Jefferson County Constables Association v. Jefferson County, TexasJefferson County Constables Association v. Jefferson County, Texas
Philip Babin, Asst. Criminal District Attorney, Steve Wiggins, District Attorney‘s Office, Beaumont, TX, for the Appellee.
OPINION
Opinion by Justice Perkes1
Appellee Jefferson County, Texas (“County”) filed suit seeking to vacate an arbitration award entered in favor of appellant Jefferson County Constables Association (“Constables Association”) concerning a collective bargaining agreement between the parties. After the parties filed competing motions for summary judgment, the trial court entered judgment in favor of the County, thereby vacating the arbitration award. By two issues, which we treat as one, the Constables Association argues the trial court erred in vacating the award because: (1) “[t]he arbitrator did not exceed his jurisdiction and had the inherent power to issue the Arbitration Award”; and (2) “[t]he Arbitration Award did not violate the Local Government Code or any statute.” We reverse and render.
I. Background
The County and Constables Association entered into a collective bargaining agreement for the period commencing on October 1, 2007, and ending on September 30, 2011. The agreement generally addressed “standards of wages, hours and other terms and conditions of employment” for deputy constables employed by the County. The agreement also provided for binding arbitration of “all disputes concerning the proper interpretation and application of th[e] agreement, or alleged violations of th[e] agreement[.]” The parties’ dispute
During the period of the agreement, the County eliminated several deputy constable positions. The Constables Association complained to the County that the layoffs violated the requirement that seniority be the sole factor for layoffs, and the dispute was submitted to arbitration. The arbitrator determined the County violated the agreement “by laying off or failing to budget for specific deputy constables without regard to seniority[.]” The arbitrator awarded the following:
- The parties shall met [sic] and negotiate to agree on the seniority ranking of the deputy constables to determine which constables should be reinstated and in what order.
- The County shall reinstate those deputy constables laid off and pay the back wages, less the income made by the deputy from other employment, in the order of their seniority.
The County filed an original petition seeking to vacate the arbitration award, contending: (1) the arbitrator lacked jurisdiction to render the award; (2) the arbitrator exceeded his jurisdiction by controlling the budgetary process of the County; (3) the award was not supported by competent, material, or substantial evidence found in the record; and (4) the arbitrator did not properly interpret the agreement.
Subsequently, the parties filed competing motions for summary judgment, with the summary judgment record consisting of only the agreement and the arbitration award. In its motion, the County argued the arbitration award should be vacated on two grounds: (1) the arbitrator lacked jurisdiction to reinstate the deputy constables because
The trial court granted the County‘s motion for summary judgment, thereby vacating the arbitrator‘s award. This appeal followed.
II. Subject Matter Jurisdiction
As a threshold matter, we must address whether deputy constables have collective bargaining rights under chapter 174 of the
A. Standard of Review and Applicable Law
1. Standing & Subject Matter Jurisdiction
Subject matter jurisdiction is essential to the authority of a court to decide a case. Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 443 (Tex.1993). Subject matter jurisdiction is an issue that may be raised for the first time on appeal; it may not be waived by the parties. Id. at 445. Standing is implicit in the concept of subject matter jurisdiction. Id. at 443. “A court has no jurisdiction over a claim made by a plaintiff who lacks standing to assert it.” Heckman v. Williamson County., 369 S.W.3d 137, 150-51 (Tex.2012).
A determination of standing focuses on whether a party has a “justiciable interest” in the outcome of the lawsuit, such as when it is personally aggrieved or has an enforceable right or interest. Austin Nursing Ctr., Inc. v. Lovato, 171 S.W.3d 845, 849 (Tex.2005) (citing Nootsie, Ltd. v. Williamson County Appraisal Dist., 925 S.W.2d 659, 661 (Tex.1996)). An association has standing to sue on behalf of its members when (a) its members would otherwise have standing to sue in their own right; (b) the interests it seeks to protect are germane to the organization‘s purpose; and (c) neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit. Tex. Workers’ Comp. Comm’n v. Garcia, 893 S.W.2d 504, 518 (Tex.1995). As a component of subject matter jurisdiction, standing is a question of law we review de novo. See Mayhew v. Town of Sunnyvale, 964 S.W.2d 922, 928 (Tex. 1998); Tex. Ass‘n of Bus., 852 S.W.2d at 445-46.
