Texas Supreme Court rules in Houston, firefighters' battle over pay, benefits, bargaining rights
HOUSTON - The Texas Supreme Court has issued a major ruling in the six-year legal battle between the City of Houston and its firefighters over pay, benefits and bargaining rights.
The court struck down Proposition B, a voter-approved initiative mandating pay parity between firefighters and police, ruling that it was preempted by a Texas law that provides a framework for collective bargaining and judicial remedies when a government employer and firefighters cannot reach an agreement on compensation.
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However, the court also rejected the City’s claims of immunity from the judicial-enforcement provision of the law, as well as their claims that the provision is unconstitutional.
The cases hinge around the Fire and Police Employee Relations Act in Local Government Code Chapter 174, which governs collective bargaining between a government employer and its firefighters. If the parties are unable to agree, a judge has the power to set wages.
In 2017, the City and Houston Professional Fire Fighters’ Association were unable to reach an agreement. The firefighters then sued the City, asking the court to set their compensation for a year under the provisions of Chapter 174.
In response, the city sought to invalidate the provision, an attorney arguing at a November hearing that the judiciary should not, under the constitution, have the power to set wages when unions and municipalities can’t agree. The Texas Supreme Court ruled Friday against their argument.
The City of Houston and the Police Union also sought to invalidate Proposition B, the 2018 voter-approved mandate granting firefighters the same pay as police. The Texas Supreme Court ruled that Chapter 174 preempts the pay‑parity amendment.
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The firefighters’ claim for judicial enforcement under Chapter 174’s compensation standards can now move forward in the trial court.
Firefighter Union President Marty Lancton says his members are seeking substantial back pay for the years they have remained on the job without a contract.
"This is a historic ruling," Lancton said in a statement. "Never before has a local government refused to honor the will of the voters. The treatment our firefighters have endured over the last six years is unforgivable. They have stood strong and courageous in the face of overwhelming political odds. We remain grateful to the court and the voters for continuing to stand by us through this fight."
In a statement, the City said in part, "Contrary to false representations by the firefighters union today, the City has not been held to have violated the Texas Constitution or any statute, or to have thwarted the will of the people. The case has simply been sent back to the trial court for application of Chapter 174’s standards now that its judicial enforcement provision has been held constitutional."
Mayor Sylvester Turner said in a statement, "This is a huge victory for the City of Houston. I am grateful that the Court has clarified which of the directives the City received from the voters, in approving both Chapter 174 and Proposition B, the City must follow. It would simply not have been possible for the City to comply with both, and the Court recognized that irreconcilable conflict. Worse, the ruinous financial burden the 2018 amendment would have placed on the City would have resulted in lost programs, services, and in layoffs, including firefighters. My hope is that the firefighters union will now forego efforts to try to strong-arm the City into meeting its unreasonable demands and come to the bargaining table in good faith. City officials are still waiting there."