Date Filed: September 7, 2016
Original Court: 419th District Court (Travis County)
Appeals: Texas Court of Appeals, Third District; Supreme Court of Texas
Case Status: Closed
The Texas Public Policy Foundation (TPPF) and Goldwater Institute filed a lawsuit in Travis County District Court against the City of Austin and the Austin Firefighters Association, Local 975 challenging the City’s labor agreement with Austin Firefighters Association, Local 975. The lawsuit seeks to halt the practice of “release time” also known as “association business leave,” and “union leave,” which assigns city employees to work for the union at taxpayer expense. For example, the 2017 collective bargaining agreement allows the firefighter who serves as the union’s president to collect their full taxpayer-funded salary and benefits without working for the fire department at any point during the year. The Texas Constitution prohibits allocating taxpayer funds for private special interests. Paying public employees to work exclusively for a union conflicts with the Texas Constitution’s Gift Clauses.
Several Austin Taxpayers sued to invalidate the collective bargaining agreement’s release time provision. The State of Texas intervened in the lawsuit in support of the taxpayers’ challenge. After nearly eight years of litigation, the Texas Supreme Court upheld the collective bargaining agreement’s provisions on release time. However, the Supreme Court’s opinion reinforced limits on using release time, explaining that release time cannot be used for political activities, fundraisers, and social events. Instead, activity done on release time must have a “predominant and legitimate public purpose.” Moving forward, it will be crucial for citizens to keep a watchful eye to ensure city officials do not misuse their taxpayer-funded release time.
Case Documents:
Collective Bargaining Agreement Between City of Austin and Austin Firefighters Association Local 975
Plaintiffs’ and State of Texas’s Joint Motion for Summary Judgment
Defendants’ Cross Motion for Summary Judgment
Plaintiffs’ and Texas’s Joint Response to Defendants’ Cross Motion for Summary Judgment
Defendants’ Reply in Support of Cross Motion for Summary Judgment
Order Denying Plaintiffs’ and Texas’s Joint Motion for Summary Judgment
Order Granting in Part Defendants’ Cross Motion for Summary Judgment
Appellants’ Joint Opening Brief Third COA
Appellees’ Response Brief Third COA
Appellants’ Joint Reply Brief Third COA
Third Court of Appeals Opinion
Petitioners’ Opening Merits Brief SCOTX
Petitioner State of TX’s Opening Merits Brief SCOTX
Respondents’ Brief on the Merits SCOTX