Eagle Pass Fire Fighters and Police Civil Service Employees seek Collective Bargaining rights
By: Jose G. Landa, Eagle Pass Business Journal, Inc., Copyright 2015
The Eagle Pass City Council heard a presentation by City Secretary Imelda Rodriguez regarding the history and steps necessary for the City of Eagle Pass to hold the City’s Fire Fighters and Police Officers election for collective bargaining rights under Texas Civil Service law in May of 2016.
City Secretary Rodriguez presented City Council a copy of the petition regarding the adoption of the Collective Bargaining for Firefighter and Police Officers under the Texas Local Government Code Sec.174.05C, during their special meeting held on Tuesday August 18, 2015.
Rodriguez stated that a petition had been submitted by citizens on August 6, 2015.
“The petition is for or against the adoption of an amicable firefighters and police officers collective bargaining if a majority of the affected employees favor representation by an employee association preserving the prohibition of lock outs and strikes and provides penalties for strikes and lock outs,” said Rodriguez.
Rodriguez stated that the petition in accordance with Section 174. 051 of Texas Local Government Code requires 5% of the qualified voters registered in the political subdivision in the preceding general election for the state and county officers.
Rodriguez added that the most recent election was held on November 14, 2014. “We had a total of 3,576 city voters, 5% of that would be 179 voters. We received a total of 366 signatures but the total number of qualified voters was 245 qualified voters. This does qualify to call for an election,” said Rodriguez to City Council.
The government body shall hold an election on the first authorized uniform election date described by Chapter 44 of the Texas Election Code that allows sufficient time for compliance with any requirements established by the law,” said Rodriguez.
Rodriguez and City Council discussed that there is not sufficient time to place the petition on the November of 2015 election date and ballot. “It has to allow sufficient time for us to comply with all requirements as established by the law,” added Rodriguez.
City Council and Rodriguez discussed with legal counsel the first available election date for the City of Eagle Pass to hold the election presented by the citizens of Eagle Pass. Legal counsel noted that the first available election date is during the May of 2016 City Officers election in order for the City to comply with all the legal requirements.
City Secretary Rodriguez advised City Council that the special election will cost an estimated $19,000 to the City in May of 2016. Consequently, the City will have to amend its new budget to accommodate and appropriate the funding for the special election to be held in May 2016.
Collective bargaining is a process of negotiation between employers and a group of employees aimed at reaching agreements to regulate working conditions. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong.
Texas is a right-to-work state. However, Texas law allows for civil service employees such as fire fighters and police officers of a city to organize for collective bargaining.
The rights to collective bargaining by fire fighters and police officers allow these public employees to organize into unions and to negotiate actively with their city employer for adjustments in pay, benefits, hours, and other terms of their employment. Strikes, however, are prohibited.
The Collective bargaining process will now be placed on the City’s May 14, 2016 special called election for City voters to decide whether to approve or deny fire fighters and police officers collective bargaining rights.
A Municipal Civil Service petition for Eagle Pass Police officers and firefighters was voted on and approved by City voters during the Eagle Pass municipal general election held on Saturday, May 9, 2015.
