Fire union strikes back
City sued over new contract negotiations
Houston’s fire union sued the city Wednesday alleging Mayor Sylvester Turner’s administration failed to act in good faith during contract negotiations, exacerbating tensions between firefighters and City Hall.
The lawsuit filed in state district court came just two days before firefighters’ “evergreen” labor agreement with the city expires, at which point local and state law will govern their employment until a new deal is reached.
Those employment terms — unanimously approved by City Council Wednesday morning — are less favorable than those in the evergreen.
Turner said he offered to extend the more generous arrangement another 30 days while negotiations continued, but the fire union preferred to resolve the issue in court.
“When you say no, what do you expect a city to do?”
Turner said before council voted to amend local ordinance. “They made their choice.”
A letter provided by the mayor’s office shows the city on May 12 proposed extending the collective bargaining agreement by 15 days. Three days later, firefighters declared an impasse, allowing them to request an arbitrator to settle the contract dispute.
The city declined that option, Houston Professional Fire Fighters Association President Marty Lancton said, but agreed to mediation, which began last week.
After Turner again offered the union an opportunity to extend Wednesday, Lancton said, “We just wanted a third party to come in and say what’s fair.”
Houston firefighters last received a pay raise three years ago, when they rejected a new contract in exchange for fewer restrictions on time off.
The union initially sought a 21 percent pay raise over three years, Turner said, but has lowered that request to 17 percent. The city, meanwhile, increased its offer to 9.5 percent over three years, from 4 percent over two years. ‘Who will save us?’
“They deserve a pay raise, no question about that,” Turner said. “But if anyone — and I don’t care if it’s police, fire, municipal workers — if you’re coming to me and saying, give me a 17 percent, I’m going to immediately tell you no, because we don’t have it. Now, you can beat me up all day long. ... But until somebody puts a machine back there where I can go print it — print the money — we don’t have it.”
Hours after the vote, scores of firefighters in yellow union shirts joined Lancton at an afternoon rally outside City Hall to protest the city’s actions.
Many held signs touting such slogans as “We save others. Who will save us?” and “Reduced staffing means reduced safety.”
“We are here today to remind the mayor and City Council that Houston firefighters have earned the right to expect fair wages, benefits and workplace protections,” Lancton said.
“The city did not negotiate in a good-faith effort. Now, we have asked a court to force the city to reach a sensible contract agreement that is fair to the citizens and fair to the men and women who serve this city standing behind me.”
The six-page lawsuit asks the court to set firefighter compensation for a year, but does not explain what about the city’s negotiation the union alleges was not “in good faith.”
“The lawsuit is regrettable because it is our preference to solve our challenges face to face and not in court,” Turner said in an emailed statement. “When the lawsuit is received, we will review it and respond appropriately.” City facing 2 fire lawsuits
South Texas College of Law Houston professor Richard Carlson said the vagueness of state law makes it difficult to assess firefighters’ chance of success.
“Our law is still very uncertain, and when you throw in the fact that public employees can’t strike anyway, it’s hard to say what the practical outcome in any of these cases is,” Carlson said.
While the case is pending, firefighters are poised as of July to maintain their sick leave plan and incentive pay for various specialty roles, such as serving as a paramedic or hazardous materials technician.
However, the modifications to local law approved Wednesday impose less favorable overtime and holiday pay rules, cease city payments into a union medical fund and end a program that effectively allows employees to transition into retirement while retaining some employment benefits.
The changes also leave several policies — such as minimum staffing requirements and the guarantee that the fire union president’s position will remain paid — to management discretion.
The fire union’s lawsuit comes a month after the fire pension board also sued the city alleging the pension reform plan approved by the Texas Legislature at the behest of City Hall effective Saturday violates the Texas Constitution. That case is scheduled for a preliminary hearing Thursday morning.
“They deserve a pay raise, no question about that. But if ... you’re coming to me and saying, give me a 17 percent, I’m going to immediately tell you no, because we don’t have it.” Mayor Sylvester Turner