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Case No. NO. 14-19-00427-CV (Trial Court Cause No. 2018-85465)

Regular Panel Decision

Jul 29, 2021

Houston Professional Firefighters' Association IAFF Local 341, Patrick Marty Lancton, Gabriel Angel Dominguez, Roy Anthony Cormier, Brian Ray Wilcox, and Delance Shaw v. Houston Police Officers' Union City of Houston Mayor Sylvester Turner, Council Members Amy Peck, Tarsha Jackson, Abbie Kamin, Carolyn Evans-Shabazz, Dave Martin, Tiffany D. Thomas. Greg Travis, Karla Cisneros, Robert Gallegos, Edward Pollard, Martha Castex-Tatum, Mike Knox, David Robinson, Michael Kubosh, Letitia Plummer, and Sallie Alcorn Controller Chris Brown And Finance Department Director Tantri Emo

The Houston Professional Fire Fighters Association (HPFFA) and individual firefighters appealed a trial court's judgment that deemed a voter-approved pay-parity amendment, designed to equalize firefighters' and police officers' compensation, preempted by state law. The appellate court examined whether the Fire and Police Employee Relations Act (FPERA) and the Texas Constitution unequivocally intended to preempt local ordinances establishing compensation standards. The court concluded that the FPERA does not express with "unmistakable clarity" an intent to preempt the pay-parity amendment, as a reasonable construction allows both the FPERA's standards and the amendment's minimum compensation standard to coexist. Consequently, the appellate court reversed the trial court's judgment regarding preemption and remanded the case for further proceedings. The court also denied the firefighters' requests for a writ of mandamus as premature and for severance of their counterclaims, finding them interwoven with the main issues.

Public Safety PayFirefighter CompensationPolice CompensationTexas Preemption DoctrineCollective Bargaining RightsMunicipal Charter AmendmentHome Rule AuthorityStatutory InterpretationAppellate ReviewSummary Judgment Reversal

References

Case No. MISSING

Regular Panel Decision

Corpus Christi Fire Fighters Ass'n v. City of Corpus Christi

This cross-appeal addresses the interpretation of the Fire and Police Employee Relations Act (FPERA) concerning a collective bargaining agreement between the City of Corpus Christi and the Corpus Christi Fire Fighters Association. The dispute centers on whether the City's unilateral implementation of revised grooming standards and modifications to the Vehicle Accident Review Board (VARB) procedural rules constituted mandatory subjects for bargaining as "conditions of employment." Applying a balancing test, the court determined that both the grooming standards and the VARB rules had a greater impact on the City's management prerogatives, particularly public image and safety, than on the fire fighters' working conditions. Consequently, these issues were not deemed "conditions of employment" requiring collective bargaining. The court affirmed the trial court's judgment on grooming standards and reversed its ruling regarding the VARB rules.

Collective BargainingFPERAGrooming StandardsVehicle Accident Review BoardConditions of EmploymentManagement PrerogativesPublic SafetyFire FightersUnilateral ImplementationLabor Dispute

References

Case No. MISSING

Regular Panel Decision

Jefferson County Constables Association v. Jefferson County, Texas

The case involves an appeal by the Jefferson County Constables Association against Jefferson County, Texas, seeking to uphold an arbitration award. The County had filed suit to vacate the award, which mandated the reinstatement of deputy constables and back pay based on seniority, following layoffs that allegedly violated a collective bargaining agreement. The trial court sided with the County, vacating the award. On appeal, the Court determined that deputy constables possess collective bargaining rights under the FPERA, disagreeing with a prior ruling (Wolff). Furthermore, the Court concluded that the arbitrator's award did not overstep statutory authority regarding the appointment of deputy constables, distinguishing reinstatement from new appointments, and did not exceed his jurisdiction by interpreting the collective bargaining agreement's provisions on seniority and layoffs. Consequently, the appellate court reversed the trial court's judgment and rendered a decision in favor of the Constables Association, effectively upholding the arbitration award.

ArbitrationCollective BargainingLayoffsSeniority RightsDeputy ConstablesPolice OfficersFPERASubject Matter JurisdictionStandingPublic Policy

References

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Houston Professional Firefighters' Association IAFF Local 341, Patrick Marty Lancton, Gabriel Angel Dominguez, Roy Anthony Cormier, Brian Ray Wilcox, and Delance Shaw v. Houston Police Officers' Union City of Houston Mayor Sylvester Turner, Council Members Amy Peck, Tarsha Jackson, Abbie Kamin, Carolyn Evans-Shabazz, Dave Martin, Tiffany D. Thomas. Greg Travis, Karla Cisneros, Robert Gallegos, Edward Pollard, Martha Castex-Tatum, Mike Knox, David Robinson, Michael Kubosh, Letitia Plummer, and Sallie Alcorn Controller Chris Brown And Finance Department Director Tantri Emo

Corpus Christi Fire Fighters Ass'n v. City of Corpus Christi

Collective BargainingFPERAGrooming StandardsVehicle Accident Review BoardConditions of EmploymentManagement PrerogativesPublic SafetyFire FightersUnilateral ImplementationLabor Dispute

Jefferson County Constables Association v. Jefferson County, Texas

ArbitrationCollective BargainingLayoffsSeniority RightsDeputy ConstablesPolice OfficersFPERASubject Matter JurisdictionStandingPublic Policy