Eagle Pass Fire Fighters and Police Officers Seek Collective Bargaining Rights to Improve Professionalism and Fairness
By: Jose G. Landa, Eagle Pass Business Journal, Inc., Copyright 2016
Eagle Passans will decide whether to give City of Eagle Pass Fire Fighters and Police Officers collective bargaining rights concerning their employment rights, promotions, and service to the community at the upcoming May 7, 2016 Special City Election with Early Voting commencing on April 25th through May 3rd at the City’s Multi-Purpose Center.
Last week, City of Eagle Pass City Manager Hector Chavez presented the City’s arguments against collective bargaining in the Eagle Pass Business Journal. In the interest of fairness, the Eagle Pass Business Journal interviewed Eagle Pass Fire Fighters and Police Officers representatives to hear why collective bargaining should be approved by taxpayers. The Eagle Pass Business Journal was able to interview Eagle Pass Police Officers Association (EPPOA) President Raul Gonzalez, Jr., Eagle Pass Fire Fighters Association (EPFFA) Representative Manuel Roman, and Combined Law Enforcement Agency of Texas Association (CLEAT) Field Representative Perry Hyden concerning the pending collective bargaining referendum on the May 7th Special Election.
The purpose for obtaining collective bargaining rights by the Eagle Pass Fire Fighters and Police Officers is to improve professionalism among city employees, implement a fair promotional system based on merit, and to remove political influences in the job hiring and promotion process, said Raul Gonzalez, Jr., President of Eagle Pass Police Officers Association.
Perry Hyden of CLEAT discussed the difference between civil service and collective bargaining. City taxpayers already approved Civil Service for City Fire Fighters and Police Officers last year at a May 9, 2015 Special Election. This year, collective bargaining will be the sole referendum on the May 7, 2016 Special Election. “ EPPD and EPFD already have Civil Service and what that does is establish a minimal standard for promotions, hires, discipline and grievance procedures and other aspects pertaining to Civil Service employees,” said Hyden.
“Collective Bargaining basically is a measure that allows for negotiations between the City and the Eagle Pass Fire Fighters and Police Officers associations to expand on the same rules that fall under Civil Service.” added Hyden. In other words, collective bargaining allows local Fire Fighters and Police Officers to negotiate the terms and conditions of their employment, promotions, disciplinary procedures, and benefits consistent with the Civil Service Act.
Hyden noted that had the City Fire Fighters and Police Officers had collective bargaining, the recent lawsuit filed by three Eagle Pass Police Officers would have been unnecessary or stopped. “If collective bargaining was in place, then if the City wanted to establish certain standards,, they would be negotiated and bargained with the association and none of this (lawsuit) would be happening.” said Hyden. “Collective Bargaining allows for concessions to be made to the Civil Service rules that could work for both sides” added Hyden.
What does Collective Bargaining mean to the City of Eagle Pass Taxpayer?
“I think there has been a lot of negative publicity put out by outside consultants to the City Council. I’m not sure the City has a real understanding about what Collective Bargaining actually means. All Collective Bargaining does is that it mandates that the City has to meet with the association and exchange proposals, regarding salaries, benefits, conditions of employment and other items as well. Both sides present proposals and are able to establish arguments to get their needs met.” answered Hyden.
Will Collective Bargaining be burdening City Taxpayers with increased ad valorem taxes?
“There is no additional taxes. The whole thing about increased taxes is a myth. There are hundreds of law enforcement agencies and Fire Departments covered under Civil Service and Collective Bargaining throughout the State of Texas and never has it caused an tax increase. I challenge anybody to prove that otherwise.” answered Hyden.
For instance, the City of Eagle Pass has raised ad valorem property taxes annually during recent years under Mayor Ramsey Cantu’s administration without having collective bargaining. More than likely, the City of Eagle Pass is going to raise ad valorem taxes again in 2016-2017 due to the capital improvement projects undertaken by the City Council such as the Public Library renovations, the Public Safety Headquarters Construction Project, and flood control projects. In addition, the City has $78 Million in debt to pay.
“All Collective Bargaining is an avenue for both sides to sit down and exchange proposals.” added Hyden .
The main difference between having collective bargaining and not having it is that without having it in place, we (EPPD and EPFD Associations) can ask for something and the City Council has the final say and just says no or yes.” emphasized Hyden.
Is that where the bargaining comes in?
“Yes.” answered Hyden “Neither party on either end of the Collective Bargaining deal can force another into an agreement.” said Hyden.
If there is no collective bargaining agreement, would that cause and be grounds for civil service employees to file lawsuits against the other party or its commission, costing the taxpayer?
“No, there wouldn’t be because its bargaining under what is allowed under Collective Bargaining. In fact, under the Collective Bargaining statute, there is a procedure in place that describes what you have to do to fix non-agreements and other issues. The first part is mediation and try to get the issue resolved.” answered Hyden.
Would mediation cost the taxpayers?
“No. Mediation is a free service that is put on by the Federal Mediation and Conciliation Service funded by the United States government and is a free service providing mediation and arbitration services to industry, our communities, government agencies among other avenues that can be used as well.” answered Hyden.
