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Thank you for your interest in the Austin Firefighters Association (AFA) City Charter amendment initiative, which will be Prop A on the May 1st, 2021 ballot.
The Austin Firefighters Association is a nonpartisan organization that works to strengthen relations between Austin firefighters, the City, and the local community. We believe the City of Austin deserves fair, safe and efficient firefighter services. Signing the petition will get us there quicker by ensuring the negotiations between the City and the firefighters arrive at an efficient, fair decision that keeps everyone safe.
Here’s the answer to our most frequently asked question:
QUESTION: Does the firefighters’ proposed City Charter amendment only affect firefighters and NOT Police?
ANSWER: Yes, IF passed by a vote of Austin’s citizens next May, this is a firefighter-only effort and will only affect Austin Firefighters.
“The passing of this amendment can save the citizens of Austin money, solve labor disputes quickly and allow firefighters to concentrate on their job of emergency response without distraction. Of the last (6) management/ firefighter bargaining cycles, the City caused impasse (3) times. These impasses, a deadlock in negotiations, caused personnel shortages as well as legal expenses that have cost the citizens of Austin tens of millions of tax dollars. Money that would be much better spent on tangible, citizen services.” Bob Nicks, President of the Austin Firefighters Association
To learn more about AFA’s effort to promote a fair and impartial dispute resolution process that can be used equally by both City Management or the Austin Firefighters, please review our very own AFA Committee Report distributed to our membership (see below).
AFA Binding Arbitration Committee Report
09/18/2020
What is Binding Arbitration?
Binding arbitration is simply a dispute resolution procedure defined under State law that can be used when:
Impasse is declared during our labor contract negotiations and,
BOTH sides agree to use binding arbitration for dispute resolution
The AFA proposed City Charter Amendment initiative would allow binding arbitration to be compulsory upon the request of management or labor.
Binding Arbitration is defined in Texas State law and provides for the selection of a neutral arbitrator that receives presentations of evidence from both labor and management. Then, based on this evidence and current contract wording, the arbitrator makes a ruling on an issue by issue basis for the items that remain in dispute.
Currently, binding arbitration is non-compulsory, so both labor and management would need to agree to use it during impasse to resolve disputes.
Where in State law does the Binding Arbitration Dispute Resolution Procedure Exist?
This dispute resolution procedure is detailed in Sections 174.153 thru 174.204 of the Texas Local Government Code Chapter 174, Police and Fire Relations. This section of the code is more commonly known as the Fire and Police Employees Relations Act or Fire and Police Collective Bargaining Statute.
In 2004 the AFA launched a successful effort to place Collective Bargaining on the ballot and it was adopted by a vote of the citizens of Austin in the Fall of 2004.
How does the City and the Austin Firefighters Obtain Binding Arbitration?
To change our bargaining environment where binding arbitration is compulsory for future Collective Bargaining Agreements, it will require a City Charter Amendment. The City Charter can be changed only every two years and requires 20,000 petition signatures to place the City Charter Amendment on the ballot.
Since another group (Austinites for Progressive Reform) is bringing a City Charter Amendment forward on the May 2021 ballot, we need to place our binding arbitration amendment on the May 2021 ballot or wait until the Fall of 2023. If we fail to act now, we will lose the benefit of possibly utilizing binding arbitration for the next bargaining cycle with the management, which begins in the Spring 2022.
Binding Arbitration City chater amendment Pro and Con List
This section will include Pros and Cons for the binding arbitration dispute resolution procedure as well as for the Pros and Cons for the City Charter amendment campaign needed to bring about compulsory binding arbitration.
Binding Arbitration PROS:
It is the opinion of this committee that Binding Arbitration tends to level the playing field between labor and management at the bargaining table. Without Binding Arbitration, management can simply say "no" to any AFA presented proposals and evidence can hold little value in persuading the outcome. With Binding Arbitration, the arbitrator will derive their final ruling on the evidence presented by both sides. This has the tendency to decrease managerial political influence and leverage, even at the bargaining table, given that Binding Arbitration will more than likely be compelled by labor and then management cannot just say "no".
Once passed, the City Charter Amendment should positively affect all future bargaining cycles, not only the next 2022 bargaining cycle.
The arbitrator bases their final decision on the evidence provided by both sides. National and Texas comparables are considered as well as the COA’s ability to pay and the existing CBA language.
The City has forced the firefighters to impasse (3) of the last (6) bargaining cycles. With Binding Arbitration, the outstanding issues will be settled through arbitration.
To reduce bias in the arbitration selection process, the arbitrator will be selected from a list of (9) arbitrators from the American Arbitration Association. Then labor and management will begin a process of "striking" arbitrators until the "neutral" arbitrator is selected.
Binding Arbitration CONS:
National Labor studies on Binding Arbitration sited in the book "Interest Arbitration" opines that the existence of statutory Collective Bargaining DOES tend to have an upward effect on wages and benefits. However, internal studies conducted by the Labor Relations Information System indicate that Binding Arbitration DOES NOT appear to create an upward bias in wages.
Binding Arbitration by definition is "binding" to both labor and management. It is possible to receive a ruling by an arbitrator that AFA members may consider more negative than a CBA impasse.
The AFA campaign for a City Charter Amendment to invoke Binding Arbitration is expensive.
We may lose the City Charter Amendment vote! The citizens may not understand Binding Arbitration well enough or not understand it at all and just outright oppose it.
Binding Arbitration is considered by some members of the political right as union overreach. It is possible that we may have national political organizations become involved in counter- efforts to stop the amendment.
If you have any questions please contact AFA President Bob Nicks: Call (512) 217-3474 or email: bob_nicks@yahoo.com
In February of this year the Austin Firefighters Association membership overwhelmingly passed the following resolution:
“19-1: Move that the AFA will educate the public on DA Moore's failure to prosecute sexual harassment and assault cases, evidenced in part by the experience of Sister Kelly Gall. The AFA will research other candidates that the AFA can support for the upcoming 2020 Travis County District Attorney election.”
To help fulfill this resolution the Austin Firefighters Association (AFA) has decided to produce several professionally made videos about Travis County women who were the victims of sexual assault or harassment and feel mistreated by the very system in which they were expecting to receive justice and support.
Our hope is to saturate Travis County with these videos on all social media platforms.
To ensure wide and frequent distribution of these videos, we need your help! Please contribute to the Austin Firefighters Public Safety Fund by clicking on the DONATE button below. All contributions will go toward the making and distributing of the videos and NOT to any candidate of the upcoming Travis County District Attorney election.
By clicking the DONATE button I confirm:
I am at least 18 years old.
I am not a foreign national.
I am not a federal contractor.
The funds used to make my contribution are not funds of another person or entity.
Chief Vires, Austin Fire Department, speaking to Committee of Urban Affairs at Texas Capitol on how firefighting has become increasing dangerous in regards to exposure due to various toxic situations.
Mrs. Smith Speaks FOR Cancer Bill at Texas Capitol to Committee on Urban Affairs. Mrs. Smith Speaks on issues faced by the family while battling cancer, and how the "Cancer Bill" would help surviving families during their hardships.