Not sure about this.
Houston firefighters went to court Tuesday in an effort to block the city from removing personnel, trucks and ambulances from service. But a judge rejected their argument that the “rolling brownouts” plan violates the union’s collective bargaining agreement with the city.
State District Judge Elaine Palmer turned down the request for a temporary restraining order and ordered a follow-up hearing for March 7 to weigh the merits of a permanent injunction.
Fire union president Bryan Sky-Eagle said he filed the order “as a pre-emptive strike” to protect people and firefighters from the consequences of idling even more units. He argued that the purpose of the collective bargaining agreement is safety and that removing units from service undermines that.
“Once you start unilaterally making those changes, whatever the motivation may be – budgetary or political or otherwise – you start losing the intent,” Sky-Eagle said before the hearing.
City Attorney David Feldman argued at the hearing that what units are placed in service at what times is a management decision that is the city’s right to make. “The fact is, the union can’t run the fire department. The city’s got to run the fire department,” Feldman said before the hearing. “I disagree with them, obviously, as to whether there is a contractual right to have a certain number of units in service. It’s a management right, because you’ve got to deal with the resources available.”
See here for the background. I’m no lawyer, but I don’t see how this belongs in a courtroom. It’s a pretty standard budget dispute, at least as I see it. Mayor Parker said in a press release that the same kind of cutbacks were made in 2010 during the budget crunch without any objections from the union. The lack of an TRO suggests to me that the city will prevail here, but we’ll see. Texpatriate has more.