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collective bargaining agreement

“No confidence”

The latest from the firefighters.

Houston Fire Chief Sam Peña will face a “no confidence” vote by members of the city’s fire union over what nearly 100 district chiefs say has been a lack of leadership and a failure to adequately equip or pay firefighters.

The vote, which is expected to take place in the next week, would have no practical effect on Peña’s position. Mayor Sylvester Turner is the only person who can remove Peña from the post he has held since the mayor appointed him in 2016.

The union’s Tuesday announcement marks the latest development in the increasingly fraught relationship between rank-and-file firefighters and the Turner administration.

Peña and Turner separately called the criticisms unfair and said the vote was part of a broader political campaign to discredit the city’s current leadership.

You can see a copy of the letter they sent here. Some of this is about Prop B, some is about the lack of a collective bargaining agreement and the current level of firefighter pay, some of it is about proposals to move from four shifts to three shifts (which is something that has been proposed in the past as well). The vote itself is symbolic – Mayor Turner is not going to fire Chief Peña.

I’m going to make a prediction: A year from now, the firefighters are still going to be unhappy. Very likely, firefighter unhappiness will still be an issue the next time we elect a Mayor in 2023. The firefighters have been unhappy with the Mayor going back to at least Mayor Lee Brown. I don’t see that changing any time soon.

No arbitration

And we’re on to the next phase of the firefighter pay battle.

The Houston Professional Fire Fighters Association on Tuesday asked Mayor Sylvester Turner to enter arbitration to settle its ongoing labor dispute with the city, a request the mayor shot down as he called instead for a return to collective bargaining.

The union’s request came less than a week after a state district judge ruled Proposition B unconstitutional and void. The charter amendment approved by voters last November granted firefighters the same pay as police of corresponding rank and seniority.

Turner made clear Tuesday that he does not intend to accept the union’s request.

“The city of Houston is willing to return to the table for collective bargaining which would be the regular course of business,” the mayor said in a written statement.

[…]

Fire union President Marty Lancton said the mayor had yet to contact the union about sitting down to negotiate anew. He repeatedly has questioned Turner’s claim that the city could not afford Prop B, and on Tuesday cast doubt on Turner’s willingness to negotiate a “fair raise” for firefighters.

Arbitration, Lancton contended, would resolve the pay dispute before Houston’s 2020 fiscal year starts July 1.

“This is a sensible solution,” Lancton said. “We continue to wait for the call that the mayor says he is willing to make. Let’s resolve this now, mayor.”

Turner spokeswoman Mary Benton said the union “knows how to reach the mayor,” and repeated Turner’s statement that his “door is open and he is ready and willing to meet with the fire union.”

So if I’m interpreting this correctly, the Mayor is offering to go back to the collective bargaining process, while the firefighters are saying instead let’s take our respective offers and present them to an arbitrator and let that person make the call. I’m not quite sure what to make of that. I suppose this is the HPFFA’s way of saying they trust the city to negotiate in good faith. If so, all I can say is that the city could say the same about the firefighters. Whatever the case, we’re now at a standoff about how to go about resolving the larger standoff. The firefighters can claim that they have the will of the voters on their side, but unless they win their appeal of the summary judgment declaring Prop B unconstitutional, that only means so much. In the meantime, I’m going to find my happy place and practice some deep breathing.

Prop B ruled unconstitutional

Oh, my.

A state district judge on Wednesday ruled Proposition B, the voter-approved measure that grants Houston firefighters the same pay as police of corresponding rank and seniority, unconstitutional and void.

The ruling came in a lawsuit brought in November by the Houston Police Officers’ Union, which contended that the city charter amendment conflicts with the Texas Constitution.

In her ruling, state District Judge Tanya Garrison found that Chapter 174 of the local government code preempts Prop B. The city, which was named in the police union’s suit, has alleged that the parity measure section conflicts with a provision of Chapter 174 tying compensation for firefighters and police officers to that of comparable private sector employees.

Mayor Sylvester Turner briefly stopped the weekly city council meeting to announce the ruling. The fire union quickly announced it would appeal.

After the council meeting, Turner said the 60-day layoff notices he proposed and council approved sending in recent weeks to 220 firefighters and more than 110 fire cadets and municipal workers to help close a budget deficit exacerbated by Prop. B would be rescinded, along with hundreds of proposed demotions within HFD.

Turner cast the ruling as a “tremendous positive” for the city as a whole, saying he hoped it could spur a “reset” to reduce widespread acrimony over the issue. He also stressed that firefighters deserve a pay raise and looked forward to negotiating one with union leaders.

“They’re deserving of a pay raise that the city can afford and I do look forward to sitting down and talking with them about what would be an acceptable pay raise within the confines of the city’s financial capability,” Turner said. “We’ll do everything we can to move it forward.”

A release with the Mayor’s comments following the ruling, which came down while Council was in session, is here. Judge Garrison had sent the parties to mediation originally, saying she didn’t want to get involved if they could work it out among themselves. They did not, and so here we are. You can see a copy of her ruling here, which is an order granting summary judgment to the plaintiffs, the HPOU. The city is listed as the defendant and their motion was also granted, while the HPFFA’s motion was denied; someone who understands the law way better than I do will hopefully step in to explain how all that worked. Be that as it may, the firefighters will appeal, but that almost certainly means the city is off the hook for this fiscal year, possibly for the foreseeable future.

