HOUSTON – An appellate court affirmed today a ruling denying the city of Houston immunity in litigation brought by firefighters after the parties failed to reach a collective bargaining agreement.
The case between the city and Houston Professional Firefighters Association, Local 341 goes all the way back 2017. After bargaining for 60 days, the parties failed to reach an agreement. The association sued alleging the city failed to provide firefighters with equal compensation compared to private sector employment.
Court records show that the city filed a permissive appeal over the denial of its plea to the jurisdiction based on governmental immunity, as well as the city’s motion for summary judgment based on the unconstitutionality of Texas Local Government Code, section 174.252 (The Fire and Police Employee Relations Act).
On appeal, the city argued section 174.252 is unconstitutional and that its motion for summary judgment proved that the association never negotiated in food faith for compensation or benefits.
The 14th Court of Appeals concluded that the city failed to establish that section 174.252 is an unconstitutional delegation of a legislative function to the judiciary in violation of the separation of powers provision in the Texas Constitution, and that the trial court did not err in denying the city’s motion for summary judgment.
The city is represented by attorneys Lowell Denton and Joseph Callier.
The association is represented by attorneys Troy Blakeney, Richard Mumey and Vincent Marable III.