“There is no tax increases because of Collective Bargaining. There is no requirement that the City spend additional monies on salaries or anything else,” added Hyden.
Hyden stated that “under a Collective Bargaining contract, if the measure is approved during the May 7, 2016 election, it would allow for negotiations between the city and civil service employees and certain measures to upkeep the terms of the contract, including contract grievances, arbitrations, and other measures as well.”
“This is the beauty of Collective Bargaining. Without it, the only way that we can stop a procedure that we think is unfair is to file a lawsuit through a District Court. With Collective Bargaining, there are no more lawsuits because we would go through an independent arbitrator which is much less expensive.”answered Hyden.
Hyden stated that the absorption of those costs could be agreed on by both parties once a Collective Bargaining contract would come into play, if approved by the voters.
Would the taxpayer pay for any of those procedures?
“On the city side that would come from city coffers/taxpayer funds. But again, keep in mind that if that was to happen it would be far less expensive than a lawsuit which is why it is important to establish Collective Bargaining. ” answered Hyden.
Would civil service employees be filing lawsuits or grievances if the rules of Civil Service were being followed by the City?
“No, they wouldn’t,” replied Hyden.
Hyden explained that the grievance process has a set structure that is to be followed to determine if the complaint has enough merit to proceed further to assure responsibility in dealing with delicate matters.
Raul Gonzalez touched on the issue of the ongoing lawsuit filed by three Eagle Pass Police Officers and why it was filed.
“It was self-induced, like this past lawsuit which was filed because they (City) violated a civil service rule. With Collective Bargaining in place, lawsuits go away. Without it, under the civil service our only option to stop them from violating what has been passed is to file lawsuits against them.” added
Gonzalez. The current lawsuit alleges the City of Eagle Pass Civil Service Commission and its Director Isabel violated the Civil Service Act by adding new requirements to take the promotional exams inconsistent with state law. If the City did not violate the Civil Service Act, these lawsuits would not be required. Under collective bargaining, City Fire Fighters and Police Officers would have mediation and arbitration instead of filing lawsuits.
Hyden states that certain measures are established to deviate such acts and allow the transition under Civil Service to work its course for everyone’s benefit.
“Collective Bargaining came into place in the 1970’s and there has never been an instance where a city or county having to raise taxes because of the implementation of Collective Bargaining.” said Hyden.
Raul Gonzalez further touched basis on certain City Employee Pay Plans and studies conducted to be set in place for its employees. “The City has known and been informed that both fire department and police department have been under paid by at least 50% or under. Unfortunately, the City has not followed the pay plan studies that have been recommended by these professionals. They do approve the plans but they don’t approve the raises that goes with the pay plan studies.” answered Gonzalez. The last City Employee Pay Plan caused some Fire Fighters and Police Officers to receive less pay than what they were already receiving and failed to give them the pay increases warranted by their skills and experience. In addition, the City spends tens of thousands of dollars to train its Fire Fighters and Police Officers but loses many of them to other state or federal agencies due to low pay and benefits. Collective bargaining will help to retain experienced Fire Fighters and Police Officers within the City’s employment and service to the community.
Gonzalez and Hyden stated that the Eagle Pass Civil Service is just like the School Districts Texas State Teachers Association (TSTA), Texas Classroom Teachers Association (TCTA), Border Patrol Association, and other organizations that establish the same rights and guidelines for many employees under those organizations.
“ If its okay for them ( Eagle Pass Independent School District), why is it not okay for your Eagle Pass Civil Service employees (Police Officers and Firefighters),” asked Hyden.
Three current Eagle Pass City Council members are educators and have collective bargaining under TSTA or TCTA. It is inconsistent for these three City Council members, Rudy Villalpando, Luis E. Sifuentes, and Yolanda P. Ramon to oppose collective bargaining for their City Fire Fighters and Police Officers, but ask for it as educators through their state teachers’ associations such as TSTA or TCTA.
What has driven you all (Civil Service Employees) to go after Civil Service and Collective Bargaining locally?
“The security of our employees, our job security, removing the political influences from our employment, and also to set up fair standards for promotions, fair disciplinary actions and hirings. With Collective Bargaining there are certain issues with training and other circumstances that set us back as a department and community.” answered Gonzalez. With collective bargaining, local Fire Fighters and Police Officers will improve their professionalism, have fairness in their job promotions, and benefit the community taxpayers with improved services and protection. Also, collective bargaining eliminates political influences on job promotions or demotions and provides a process for fair hearings to handle civil service employees grievances or issues.
Eagle Pass Fire Fighters Association Representative Manuel Roman addressed the reason as to why Civil Service and Collective Bargaining are important to Fire Fighters and Police Officers.
“We’re tired of not being listened too. That is why we brought in Texas Local Government Code 143 (Civil Service) and are seeking Texas Local Government Code 174. We want the City to hear us, hear our concerns and needs. We want the citizens to get involved and say give these people a chance to be heard,” said Roman.
“The up-coming election will be held on May 7, 2015 with early voting starting on April 25 to May 3, 2016 and we ask the voter to vote in favor of the proposition to establish Collective Bargaining rights for your Civil Service employees,” said Gonzalez. “Collective bargaining is a win, win situation for City taxpayers,” said Gonzalez.
