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City of Round Rock v. Rodriguez

Texas Supreme Court

399 S.W.3d 130 (2013)

Facts

Jaime Rodriguez (plaintiff) was employed as a firefighter by the City of Round Rock, Texas (defendant) when he was called into an interview about a personnel complaint filed by his chief alleging that Rodriguez had misused sick time. Rodriguez was told the complaint could result in discipline, including termination of employment and possible criminal charges. Rodriguez requested and was denied representation by a representative of the Round Rock Firefighters Association (association). Rodriguez was instructed not to discuss the investigation with the union and was subsequently given the choice to accept a five-day suspension and waive his appeal and grievance rights or be discharged. Rodriguez accepted the suspension. Three months later, Rodriguez and the association filed suit, seeking a declaration that the city had violated Rodriguez’s right to representation, inherent in the Texas Labor Code’s guarantee of the right to unionize for protection, and seeking to enjoin future violations. The trial court granted summary judgment for Rodriguez and the association, and the court of appeals affirmed. The city filed an appeal in the Texas Supreme Court.

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Holding and Reasoning (Green, J.)

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Dissent (Jefferson, C.J.)

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