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Court sides with Texas fire union in ‘evergreen clause’ case

The Fourth Court of Appeals ruled that the clause that keeps nearly an entire contract valid for up to a decade after it expires is not unconstitutional

By FireRescue1 Staff

SAN ANTONIO —The Texas Fourth Court of Appeals ruled against San Antonio’s appeal to assert that part of the Professional Firefighters Association’s collective-bargaining agreement is unconstitutional.

My San Antonio reported that the court ruled against San Antonio, who argued that the “evergreen clause” in the agreement, which keeps almost an entire contract valid for up to a decade after it expires, violated the Texas Constitution.

Mayor Ron Nirenberg and City Manager Sheryl Sculley said the city will keep appealing the decision and that they both think they will ultimately be successful.

“We are going to continue to push toward good-faith negotiations while this legal path is followed,” Mayor Nirenberg said. “And if we get a contract negotiated before the ultimate Supreme Court decision, then that becomes a non-issue.”

The fire union has not yet agreed to begin negotiations with the city, who has asked them nine different times.

Union boss Chris Steele said they “will not negotiate with a gun to our heads.”

The union believes the court will continue to uphold their decision.

“I don’t understand why they continue to waste the taxpayer dollars,” Steele said.