Mediation ordered in Prop B lawsuit

This ought to be interesting.

A state district judge on Thursday ordered the city, the Houston Professional Fire Fighters Association and the Houston Police Officers’ Union to enter into mediation as they seek to resolve lingering differences over the implementation of Proposition B, the measure granting firefighters the same pay as police of corresponding rank and seniority.

Judge Tanya Garrison of the 157th Civil District Court ordered the mediation after hearing arguments in a lawsuit seeking to invalidate the pay parity amendment. During the hearing, Garrison said she would not issue a ruling on the case “any time soon,” concluding it would only set back ongoing negotiations to phase in firefighters’ Prop B-mandated raises.

“If I make a decision on this one way or the other … it will be the equivalent of throwing a bomb in the middle of the attempts to negotiate a resolution,” Garrison said.

The judge gave the parties until noon Monday to agree on a mediator. The court would appoint a mediator if they cannot settle on one.

The mediation is mandatory but not binding.

The mediator may suggest ways to resolve the dispute but cannot impose judgment, according to a list of rules attached to Garrison’s court order. If the parties do not voluntarily agree to a settlement, the issue returns to Garrison.

See here, here, and here for the background. As long as the mediator isn’t Tony Buzbee, I’m sure it will be fine. As a reminder, City Council will vote on the layoff plan on Wednesday (the agenda item was tagged last week), so perhaps that will provide some incentive to make things happen. In other news, the city provided financial data that the firefighters’ union had been demanding, though whether that will settle that argument or be the cause of further arguments remains to be seen.

And now we move forward with Prop B

No other option.

Mayor Sylvester Turner

Mayor Sylvester Turner said Wednesday his administration is moving forward to implement the voter-approved charter amendment granting Houston firefighters equal pay to police of corresponding rank and seniority, though the city has not yet determined when firefighters will begin receiving increased paychecks or how the charter amendment will impact individual city departments.

Turner’s administration plans to lay off hundreds of city employees, including firefighters and police officers, to cover the cost of paying firefighters on par with police officers, a move city officials say will amount to a 29 percent raise costing the city upwards of $100 million annually.

The mayor said he did not know when the city would begin layoffs, but indicated to reporters Wednesday that it likely would take several months to put Proposition B into effect.

“I don’t want anybody to operate under the assumption that even as we move forward to the implementation that checks are going to start flowing in January,” Turner said. “It will take some time.”

[…]

Asked why the city is only now beginning to put Proposition B into effect, Turner said his administration did not take action while the temporary restraining order was in place from Nov. 30 until Tuesday. Proposition B passed Nov. 6 with 59 percent of the vote.

The fire union, meanwhile, has sought to negotiate a new contract with Turner that would allow the city to phase in Proposition B. Fire union president Marty Lancton has cast Turner’s refusal to return to the table as vindictive, and said after state District Judge Randy Wilson’s ruling Tuesday that the mayor could implement the amendment or “pick up the phone and call firefighters so we can work toward a solution that implements the will of the voters in the best possible way.”

Asked Wednesday about the union’s negotiation offer, Turner did not indicate he has was any closer to sitting down with the firefighters, saying that doing so would go against “what people wanted” when they approved Proposition B. The firefighters, who have contended that the police union’s lawsuit is aimed at circumventing the will of the voters, say it is possible to arrive at “a solution that implements the will of the voters in the best possible way.”

The mayor previously has said the city could not phase in Proposition B, and since has accused firefighters of attempting to confuse the issue by calling for negotiations while the lawsuits play out in the courts.

See here for the background. I don’t know what else there is to say at this point. It’s not clear what happens from here, but I’m pretty sure no one is going to like it.

Restraining order lifted on firefighter pay referendum

Back to the planning stage.

Mayor Sylvester Turner

A state district judge on Tuesday dissolved a temporary restraining order blocking implementation of the voter-approved charter amendment granting pay parity to Houston firefighters and denied further attempts by the city and police union to delay the measure.

State District Judge Randy Wilson, ruling in favor of the Houston Professional Fire Fighters Association, decided that voters were informed of the amendment’s price tag — more than $100 million a year — before the election and approved it anyway. The measure, appearing on the November ballot as Proposition B, passed with 59 percent of the vote.

“While this Court is sensitive to the budget difficulties the Pay-Parity Amendment will produce, the Houston voters decided they would rather have pay parity,” Wilson wrote.

[…]

The latest ruling comes more than two weeks after the HPOU sued the fire union and city over the parity measure, contending the amendment, which would tie firefighter pay to that of police of corresponding rank and experience, is unconstitutional because it conflicts with a provision of state law requiring firefighters to receive comparable pay to that of private sector employees.

Wilson, ruling that the amendment does not conflict with state law, indicated the city had contradicted its argument in a separate case by claiming that no private sector jobs are comparable to those of firefighters.