2. Statutory Construction
To the extent our jurisdictional inquiry requires the construction of the FPERA, our review is de novo. Molinet v. Kimbrell, 356 S.W.3d 407, 411 (Tex. 2011). Our fundamental objective in interpreting a statute is “to determine and give effect to the Legislature‘s intent.” Am. Zurich Ins. Co. v. Samudio, 370 S.W.3d 363, 368 (Tex.2012); accord Molinet, 356 S.W.3d at 411. In turn, “[t]he plain language of a statute is the surest guide to the Legislature‘s intent.” Prairie View A & M Univ. v. Chatha, 381 S.W.3d 500, 507 (Tex.2012). “We take the Legislature at its word, and the truest measure of what it intended is what it enacted.” In re Office of Attorney Gen., 422 S.W.3d 623, 629 (Tex.2013). “[U]nambiguous text equals determinative text,” and “‘[a]t this point, the judge‘s inquiry is at an end.’” Id. (quoting Alex Sheshunoff Mgmt. Servs., L.P. v. Johnson, 209 S.W.3d 644, 652 (Tex. 2006)); see In re Lee, 411 S.W.3d 445, 450-451 (Tex.2013).
B. Analysis
“An official of the state or of a political subdivision of the state may not enter into a collective bargaining contract with a labor organization regarding wages, hours, or conditions of employment of public employees.”
Texas courts have concluded that deputies, detention officers, and jailers employed by a sheriff‘s office are all “police officers” under the FPERA, while park rangers employed by a parks department are not. See City of San Antonio v. San Antonio Park Rangers Ass‘n, 850 S.W.2d 189, 192-93 (Tex.App.-San Antonio 1992, writ denied) (park rangers); Webb County v. Webb County Deputies Ass‘n, 768 S.W.2d 953, 955 (Tex.App.-San Antonio 1989, no writ) (detention officers and jailers); Comm‘rs Ct. of El Paso County. v. El Paso County Sheriff‘s Deputies Ass‘n, 620 S.W.2d 900, 902 (Tex.Civ.App.-El Paso 1981, writ ref‘d n.r.e.) (sheriff deputies).
In Wolff, our sister court of appeals held that deputy constables “do not meet the definition of ‘police officer’ under the [FPERA] because they do not serve in the ‘police department’ of the county or the Sheriff‘s Office.” 441 S.W.3d at 366. On this basis, the court concluded that deputy constables lack standing to bring a suit under the FPERA. Id. For the reasons set out below, we disagree with the holding in Wolff.2
“[C]onstables and their deputies, are statutorily designated as peace officers under article 2.12 of the Code of Criminal Procedure.” Arrington v. County of Dallas, 792 S.W.2d 468, 470 (Tex.App.-Dallas 1990, writ denied) (citing
We conclude that deputy constables are (1) paid employees, (2) who are sworn, certified, and full-time, and (3) who regularly service in a professional law enforcement capacity. See
In Commissioners Court of El Paso County v. El Paso County Sheriff‘s Deputies Association, the El Paso Court of Appeals held that deputy sheriffs were subject to the provisions of the FPERA. 620 S.W.2d at 902. The court noted that sheriff deputies are employed by counties, which are political subdivisions of the State. Id. The court then explained that “given the liberal construction which the [FPERA] itself calls for, it must be concluded that deputy sheriffs and their public employer, counties, are included and covered by the [FPERA.]” Id. We believe the court‘s rationale concerning deputy sheriffs extends to deputy constables.
The County maintains that FPERA‘s requirement that police officers serve in “the police department of a political subdivision” means there can be only one qualifying police department for a political subdivision, which for counties would be the sheriff‘s department. We agree that this limiting language would exclude certain peace officers who do not serve in what can be categorized as a “police department.” See San Antonio Park Rangers Ass‘n, 850 S.W.2d at 192-93 (concluding park rangers were not “police officers” under FPERA because they served city‘s parks and recreation department and not police department). However, we do not interpret such language as operating to exclude deputy constables, who work in a county law enforcement office established by the Texas Constitution.
We conclude the parties’ collective bargaining agreement is authorized by the FPERA. Therefore, the parties have standing to enforce the agreement, and we have subject matter jurisdiction to hear the appeal. See Heckman, 369 S.W.3d at 150-51.
III. Arbitration Award
By two issues, the Constables Association argues the trial court erred in vacating the arbitration award because, contrary to those grounds raised in the County‘s motion for summary judgment, the arbitrator did not exceed his jurisdiction, and the reinstatement of the deputy constables does not violate public policy or the law.
