the City of Round Rock, Texas and Round Rock Fire Chief Larry Hodge v. Jaime Rodriguez and Round Rock Fire Fighters Association
399 S.W.3d 130
| Tex. | 2013Background
- Rodriguez, a Round Rock firefighter, was interviewed regarding a personnel complaint filed by his chief alleging sick-leave misuse.
- Before the interview, Rodriguez requested union representation from the Round Rock Fire Fighters Association; the request was denied.
- A subsequent meeting offered Rodriguez a choice between a five-day suspension or discharge, with Rodriguez agreeing to the suspension after discussion.
- Rodriguez and the Association filed a declaratory judgment claiming Section 101.001 grants a right to representation during investigatory interviews that might lead to discipline.
- The trial court granted summary judgment for Rodriguez and the Association; the court of appeals affirmed.
- The Texas Supreme Court granted the City’s petition to decide whether Section 101.001 confers this representation right for public-sector employees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Section 101.001 confer the right to union representation at investigatory interviews? | Rodriguez asserts the statute allows representation during interviews to protect employees. | The City contends the plain text only grants rights to organize, not representation at interviews. | No, Section 101.001 does not confer the right. |
| Is the Weingarten framework applicable to Texas public-sector employees? | Weingarten supports a right to representation for public employees. | Weingarten is inapplicable because NLRA language differs and Texas lacks analogous provisions. | Weingarten does not apply; Texas legislative text alone governs. |
Key Cases Cited
- NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975) (establishes the Weingarten right for private-sector employees)
- Connell Constr. Co. v. Plumbers & Steamfitters Local Union No. 100, 421 U.S. 616 (1975) (historical context on labor statutes and unions)
- United Mine Workers of Am. v. Coronado Coal Co., 259 U.S. 344 (1922) (historical interpretation of labor statutes and unions)
- Barr v. City of Sinton, 295 S.W.3d 287 (Tex.2009) (constitutional and statutory interpretation in Texas public labor matters)
- Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433 (Tex.2009) (statutory construction framework and legislative intent in Texas)