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collective bargaining agreement

HPOU files first Prop B lawsuit

And away we go.

Courthouse officials were scrambling to find a judge Friday afternoon to hear a lawsuit by the Houston Police Officers Union against the city of Houston and the Houston Professional Fire Fighters Association, that seeks an immediate halt to implementation of a voter-approved ballot initiative that would give Houston firefighters “pay parity” to police officers of similar status.

The lawsuit, filed midday Friday in the 234th state district civil court, seeks to block “Proposition B,” arguing it amounts to an unconstitutional amendment to Houston’s charter, and was void from the start. After hearing initial argument by the police union lawyer to put on the brakes, State District Judge Wesley Ward indicated to lawyers he planned to recuse himself and needed to find another judge in the building who could take over.

Ward, a Republican who was voted out last month on the same ballot with Proposition B, reportedly told attorneys in chambers he had a conflict of interest because he planned to join a law firm where one of the attorneys on the case works.

[…]

The 25-page suit argues that the pay-parity charter amendment is unconstitutional because it “is preempted by and directly conflicts” with state law requiring that firefighters be paid to comparable private sector employment, as well as posing an “irreconcilable conflict” with state law because it ties firefighter compensation to those of other public sector employees, and further conflicts with state law because the two professions do not require “the same or similar skills, ability, and training.”

The measure “undermines and interferes with HPOU’s right to collectively bargain, because both HPOU and the City are forced to consider the economic effect of a third-party’s interjecting interests,” according to the lawsuit. The plaintiff’s attorneys also argued that the requirements of Prop B put the HPOU in the position of representing firefighters who had not chosen the union to represent them and who do not have the same responsibilities as police.

The suit also argues that Prop B runs contrary to local government code mandates that say police and fire departments are “separate collective bargaining units unless they voluntarily join together” for collective bargaining with a public employer.

Well, I don’t know what the city’s lawyers will tell them, but clearly HPOU’s attorneys are not hesitating. The ordinance that Council passed to accommodate Prop B is set to take effect on January 1, so I presume the cops are seeking to get a judge to put it on hold pending the litigation. That’s usually the way these things work. We’ll see now if the city joins this lawsuit or files their own; I presume the latter, though most likely in the end the two will be combined. December is already shaping up to be quite the month.

UPDATE: That was quick:

A state district judge Friday evening granted a temporary restraining order blocking the implementation of a voter-approved charter amendment requiring the city of Houston to grant its firefighters “pay parity” with police officers of similar rank and experience.

State District Judge Kristen Brauchle Hawkins granted the TRO Friday night at the request of the Houston Police Officers Union, which filed a lawsuit earlier in the day against the city and the Houston Professional Fire Fighters Association. The judge set a hearing for Dec. 14.

The fire union opposed the TRO request, but lawyers for the city did not.

Buckle up, y’all.

MLB All Star Game will no longer determine World Series home field advantage

Hallelujah.

By Source, Fair use, https://en.wikipedia.org/w/index.php?curid=12944222

By Source, Fair use

The Associated Press reported early Thursday morning that, as a part of the new collective bargaining agreement, home-field advantage in the World Series will no longer be determined by the All-Star Game. Home-field advantage will now be awarded to the pennant winner with the better regular season record.

After the 2002 All-Star Game ended in a 7-7 tie, Major League Baseball and the players’ union agreed to allow the “midsummer classic” to decide home-field advantage for the 2003 and ’04 seasons. That agreement was extended to ’05 and ’06 and then was made permanent.

Critics have rightfully said that the All-Star Game is a rather capricious way to determine home-field advantage, which can sometimes be a big factor in the outcome of the season’s final series. Compared to regular season and playoff games, players are oddly used as position players tend to stay in for about three innings and pitchers only get an inning or two on the mound. Players don’t tend to take the game as seriously as they would a regular season or playoff game.

Thank goodness. This was such a dumb thing to do, done in a panicked way after that tie game and the nonstop chatter about it in 2002. The All Star Game has always been an exhibition game, originating in a time when the American and National Leagues were truly separate entities. Even if there was a legitimate need to make a for-funsies game more competitive and meaningful – which I have always argued was baloney – tying its outcome to the World Series made no sense. This is a much more rational way to determine home field advantage. Kudos to all for finally getting it right. Deadspin and Fangraphs have more.