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1 6/28/ :04 AM Chris Daniel - District Clerk Harris County Envelope No By: Nelson Cuero Filed: 6/28/ :04 AM CAUSE NO. HOUSTON PROFESSIONAL IN THE DISTRICT COURT OF FIRE FIGHTERS ASSOCIATION, LOCAL 341, Plaintiff HARRIS COUNTY, TEXAS vs. CITY OF HOUSTON, TEXAS, Defendant JUDICIAL DISTRICT PLAINTIFF S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, HOUSTON PROFESSIONAL FIRE FIGHTERS ASSOCIATION, LOCAL 341 (hereinafter referred to as "Plaintiff") complaining of The City of Houston, Texas (hereinafter referred to as "Defendant") and would respectfully show unto this Honorable Court as follows: DISCOVERY PLAN AND RULE 47 STATEMENT In accordance with Rule of the Texas Rules of Civil Procedure, discovery will be conducted pursuant to Level 2. As required by Tex. R. Civ. P. 47(c), Plaintiff seeks monetary relief over $1,000,000. PARTIES Plaintiff is a Texas corporation, duly incorporated under the laws of the State of Texas, with its principal place of business in Houston, Harris County, Texas. Plaintiff is the exclusive bargaining agent for fire fighters employed by the City of Houston Fire Department. 1

2 Defendant City of Houston, Texas, is a home rule municipality situated in Harris and Fort Bend Counties with its principal place of government located in Harris County, Texas. It may be served with a copy of this petition by serving the City Secretary, Anna Russell, at 900 Bagby, Houston, Harris County, Texas JURISDICTION AND VENUE This Court has jurisdiction over this action pursuant to Chapter 174 of the Texas Local Government Code. Jurisdiction and venue of all causes of action contained herein are proper and appropriate in Harris County, Texas, under Chapter 15, Texas Civil Practices and Remedies Code (a)(1) because all of, or a substantial part of, the events or omissions giving rise to this lawsuit occurred in Harris County, Texas. Further, a majority of affected fire fighters reside in Harris County, Texas, as required by of the Texas Local Government Code. FACTUAL BACKGROUND AND REQUESTED RELIEF Pursuant to Section of the Texas Local Government Code, a political subdivision that employs fire fighters, police officers, or both, shall provide those employees with compensation and other conditions of employment that are: (1) substantially equal to compensation and other conditions of employment that prevail in comparable employment in the private sector; and 2

3 (2) based on prevailing private sector compensation and conditions of employment in the labor market area in other jobs that require the same or similar skills, ability, and training and may be performed under the same or similar conditions. The Collective Bargaining Agreement (CBA) between Plaintiff and Defendants expires on June 30, Defendant is not in compliance with Section and is therefore violating Section Texas Local Government Code Section states that an impasse in the collective bargaining process is considered to have occurred if the parties do not settle in writing each issue in dispute before the 61st day after the date on which the collective bargaining process begins. The collective bargaining process began on March 14, 2017, and the 61-days occurred on May 14, 2017, without resolving each issue in dispute. Therefore, the Defendant and Plaintiff have reached IMPASSE as that term is described in Section The Plaintiff requested that the Defendant agree to arbitration on May 15, 2017, which was within the 5-day window as set out in Section (b) A request for arbitration must be made not later than the fifth day after: (1) the date an impasse was reached under Section ; or (2) the expiration of an extension period under Section (c) An election by both parties to arbitrate must: (1) be made not later than the fifth day after the date arbitration is requested; and 3

4 (2) be a written agreement to arbitrate. (d) A party may not request arbitration more than once in a fiscal year. Defendant refused to go to arbitration. Section confirms that Chapter 174 does not require compulsory arbitration. The City of Houston elected to PLAY HARDBALL with the fire fighters and not bargain in good faith. Therefore, the fire fighters have no choice but to seek judicial enforcement in accordance with Section : (a) (b) If an association requests arbitration as provided by Subchapter E and a public employer refuses to engage in arbitration, on the application of the association, a district court for the judicial district in which a majority of affected employees reside may enforce the requirements of Section as to any unsettled issue relating to compensation or other conditions of employment of fire fighters, police officers, or both. If the court finds that the public employer has violated Section , the court shall: (1) order the public employer to make the affected employees whole as to the employees' past losses; (2) declare the compensation or other conditions of employment required by Section for the period, not to exceed one year, as to which the parties are bargaining; and (3) award the association reasonable attorney's fees. (c) The court costs of an action under this section, including costs for a master if one is appointed, shall be taxed to the public employer. 4

5 Plaintiff requests that this Court enforce the requirements of Section and award to Plaintiff all relief described in Section CONDITIONS PRECEDENT All conditions precedent to Plaintiff s recovery have been performed and have occurred. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendant be cited to appear and answer herein, and on final trial hereof, Plaintiff have judgment as follows: 1. that the affected employees be made whole for Defendant s violations of Section ; 2. a declaration of the compensation and other conditions of employment required by Section for one year; 3. reasonable attorneys fees; and 4. for pre-judgment and post-judgment interest at the legal rate and such other and further relief that Plaintiff may show itself justly entitled. Respectfully submitted, E. TROY BLAKENEY, JR., P.C. /s/ E. Troy Blakeney E. TROY BLAKENEY, JR. State Bar No N. Loop W. #1000 Houston, Texas Telephone: (713) Fax: (713) troy@troyblakeney.com 5

6 THE MUMEY LAW FIRM, P.L.L.C. Richard Charles Mumey State Bar No North Loop West, Suite 1000 Houston, Texas (713) telephone (713) facsimile ATTORNEYS FOR PLAINTIFF HOUSTON PROFESSIONAL FIRE FIGHTERS ASSOCIATION, LOCAL 341 6