Arlington Professional Fire Fighters International Association of Fire Fighters, AFL-CIO, Local 1329 David Crow, Shawn Graham, Joseph Markham, Edward Montague, Matthew Throne, and Adrian Rojas v. City of Arlington, Texas City of Arlington, Texas, City Council City of Arlington, Texas, Civil Service Commission Jim Ross, in His Official Capacity as Mayor of the City of Arlington Helen Moise, in Her Official Capacity as a Member of the City of Arlington, Texas, City Council Ralph Gonzalez, in His Official Capacity as a Member of the City of Arlington, Texas, City Council Nikkie Hunter, in Her Official Capacity as a Member of the City of Arlington, Texas, City Council
02-19-00156-CV
| Tex. App. | Sep 16, 2021
Case Information

*1 In the

Court of Appeals Second Appellate District of Texas

at Fort Worth

No. 02-19-00156-CV A P ROFESSIONAL F IRE On Appeal from the 96th District IGHTERS I NTERNATIONAL Court SSOCIATION OF IGHTERS AFL-CIO, L OCAL 1329; AVID ROW ; HAWN G RAHAM ; J OSEPH ARKHAM ;

E DWARD ONTAGUE ATTHEW

T HRONE AND DRIAN OJAS

Appellants . ITY OF RLINGTON T EXAS RLINGTON IVIL ERVICE IM OSS IS AYOR OF ELEN OISE APACITY AS

A of Tarrant County (096-297772-18) ALPH G ONZALEZ IS ITY

OF ITY N IKKIE UNTER ITY NDREW P IEL

O FFICIAL C APACITY AS A M EMBER OF

THE C ,

C ITY C OUNCIL R EBECCA B OXALL IN

H ER O FFICIAL C APACITY AS A C C ITY C UBY AYE W OOLRIDGE IN H ER

O FFICIAL C APACITY AS A EMBER OF

THE C

C ITY C ICTORIA ARRAR - YERS IN H ER O FFICIAL C APACITY

AS A

B ARBARA O DOM -W ESLEY September 16, 2021 O FFICIAL APACITY AS A EMBER OF

THE D ON ROWSON IN

HIS OFFICIAL CAPACITY AS RLINGTON HIEF Y OKO ATSUMOTO ER APACITY AS THE RLINGTON D IRECTOR OF UMAN ESOURCES AND IVIL S ERVICE INDY AO HAIR OF THE RLINGTON IVIL S ERVICE OMMISSION ICK ARRIS IS EMBER OF RLINGTON IVIL ERVICE OMMISSION ASON K AY IVIL ERVICE Memorandum Opinion by Justice Appellees Bassel

JUDGMENT

This court has considered the record on appeal in this case and holds that there was error in part of the trial court’s judgment. It is ordered that the judgment of the trial court is affirmed in part and reversed in part.

We reverse that portion of the trial court’s judgment that granted summary judgment as to Appellants’ claims that Appellees retaliated against the them (1) by cancelling certain types of discretionary pay previously paid and (2) by failing to promote by denying promotions. We reverse and remand to the trial court solely as to these two retaliation claims for further proceedings consistent with this opinion. With respect to the surviving retaliation claims, we further hold that the trial court erred when it held that Appellant Arlington Professional Fire Fighters, International Association of Fire Fighters, AFL-CIO, Local 1329 lacked standing to assert those claims.

We affirm the remainder of the trial court’s judgment.

It is further ordered that Appellees shall pay all of the costs of this appeal, for which let execution issue.

SECOND DISTRICT COURT OF APPEALS By /s/ Dabney Bassel Justice Dabney Bassel