Employee Representatives & t he Significance of City of Round Rock v. Rodriguez

1. Employee Representatives & the Significance of City of Round Rock v. Rodriguez Presented by: Haley Turner Attorney at Law hturner@wabsa.com

2. When is a Texas public employee entitled to union or association representation? • Grievance conferences/hearings? • Contract nonrenewal/termination hearings? • Investigation interviews? • Conferences regarding performance? • Parent-teacher conferences? The Issue

3. NLRB v. Weingarten, 420 U.S. 251 (1975) • Interpreted the National Labor Relations Act granting private sector employees the right to union representation when the employee reasonably believes that the interview could result in disciplinary action. • Following Weingarten, Congress extended the right of representation to federal public-sector employees by statute. • States were left to decide whether their public employees would be granted some form of “Weingarten” rights. RelevantCase Law

4. Jaime Rodriguez, a firefighter with the Round Rock Fire Department was called into a meeting with his supervisors to discuss a complaint filed against him for alleged use of sick leave. • Rodriguez was told that “since this was an Internal Interview you may not be represented during our meeting, however, if a pre-disciplinary meeting is set following our meeting you would be eligible for representation at that time.” • Rodriguez asserted the right to union representation prior to the meeting by requesting representation from the Round Rock Fire Fighters Association. His request was denied by the Chief. City of Round Rock v. Rodriguez

5. Rodriguez and the Fire Fighters Association filed a declaratory judgment action alleging that the Chief and the City violated his right to union representation under Texas Labor Code § 101.001. • Rodriguez and the Association also sought an injunction to prevent the Fire Dept. from denying fire fighters their right to representation in future investigatory interviews. City of Round Rock v. Rodriguez

6. Right to Organize: All persons engaged in any kind of labor may associate and form trade unions and other organizations to protect themselves in their personal labor in their respective employment. Tex. Labor Code § 101.001

7. Does Texas Labor Code § 101.001 grant the same right of representation as that found in Weingarten (i.e., representation when the employee reasonably believes that discipline could result)? • If so, does that right extend to state and local public employees? • The presence of union representatives at employment related meetings is common in other states. • The role of unions in Texas is very different. Unions do not have collective bargaining rights or the right to strike. Issues

8. THE LOWER COURTS GAVE US A SCARE… • The trial court declared that Rodriguez was denied his right to union representation under § 101.001 of the Labor Code. • The trial court also enjoined the Chief and the City from denying firefighters the right to representation on request in investigatory interviews. • The Court of Appeals affirmed the trial court’s decision. Procedural History

9. According to the trial court and the Third Court of Appeals, all public-sector employees are entitled to union representation upon request at any investigatory interview that they reasonably believe might result in discipline. Why was this decision concerning? • Subjective determination; • Could encompass many meetings and conversations that take place between employees and supervisors every day; • Potential effect on the number of employment disputes; • Potential effect on efficiency. So what?

10. The Texas Supreme Court found that the statute did not indicate that a specific right to have a union representative present at an investigatory interview exists. • The Court found only one explicit right: the right to organize into a trade union or other organization. TX SUPREMES GET IT RIGHT

11. The Texas Supreme Court affirmed the right of school districts to deny access of an employee’s representative to most conferences and meetings. • Weingarten rights apply only to private-sector employees – it wasn’t until Congress passed legislation that the same right was extended to federal public-sector employees. • The Texas Legislature never opted to make that same extension. • If Texas wants to grant the same right to its public-sector employees, it must do so by way of legislation. Bottom Line

12. When is an employee entitled to representation? • Grievance conferences/hearings – YES • Nonrenewal hearings – YES • Contract termination hearings – YES • Investigation interviews – NO • Evaluation/appraisal meetings – NO • Conferences re: misconduct/discipline – NO • Unique circumstances may require that you vary from these rules—contact legal counsel if you are uncertain how to proceed. Bottom Line

13. Employee Representatives & the Significance of City of Round Rock v. Rodriguez Presented by: Haley Turner Attorney at Law hturner@wabsa.com