By Rebecca Elliott
Houston Chronicle
HOUSTON — The city of Houston is gearing up to play hardball with its firefighters union in advance of contract mediation by passing less favorable employment terms that would take effect if the firefighters’ current agreement lapses next week.
The changes subject to City Council approval Wednesday would come a month after the fire union declared an impasse in negotiations with the city.
Firefighters’ last contract expired three years ago, and they have been operating under “evergreen” terms since, which has meant forgoing raises in exchange for fewer restrictions on time off.
That arrangement expires June 30, at which point firefighters’ employment terms would revert to those detailed in city ordinance unless mediation talks set to begin Thursday produce a deal first.
The modifications before City Council would implement less favorable overtime and holiday pay rules, cease city payments into a union medical fund and end a program that effectively allows employees to transition into retirement while retaining some employment benefits.
They also would subject several policies to management discretion, potentially putting at risk such employment benefits as minimum staffing requirements, the guaranteed ability to use accrued holidays and the assurance that the fire union president’s position will remain paid.
Houston Professional Fire Fighters Association President Marty Lancton said the city had not consulted with or advised the union about the proposed ordinance changes.
“We have been prepared. We have asked the city for arbitration and mediation,” Lancton said. “The question really becomes: How punitive does the city want to make it?”
Fire Chief Samuel Peña framed the changes as part of an effort to ensure departmental operations continue smoothly if the city and fire union fail to reach an agreement by month’s end.
“We’re planning for Plan B,” Peña said. “At some point, they’ll have a contract in place. And knowing that, we wanted to make sure that structurally we were positioned to keep essentially what we have until we get the successor agreement in place.”
The proposed ordinance maintains incentive pay for paramedics, hazardous materials technicians and others, Peña noted, and also preserves firefighters’ sick leave plan.
The city attorney’s office did not respond to a request for comment, but a mayoral spokeswoman echoed Peña in saying the measure before council was intended to bridge any gap should the firefighters contract lapse.
“The firefighters contract expires at the end of June,” spokeswoman Darian Ward said. “The city must take measures to continue to handle its business and to protect the public safety. The ordinance on the agenda is designed to do just that.”
Finance Director Kelly Dowe said the changes would have a minimal impact on next year’s budget and would save the city money long-term if some of the benefits are not restored in a new contract.
Such a deal would supercede city ordinance.
In the meantime, the fire union’s options are limited by its inability to strike, South Texas College of Law Houston professor Richard Carlson said.
“The city has a right to go ahead and, in most contexts, follow its proposed terms of employment until they have an agreement, as long as the city is negotiating in good faith,” Carlson said.
That mediation process could continue indefinitely.
Houston Professional Fire Fighters Association attorneys said last month they would be willing to ask a state district court to grant firefighters a “prevailing wage” if the city is unwilling to talk.
Union negotiators want annual raises of 6 percent, 6 percent and 8 percent in a new three-year deal - a financial obligation “beyond the city’s capability to pay,” Peña said.
The city, Lancton said, countered with an offer of 2 percent annually over two years.
Firefighters have gone without a raise since 2014, when contract talks broke down.
The conflict over employment terms comes against the backdrop of strained relations between the city and the fire pension board, a separate entity that sued the city last month alleging the pension reform plan effective July 1 violates the Texas Constitution.
Amid such tension, Peña said city services would not be affected.
“As far as the service that the city is getting, we’re going to see the same type of approach,” he said.
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