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Laws, Rulings & Legal Opinions

This page will provide members with quick refereces on Texas Statutes that affect fire fighters; Federal & State legal rulings; and any current Legal issues this Local may be involved in.

Please keep in mind that there will be times when current information cannot be posted in order to preserve the integrety of legal defenses and/or protect the wishes of members directly involved



Legal Opinions
May 03, 2014
When there is a disagreement about the interpretation of laws affecting firefighters, the EBoard will seek a Legal Opinion from trusted Legal Council. When those opinions are received, they will be poste as a PDF here.
Download: Vacancy and Promotions - Legal Opinion.pdf , Personnel Files (g) per 143.089 - Opinion Letter.pdf , 2004 Pay Implementation - Opinion.pdf

Texas Fire Fighter Statutes
Mar 07, 2013
This PDF document contains all of the laws that affect Texas Fire Fighters and is a main resource tool. It is updated following the close of each Texas Legislative session.
Download: Texas Statutes - 2011-2013.pdf

Weingarten Rights
Aug 25, 2011
A few months ago I posted an article about Weingarten Rights only to pull it until we could confirm that despite Texas being a "Right to Work" State, we do indeed have these rights. The following article is written by me from information gathered at the Texas City Attorneys Association Website.
Download: Weingarten Rights in Texas.pdf

Loudermill Rights
Dec 02, 2011


Download: Loudermill Rights.pdf

Civil Service Updates
Jan 12, 2011

Download: Civil Service Updates June 2010.pdf

Current Texas Legislation - July 2011 Conclusion of Legislation
Jul 07, 2011

Download: Texas House Bill 43 - Investigations of FFs.pdf , Texas House Bill 342 - Action after ruling.pdf , SB 344 - Clarification of Seniority & Cert Pays etc.pdf , Legislative Update 06-01-2011.pdf

Know Your Rights
Aug 24, 2011

When Questioned - Knowing Your Rights Can Save Your Job

 Your Employer May … 

· Not interrogate you off-duty without compensation.

· Not subject you to physical or verbal abuse

· Not subject you to threats or promise of reward

· Force you to answer questions without representation.  (Never disobey a direct order)

· Require you to take a lie-detector test.  (this is not admissible in an appeal hearing.)

· Search your private space or lockers if given prior notice that they are subject to search.

 

Before Any Questioning, Your Employer Should... 

· Tell you if you are under investigation for misconduct.

· Tell you who will be conducting any investigation.

· Tell you if your responses could result in disciplinary action.

· Tell you the nature of any possible charges.

· Authorize audio recordings of any inquiry. 

 

If there is a complaint against you (Sub-Chapter B. Texas Government Code § 614.021 — .023)

You must be presented a copy of the signed complaint before there can be any disciplinary action. 

 

You Have The Right... 

· To ask if you are at risk of disciplinary action.

· To ask for Association representation before responding to any questions.

· To request Audio Recording of any statement made.

· To not volunteer to take a lie detector, alcohol or drug test

· To make note of physical or verbal abuse, threats, extortion or any other attempt to compel your answers.

 

Always Ask:  “Can This Lead To Disciplinary Action?”

If The Answer is “Yes”: Ask For Representation!!

If The Answer is “No: Ask for documentation (written or audio)

 

If you are compelled to make a statement or answer questions without Union Representation or in violation of any other of your rights, you must always obey a direct order and comply.

Before you comply, request the following “Non-Waiver Statement” to be recorded and then read the following statement:

“I am making this statement in compliance with a direct order with the understanding that I am subject to disciplinary action up to and including indefinite suspension if I do not comply. In making this statement, I do not waive my right to representation pursuant to TEXAS GOVERNMENT CODE Chapter 617; sub-section 617.005”


Download: Know Your Rights Card (Front & Back).doc



Page Last Updated: May 03, 2014 (13:07:00)
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1501 Meyers Rd Irving, TX (Larry Erwin's Barn)
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