Tue, 05/11/2021
A trial court in Austin, Texas dismissed claims brought by taxpayers represented by the Goldwater Institute and the State of Texas that attempted to challenge the “association business leave” provision of the collective bargaining agreement between the Austin Fire Fighters Association (AFA) and the City of Austin.
At a two-day trial in early March, the Court heard testimony from City officials and AFA President Bob Nicks about the ways in which association business leave is used by Austin fire fighters to carry out the mission of the AFA, which includes furthering professional standards for firefighters, promoting fire fighter and public safety, and working towards more harmonious labor relations. The Court also found that good labor relations between the City and the AFA, including a duly negotiated and ratified labor agreement, are integral to the Austin Fire Department achieving its purpose, mission, vision, goals and core values.
On April 19, 2021, Judge Jessica Mangrum issued findings of fact and conclusions of law, holding that the CBA between the parties, including the provision governing association business leave, is supported by consideration, serve a public purpose, and that the City exercises sufficient control over association business leave. In light of this, the Court determined that association business leave is constitutional.
The final judgment specifically dismissed all claims in the case and reaffirmed that the taxpayer plaintiffs represented by the Goldwater Institute must pay Local 975 attorneys’ fees and costs in the amount of $115,250 and sanctions in the amount of $75,000 for bringing a strategic lawsuit against public policy that infringes on constitutionally protected rights.
McGillivary Steele Elkin partner Diana J. Nobile represents this AFA in this matter.