A. Standard of Review and Applicable Law
We review a summary judgment de novo. Provident Life & Accident Ins. Co. v. Knott, 128 S.W.3d 211, 215 (Tex.2003). “When both sides move for summary judgment and the trial court grants one motion
Our review of a trial court‘s decision to confirm or vacate an arbitration award is de novo. Pettus v. Pettus, 237 S.W.3d 405, 418 (Tex.App.-Fort Worth 2007, pet. denied). We indulge every reasonable presumption in favor of the arbitrator‘s decision. Id. Arbitration of disputes is strongly favored under state and federal law. Prudential Sec., Inc. v. Marshall, 909 S.W.2d 896, 898 (Tex.1995) (orig.proceeding). Therefore, judicial review of an arbitration award is extraordinarily narrow. E. Tex. Salt Water Disposal Co. v. Werline, 307 S.W.3d 267, 271 (Tex.2010). The review focuses on the integrity of the process, not the propriety of the result. Jones v. Brelsford, 390 S.W.3d 486, 492 (Tex.App.-Houston [1st Dist.] 2012, no pet.). Thus, even a mistake of fact or law by the arbitrator is not a proper ground for vacating an award. Universal Computer Sys., Inc. v. Dealer Solutions, L.L.C., 183 S.W.3d 741, 752 (Tex.App.-Houston [1st Dist.] 2005, pet. denied).
Absent an allegation of a statutory or common law ground to vacate or modify an arbitration award, a reviewing court lacks jurisdiction to review the arbitrator‘s decision. In re Guardianship of Cantu de Villarreal, 330 S.W.3d 11, 18 (Tex.App.-Corpus Christi 2010, no pet.). In this case, the County did not identify any applicable statutory grounds; therefore, our review is limited to the common law grounds asserted by the County.3
Under the common law, a trial court can vacate an arbitrator‘s award if it violates public policy or the law or if the award exceeds the scope of the arbitrator‘s authority.4 Lee v. El Paso County, 965
To support vacatur of an arbitration award based upon public policy, a concern must be “well defined and dominant” and not derived “from general considerations of supposed public interests.” CVN Group, Inc. v. Delgado, 95 S.W.3d 234, 239-40 (Tex.2002) (quoting United Paperworkers Int‘l Union v. Misco, Inc., 484 U.S. 29, 44, 108 S.Ct. 364, 98 L.Ed.2d 286 (1987)). For example, an arbitration award may be set aside if it is based on an unlawful contract or illegal transaction. Id. at 237-38 (“[A]n illegal contract unenforceable by litigation should not gain legitimacy through arbitration.”). An arbitration award that directly conflicts with a Texas constitutional provision also violates public policy. Id. at 239; see also Lee, 965 S.W.2d at 673 (considering a constitutional provision that prohibits granting extra compensation for services already rendered).
“[T]he authority of arbitrators is derived from the arbitration agreement and is limited to a decision of the matters submitted therein either expressly or by necessary implication.” City of Pasadena v. Smith, 292 S.W.3d 14, 20 n. 41 (Tex. 2009) (quoting Gulf Oil Corp. v. Guidry, 160 Tex. 139, 327 S.W.2d 406, 408 (1959)). Arbitrators therefore exceed their authority when they decide matters not properly before them. See Gulf Oil Corp., 327 S.W.2d at 408; City of Baytown v. C.L. Winter, Inc., 886 S.W.2d 515, 518 (Tex.App.-Houston [1st Dist.] 1994, writ denied).
B. Discussion
We first note that the trial court‘s order did not specify the grounds for granting summary judgment; therefore, we will affirm if any of the summary judgment grounds raised by the County are meritorious. See FM Props., 22 S.W.3d at 872; Stiles v. Resolution Trust Corp., 867 S.W.2d 24, 26 (Tex.1993) (“[A] summary judgment cannot be affirmed on grounds not expressly set out in the motion or response.”). In its motion for summary judgment, the County raised the following grounds for vacating the arbitration award: (1) the arbitrator lacked jurisdiction to reinstate deputy constables because section 86.011 of the Local Government Code vests the authority for the appointment of deputy constables with the constable and the commissioner‘s court for the County; and (2) the arbitrator exceeded his jurisdiction by ignoring a provision of the agreement which provided the County with the authority to “lay off for lack of work or funds (and) the right to abolish positions.”
1. Violation of the Law or Public Policy
We construe the County‘s first summary-judgment ground as seeking vacatur under the common law on the basis that the arbitration award violates public policy or the law. See Lee, 965 S.W.2d at 672.
