City makes opening proposals in firefighter talks

Texas side’s draft longer than union’s, doesn’t directly address proposed raises

The city of Texarkana, Texas’ collective bargaining team made its opening proposals Monday in the latest round of contract negotiations with the Texarkana, Texas, Fire Department firefighters union.

The city offered a draft contract five pages longer than the draft proposed by the union July 9. Among other differences, the city’s version includes an extensive management-rights section, a grievance procedure that does not allow for third-party resolution of disputes and a no-strike clause the firefighters’ negotiating team called insulting. The city did not directly address the union’s proposed pay raises.

A long list of specific management rights reserved under the proposal includes control of city equipment; standards and types of service; employee assignments and scheduling; hiring and discipline decisions; and agreements with other cities and fire departments. The union’s proposal did not include any management-rights provisions.

The city proposes for TTFD to use the grievance procedure used by all city employees, which ends with a ruling by the city manager. By contrast, under the union’s proposal, a firefighter’s grievance regarding the new contract would start a multi-step, escalating process. If a ruling by the fire chief does not resolve the issue, an appeal would be made to the city manager, then to non-binding mediation and finally to binding arbitration.

The union team questioned whether the city manager would have a con

flict of interest in deciding a contract dispute between the city and firefighters. Attorney Bettye Lynn, the city’s chief negotiator, replied that the city manager is the city’s executive officer and makes such decisions regularly.

A no-strike clause brought the most spirited response from the firefighters’ team, with alternate chief negotiator Rafael Torres, a state-level union official, calling it “incitive” and “offensive” and Scott Robertson, local president, characterizing it as “insulting.”

By state law, Texas firefighters and police officers are prohibited from striking or participating in work stoppages or slowdowns. The city’s contract proposal reiterates that prohibition and adds that the union may not represent anyone who strikes. It would force the union to publicly disavow any strike and direct any striking members to return to work. Any failure to comply could void the entire contract.

Robertson said the law is sufficient deterrence to prevent any strike, which the union would never consider to begin with. The chances of a firefighter strike occurring in Texarkana are the same as those of the moon falling out of the sky, he said.

The city also proposed a method of selecting new employees that would allow the fire chief to give priority to Texarkana residents, which Lynn called “a very important recruiting tool.”

Another meeting is slated for Aug. 5. In a change from last year, all meetings will be held in the City Council chambers at City Hall, and video of the meetings will be live-streamed on the city’s website.

The parties have agreed not to communicate with news media except through agreed-upon written statements.

A City Council vote on approving the FY 2020 budget is expected to take place Sept. 9.

In 2018, multiple meetings and an attempt at third-party mediation went nowhere. Union members voted against accepting a contract proposed by the city, rejecting it as unresponsive to firefighters’ concerns about pay, staffing levels, working conditions and disciplinary procedures, among other issues. The city rejected the union’s request to resolve disagreements through binding arbitration.

In November 2016, Texas-side voters elected to allow TTFD to engage in collective bargaining. Firefighters later chose the union, IAFF Local 367, aka the Texarkana Professional Firefighters Association, as their representative in employment talks.