Tue, 11/29/2022
On Tuesday, November 22, 2022 the Texas Court of Appeals upheld a trial court’s finding that association business leave (“ABL”) in the collective bargaining agreement between the Austin Fire Fighter Association, IAFF Local 975 and the City of Austin, is not gratuitous and serves a public purpose. The Austin Fire Fighters Association, IAFF Local 975 is represented by McGillivary Steele Elkin Partner Diana J. Nobile and Associate John W. Stewart.
The opinion rejects an action brought by three taxpayers represented by the anti-union Goldwater Institute in a case filed against the AFA and the City. The anti-union plaintiffs, later joined by the Texas Attorney General, alleged that the bargained for ABL article violated the Texas Constitution’s “Gift Clause,” which prohibits gratuitous grants of public funds to predominantly private interests.
The court repeatedly rejected the argument that the purposes of a “private” labor organization were necessarily adverse to the public interest. Such an argument, the court explained, “ignores the policy set forth by the Texas Legislature,” that fire fighter collective bargaining “is in the public interest.” The court went on to detail the many ways that AFA’s work “not only furthers the mission of the Association but also furthers [the Austin Fire Department’s] mission.”
As Ms. Nobile explained, “this decision confirms that the work of AFA President Bob Nicks and union members while using ABL advances the mission of providing fire and emergency services to the citizens of Austin, including to the taxpayers who pushed this anti-union attack over the last six years.” Significantly, MSE achieved an important deterrent to similar anti-union attacks as the Court awarded recovery of attorneys’ fees, costs and imposed sanctions on the plaintiffs.
A Law360 Article discussing the Opinion can be read here: https://www.law360.com/employment/articles/1552732/firefighters-leave-policy-is-constitutional-texas-panel-says.
MSE represents labor unions and their members. For more information, visit https://www.mselaborlaw.com/practice-areas/labor-unions. If you believe your employer has violated your rights, contact MSE at info@mselaborlaw.com.