The arbitration award provides that “the parties shall met [sic] and negotiate to agree on the seniority ranking of the deputy constables to determine which constables should be reinstated and in what order.” The award further provides that “[t]he County shall reinstate those deputy constables laid off and pay the back wages, less income made by the deputy from other employment, in the order of their seniority.” Rather than ordering the County to appoint new deputy constables, the award requires reinstatement of the deputy constables whose initial appointments were already approved in accordance with
We conclude under these facts that the arbitrator‘s award did not usurp any statutory authority of the County concerning the appointment of deputy constables, and therefore the trial court‘s summary judgment is not supported on the ground that the award violates the law or public policy. See Lee, 965 S.W.2d at 672; FM Prop‘s Operating Co., 22 S.W.3d at 872.
2. Authority of the Arbitrator
The County‘s motion for summary judgment also argued that the arbitrator exceeded his jurisdiction by ignoring a provision of the agreement which provided the County with the authority to “lay off for lack of work or funds (and) the right to abolish positions.” Article 8 of the agreement, titled “Management Rights”, provides in pertinent part as follows:
Except as otherwise specifically provided herein, the direction of the work force and the management of the Constable‘s office, including, but not limited to, ... the right to lay off for lack of
work or funds, the right to abolish positions ... are vested exclusively in the Constable and/or County as applicable.
The Constables Association argues that the arbitration award was authorized by Article 13, Section IV, titled “Lay-off/recall”, which provides that “[s]eniority shall be the sole factor in layoff and recall, with layoff being accomplished beginning with the least senior deputy, and recall beginning with the most senior deputy in the highest job classification.”
We note that the agreement provides the arbitrator with the authority to resolve “[a]ll disputes concerning the proper interpretation and application of this Agreement.” Therefore, the interpretation of the relevant provisions concerning seniority and layoffs was properly before the arbitrator. The County‘s argument is not that the arbitrator did not have the authority to interpret the agreement, but that the arbitrator decided the issue incorrectly. However, in determining whether the arbitrator exceeded his authority, we need not decide whether the arbitrator made a correct decision under the law and facts of the case. See D.R. Horton-Texas, Ltd. v. Bernhard, 423 S.W.3d 532, 535 (Tex.App.-Houston [14th Dist.] 2014, pet. denied) (concluding issue of attorney‘s fees was clearly submitted to arbitrator, while declining to decide whether arbitrator‘s decision was correct under law and facts of case); Universal Computer Sys., 183 S.W.3d at 752.
Our review focuses on the integrity of the process, not the propriety of the result; therefore, even a mistake of fact or law by the arbitrator is not a proper ground for vacating an award. See Universal Computer Sys., 183 S.W.3d at 752. The interpretation of the agreement‘s provisions concerning seniority and layoffs was clearly submitted to the arbitrator, and the arbitrator consulted the contractual provisions when reaching his conclusion. Under these circumstances, we cannot conclude that the arbitrator exceeded his authority by determining the County violated the agreement and awarding reinstatement of certain deputy constables. See Gulf Oil Corp., 327 S.W.2d at 408; City of Baytown, 886 S.W.2d at 518. Therefore, we cannot affirm summary judgment on this ground. See FM Props., 22 S.W.3d at 872.
3. Summary
We conclude the summary judgment grounds raised by the County are without merit. See FM Props., 22 S.W.3d at 872; Knott, 128 S.W.3d at 215. Absent a meritorious ground for vacating the arbitration award, the trial court erred in granting summary judgment in favor of the County and in denying the Constables Association‘s motion for summary judgment. See Mann Frankfort, 289 S.W.3d at 848. We sustain the Constables Association‘s issue.
IV. Conclusion
We reverse the judgment of the trial court and render judgment in favor of the Constables Association.
Notes
An elected constable who desires to appoint a deputy must apply in writing to the commissioners court of the county and show that it is necessary to appoint a deputy in order to properly handle the business of the constable‘s office that originates in the constable‘s precinct. The application must state the name of the proposed deputy. The commissioners court shall approve and confirm the appointment of the deputy only if the commissioners court determines that the constable needs a deputy to handle the business originating in the precinct.
Section 151.001 provides that “[a] district, county, or precinct officer who requires the services of deputies, assistants, or clerks in the performance of the officer‘s duties shall apply to the commissioners court of the county in which the officer serves for the authority to appoint the employees.”