Texas Supreme Court Disciplinary Representation Ruling 

The Texas Supreme Court ruled on Friday, April 5, 2013 that if public employees in Texas are called into a disciplinary meeting by their bosses, they no longer have a guaranteed right to bring along a union representative.

As union members, we consider this right commonplace. In fact, one’s “Weingarten rights” are named after a famous U.S. Supreme Court decision from 1975. Under those rights, if you make a clear request for union representation when you reasonably believe a meeting might lead to disciplinary action, the employer essentially must either grant the request or stop the meeting. 

Here is the typical Weingarten card: "If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative, officer, or steward be present at this meeting. Until my representative arrives, I choose not to participate in this discussion."

Under Friday’s 6-3 ruling, the Texas Supreme Court, which has a long history of anti-labor rulings, managed to read the Texas Labor Code, which affords workers the right to unions “to protect themselves in their personal labor,” as not granting a right to union representation in a disciplinary meeting. In other words, the court doesn’t think the union should be allowed to carry out one of its fundamental purposes – to help workers stave off unreasonable, venal and false accusations of workplace rules violations. 

The majority opinion was written by Justice Paul Green and joined by Justices Jeffrey Boyd, John Devine, Phil Johnson, Don Willett and Eva Guzman.

Despite a fine dissent written by Chief Justice Wallace Jefferson and joined by Justices Nathan Hecht and Debra Lehrmann, the ruling now means that it will be up to state agencies, cities, counties, school districts and other local governmental units whether to grant requests for union assistance in disciplinary meetings. --Courtesy of Ed Sills, Texas AFL-CIO

Local 440 Contract:  Article 21 – Disciplinary Procedures

Section 4.  Formal Administrative Investigation

“In the event of a Formal Administrative Investigation of alleged misconduct by a fire fighter that could result in disciplinary action against that person, the fire fighter shall be notified in writing that he or she is the subject of a Formal Administrative Investigation and the allegations against the fire fighter at least thirty-six (36) hours prior to the subject fire fighter’s initial interrogation by the Chief or officers assigned to the investigation.  The fire fighter who is the subject of a Formal Administrative Investigation will be entitled to have a representative present at his or her interrogation or any subsequent meeting with the Chief or designee.”

Texas Health Ben Hogan Sports Medicine

Scott Galloway with the Texas Health Ben Hogan Sports Medicine met with our Executive Board recently to discuss some of the benefits their organization can offer our membership.  See their comments below as well as the attached flyer.

Legislative & Political Updates

As you hopefully know we are entering our city council election season.  The upcoming elections in May will be important to our membership as we continue our discussions to secure our next collective bargaining agreement.  We are still trying to move forward with a fair and reasonable pension article that will address the funding and benefits for our retirement.

We are also facing significant challenges at the state and national level.  In Congress, there is another push to make Social Security participation mandatory for public employees even if they have a pension as part of their existing retirement package.  This would be devastating both to us and the city by immediately levying an additional 6.2% in taxes from each group.  Another fight we have in Congress concerns our health care benefits.  Some members of Congress are urging the passing of a bill that would tax the benefits we receive from the city for our healthcare premiums.  Our International, as well as Local 440, continue to lobby our members of Congress to keep both of these measures from becoming law. 

In our state legislature, House Bill 2432 was recently filed in an attempt to remove all overtime from our pension calculations.  This bill is based on an effort to eliminate 'pension spiking' by reducing the pensionable earnings for employees.  We have already been lobbying the members of the Pensions Committee and providing them with a number of reasonable arguments for why this should never make it out of their Committee.  There have been other pension bills filed that we are following closely to do everything we can to protect our membership.

Fort Worth Firefighter Charities

www.fortworthfirefightercharities.com

At the end of 2012 we received the final authorization from the IRS to create the Fort Worth Firefighter Charities.  This will allow us to continue in the tradition of giving back to our community.  Some of the organizations that have benefited from our charitable work have been The WARM Place, the Joan Katz Breast Center at Baylor All Saints Medical Center, and the Muscular Dystrophy Association.

We are very excited about the opportunities to raise funds to use to benefit those in our community that are in need of assistance.  There is a link to the new website to the right under 'Important Links'.  Contact Gina Bellegante at 972-896-7509 with any questions.

Overtime Reminders 

Constant Staffing Overtime (staffing an apparatus) and Emergency Callback Overtime will always be paid at time and one-half of your regular rate of pay.  For other types of overtime, such as training or for administrative functions, you must use J or P time for any hours taken off in a 28-day FLSA cycle to receive time and one-half of your regular rate of pay.  Otherwise the overtime will only be paid as straight time.

Member Login Instructions

Username:  first four letters of your last name and your 3- or 4-digit commission number

Password:  your 3- or 4-digit commission number

Retirees:  if the above does not work, use your last name + the 1st letter of your 1st name and your password is simply the word 'password' without the quotes.

Once logged in go to 'Edit Your Settings' or 'User Settings' and update your address, cell phone number with provider, and your personal email

*** Note: Please don't use your city email address ***

Election Work --> Click on 'Spring 2013 Workers' when editing your settings.  Remember to save after making any changes!