The lawsuit has been underway since Nov. 30, when the police union filed the suit against the fire union and the city, and [Judge Kristen] Hawkins granted a temporary restraining order.

The city later filed a cross-claim against the fire union, a remedy available to defendants seeking to take legal action against a co-defendant. In its claim, the city argued that the charter amendment “directly conflicts with the collective bargaining process and guidelines for firefighter compensation” laid out in the Texas Local Government Code, and therefore is invalid. Ultimately, the police union and city sought an injuction and stay on the parity amendment.

As the lawsuit has played out, the separate case referenced by Wilson — filed by the fire union against the city after contract talks stalled last year — has reached Texas’ 14th Court of Appeals.

See here for the background, and here for the Mayor’s statement. Neither the HPOU nor the city plans to appeal at this time, so as things stand the city will need to figure out how to move forward with Prop B while the litigation plays out, as was the case with Renew Houston. It’s not going to get any more cordial from here, that much I know.

HPOU files first Prop B lawsuit

And away we go.

Courthouse officials were scrambling to find a judge Friday afternoon to hear a lawsuit by the Houston Police Officers Union against the city of Houston and the Houston Professional Fire Fighters Association, that seeks an immediate halt to implementation of a voter-approved ballot initiative that would give Houston firefighters “pay parity” to police officers of similar status.

The lawsuit, filed midday Friday in the 234th state district civil court, seeks to block “Proposition B,” arguing it amounts to an unconstitutional amendment to Houston’s charter, and was void from the start. After hearing initial argument by the police union lawyer to put on the brakes, State District Judge Wesley Ward indicated to lawyers he planned to recuse himself and needed to find another judge in the building who could take over.

Ward, a Republican who was voted out last month on the same ballot with Proposition B, reportedly told attorneys in chambers he had a conflict of interest because he planned to join a law firm where one of the attorneys on the case works.

[…]

The 25-page suit argues that the pay-parity charter amendment is unconstitutional because it “is preempted by and directly conflicts” with state law requiring that firefighters be paid to comparable private sector employment, as well as posing an “irreconcilable conflict” with state law because it ties firefighter compensation to those of other public sector employees, and further conflicts with state law because the two professions do not require “the same or similar skills, ability, and training.”

The measure “undermines and interferes with HPOU’s right to collectively bargain, because both HPOU and the City are forced to consider the economic effect of a third-party’s interjecting interests,” according to the lawsuit. The plaintiff’s attorneys also argued that the requirements of Prop B put the HPOU in the position of representing firefighters who had not chosen the union to represent them and who do not have the same responsibilities as police.

The suit also argues that Prop B runs contrary to local government code mandates that say police and fire departments are “separate collective bargaining units unless they voluntarily join together” for collective bargaining with a public employer.

Well, I don’t know what the city’s lawyers will tell them, but clearly HPOU’s attorneys are not hesitating. The ordinance that Council passed to accommodate Prop B is set to take effect on January 1, so I presume the cops are seeking to get a judge to put it on hold pending the litigation. That’s usually the way these things work. We’ll see now if the city joins this lawsuit or files their own; I presume the latter, though most likely in the end the two will be combined. December is already shaping up to be quite the month.

UPDATE: That was quick:

A state district judge Friday evening granted a temporary restraining order blocking the implementation of a voter-approved charter amendment requiring the city of Houston to grant its firefighters “pay parity” with police officers of similar rank and experience.

State District Judge Kristen Brauchle Hawkins granted the TRO Friday night at the request of the Houston Police Officers Union, which filed a lawsuit earlier in the day against the city and the Houston Professional Fire Fighters Association. The judge set a hearing for Dec. 14.

The fire union opposed the TRO request, but lawyers for the city did not.

Buckle up, y’all.

MLB All Star Game will no longer determine World Series home field advantage

Hallelujah.

By Source, Fair use, https://en.wikipedia.org/w/index.php?curid=12944222

By Source, Fair use

The Associated Press reported early Thursday morning that, as a part of the new collective bargaining agreement, home-field advantage in the World Series will no longer be determined by the All-Star Game. Home-field advantage will now be awarded to the pennant winner with the better regular season record.

After the 2002 All-Star Game ended in a 7-7 tie, Major League Baseball and the players’ union agreed to allow the “midsummer classic” to decide home-field advantage for the 2003 and ’04 seasons. That agreement was extended to ’05 and ’06 and then was made permanent.

Critics have rightfully said that the All-Star Game is a rather capricious way to determine home-field advantage, which can sometimes be a big factor in the outcome of the season’s final series. Compared to regular season and playoff games, players are oddly used as position players tend to stay in for about three innings and pitchers only get an inning or two on the mound. Players don’t tend to take the game as seriously as they would a regular season or playoff game.

Thank goodness. This was such a dumb thing to do, done in a panicked way after that tie game and the nonstop chatter about it in 2002. The All Star Game has always been an exhibition game, originating in a time when the American and National Leagues were truly separate entities. Even if there was a legitimate need to make a for-funsies game more competitive and meaningful – which I have always argued was baloney – tying its outcome to the World Series made no sense. This is a much more rational way to determine home field advantage. Kudos to all for finally getting it right. Deadspin and Fangraphs have more.