b) The board may set a schedule of sessions and adjournments.

(c) The board shall hear and examine witnesses who are brought

before the board and consider other proof given that is relevant

to the matter in dispute.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 102.022. CHAIRMAN'S DUTIES. (a) The chairman of the board

may:

(1) administer oaths; and

(2) issue subpoenas for the production of books and papers and

the attendance of witnesses.

(b) The chairman of the board may exercise the powers granted

under this section to the same extent as a judge of a court of

record in this state.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 102.023. ISSUANCE OF SUBPOENAS. (a) The board's secretary

shall sign each subpoena issued under this chapter.

(b) The board may authorize a person of full age to serve a

subpoena issued under this chapter.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

SUBCHAPTER D. PARTY CONDUCT

Sec. 102.031. EMPLOYEE TERMINATION RESTRICTED. During the

period that the arbitration is pending, an employer or receiver

or an agent of the employer may not discharge an employee who is

a party to the arbitration except for:

(1) the employee's inefficiency, violation of law, or neglect of

duty; or

(2) the employer's need for a work force reduction.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 102.032. PROHIBITIONS AGAINST STRIKES OR BOYCOTTS. (a)

During the period that arbitration is pending, a labor

organization that represents employees who are parties to the

arbitration may not order or aid employees in a strike or boycott

against the employer or receiver.

(b) Employees who are parties to the arbitration may not engage

in or aid a strike or boycott of the employer or receiver.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

SUBCHAPTER E. FILINGS WITH BOARD; HEARINGS

Sec. 102.041. WRITTEN SUBMISSION OF DISPUTE OR GRIEVANCE. (a)

The question to be decided by the board must be submitted to the

board in writing, signed by:

(1) the employer or receiver; and

(2) the labor organization representing the employees or the

employee or any employee or employees to be affected by the

arbitration who do not belong to a labor organization.

(b) The submission must stipulate that:

(1) pending the arbitration, the status existing before the

dispute, grievance, or strike may not be changed;

(2) the arbitration award shall be filed with the district clerk

for the county in which the arbitration is conducted;

(3) the arbitration award is final and may not be set aside

except for an error in law that is apparent on the record;

(4) the parties will faithfully execute the arbitration award;

(5) the arbitration award may be enforced in a court of equity;

(6) an employee dissatisfied with the arbitration award may not

end employment because of that dissatisfaction without giving the

employer 30 days' written notice of the intention to end

employment;

(7) the award continues in effect until the first anniversary of

the initial date of its implementation; and

(8) a new arbitration of the same subject matter between the

same parties may not be entered into during the one year period

provided for in Subdivision (7).

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 102.042. HEARING; NOTICE. (a) The board shall conduct a

hearing not later than the 10th day after the agreement to

arbitrate is filed.

(b) Each party to the dispute is entitled to receive notice of

the time and place of the hearing.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

SUBCHAPTER F. COURT FILINGS AND ORDERS

Sec. 102.051. ARBITRATION PETITION. A board may submit a

written petition signed by a majority of the board to a district

judge in the county in which the dispute or grievance arose. The

petition must:

(1) show that the board was selected according to the procedures

set forth in this chapter;

(2) state the nature of the dispute or grievance that is the

subject matter of the arbitration; and

(3) request the judge to issue an order establishing and

approving the board.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 102.052. COURT ORDER REQUIRED. On receipt of a petition

filed under Section 102.051, the judge shall issue an order

establishing an arbitration board. The order shall refer the

matter in dispute to the board for a hearing and determination of

the matter in dispute.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 102.053. FILING OF PETITION AND ORDER. The petition and

the subsequent order or a copy of the petition and order shall be

filed with the district clerk in the county in which the

arbitration is conducted.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

SUBCHAPTER G. EXPENSES AND FEES

Sec. 102.061. SURETY BOND. Before a board considers a dispute

or grievance, each party shall file a bond in an amount set by

the board and conditioned on the payment of all expenses

connected with the arbitration procedure. The bond must have two

or more good and sufficient sureties.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 102.062. BOARD MEMBER EXPENSES. A member of the board is

entitled to receive:

(1) three dollars a day for each day of actual service on the

board not to exceed $30; and

(2) five cents a mile for each mile traveled to and from the

place where the board is in session.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 102.063. REIMBURSEMENT OF WITNESS. A witness called by the

board is entitled to receive:

(1) 50 cents a day for each day's attendance; and

(2) five cents a mile for each mile traveled by the shortest

route to and from a board hearing where the witness' attendance

is required.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 102.064. FEES. (a) The board may charge fees and mileage

paid under Sections 102.062 and 102.063 against either or both

parties.

(b) Fees and mileage charged against a party under this section

shall be included in the award.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

SUBCHAPTER H. AWARD AND APPEALS

Sec. 102.071. TERMINATION OF BOARD'S POWER. Except as provided

by Section 102.072, a board's power ends on the determination of

the grievance or dispute by the board.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 102.072. ADDITIONAL DISPUTE OR GRIEVANCE. (a) If, at the

time a board renders its determination, a similar grievance or

dispute exists between the same class of persons for which a

board may be created, those persons may submit the dispute or

grievance to the board.

(b) The board has the same power to act and determine a dispute

or grievance submitted under this section as the board would have

if it had been created to determine that dispute or grievance.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 102.073. COPIES OF AWARD; ISSUANCE. (a) The board shall

issue three copies of the arbitration award.

(b) The board shall:

(1) file one copy of the award with the district clerk;

(2) issue one copy of the award to the employer or receiver; and

(3) issue one copy of the award to the employees or the

employees' representative.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 102.074. JUDGMENT ON AWARD; EFFECTIVE DATE; EXCEPTION. (a)

Judgment shall be entered on an award made under this chapter

and the award takes effect, unless a timely exception is filed,

on the 11th day after the date it is filed with the district

clerk under Section 102.073.

(b) A party may file an exception to an award for a matter of

law apparent on the record. The exception must be filed with the

court not later than the 10th day after the date on which the

award is filed with the district clerk under Section 102.073.

(c) If an exception is filed, judgment shall be entered on the

award and the award takes effect on the 11th day after the date

of the decision of the district court on the exception or on

appeal from the district court's decision under Section 102.075.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 102.075. APPEALS. (a) Either party to an arbitration case

decided by a district court may file an appeal of the district

court's decision not later than the 10th day after the date on

which the judgment is entered.

(b) The decision of the court of appeals under this section is

final. The clerk of the court of appeals shall certify the

decision and the district court shall enter the judgment.

(c) If the court of appeals sustains the exception, it shall set

aside the award, but the parties may agree on a judgment to be

entered disposing of the dispute. A judgment on an agreement

entered into under this subsection has the same force and effect

of law as a judgment entered on an award by a board of

arbitration.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.