Arlington Professional Fire Fighters International Association of Fire Fighters, AFL-CIO, Local 1329 David Crow, Shawn Graham, Joseph Markham, Edward Montague, Matthew Throne, and Adrian Rojas v. City of Arlington, Texas City of Arlington, Texas, City Council City of Arlington, Texas, Civil Service Commission Jim Ross, in His Official Capacity as Mayor of the City of Arlington Helen Moise, in Her Official Capacity as a Member of the City of Arlington, Texas, City Council Ralph Gonzalez, in His Official Capacity as a Member of the City of Arlington, Texas, City Council Nikkie Hunter, in Her Official Capacity as a Member of the City of Arlington, Texas, City Council

• Court: Court of Appeals of Texas
• Decided: September 16, 2021
• Docket: 02-19-00156-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth No. 02-19-00156-CV

ARLINGTON PROFESSIONAL FIRE § On Appeal from the 96th District FIGHTERS, INTERNATIONAL Court ASSOCIATION OF FIRE FIGHTERS, AFL-CIO, LOCAL 1329; DAVID CROW; SHAWN GRAHAM; JOSEPH MARKHAM; EDWARD MONTAGUE; MATTHEW THRONE; AND ADRIAN ROJAS, Appellants

V.

CITY OF ARLINGTON, TEXAS; CITY OF ARLINGTON, TEXAS, CITY COUNCIL; CITY OF ARLINGTON, TEXAS, CIVIL SERVICE COMMISSION; JIM ROSS, IN HIS OFFICIAL CAPACITY AS MAYOR OF THE CITY OF ARLINGTON; HELEN MOISE, IN HER OFFICIAL CAPACITY AS A MEMBER OF THE CITY OF ARLINGTON, TEXAS, CITY COUNCIL; § of Tarrant County (096-297772-18) RALPH GONZALEZ, IN HIS OFFICIAL CAPACITY AS A MEMBER OF THE CITY OF ARLINGTON, TEXAS, CITY COUNCIL; NIKKIE HUNTER, IN HER OFFICIAL CAPACITY AS A MEMBER OF THE CITY OF ARLINGTON, TEXAS, CITY COUNCIL; ANDREW PIEL, IN HIS OFFICIAL CAPACITY AS A MEMBER OF THE CITY OF ARLINGTON, TEXAS, CITY COUNCIL; REBECCA BOXALL, IN HER OFFICIAL CAPACITY AS A MEMBER OF THE CITY OF ARLINGTON, TEXAS, CITY COUNCIL; RUBY FAYE WOOLRIDGE, IN HER OFFICIAL CAPACITY AS A MEMBER OF THE CITY OF ARLINGTON, TEXAS, CITY COUNCIL; VICTORIA FARRAR- MYERS, IN HER OFFICIAL CAPACITY AS A MEMBER OF THE CITY OF ARLINGTON, TEXAS, CITY COUNCIL; BARBARA ODOM-WESLEY, IN HER § September 16, 2021 OFFICIAL CAPACITY AS A MEMBER OF THE CITY OF ARLINGTON, TEXAS, CITY COUNCIL; DON CROWSON, IN HIS OFFICIAL CAPACITY AS ARLINGTON FIRE CHIEF; YOKO MATSUMOTO, IN HER OFFICIAL CAPACITY AS THE ARLINGTON DIRECTOR OF HUMAN RESOURCES AND CIVIL SERVICE; CINDY DAO, IN HER OFFICIAL CAPACITY AS CHAIR OF THE ARLINGTON CIVIL SERVICE COMMISSION; RICK HARRIS, IN HIS OFFICIAL CAPACITY AS A MEMBER OF THE ARLINGTON CIVIL SERVICE COMMISSION; JASON KAY, IN HIS OFFICIAL CAPACITY AS A MEMBER OF THE ARLINGTON CIVIL SERVICE Memorandum Opinion by Justice COMMISSION, Appellees § Bassel

JUDGMENT

This court has considered the record on appeal in this case and holds that there

was error in part of the trial court’s judgment. It is ordered that the judgment of the

trial court is affirmed in part and reversed in part. We reverse that portion of the trial court’s judgment that granted summary

judgment as to Appellants’ claims that Appellees retaliated against the them (1) by

cancelling certain types of discretionary pay previously paid and (2) by failing to

promote by denying promotions. We reverse and remand to the trial court solely as

to these two retaliation claims for further proceedings consistent with this opinion.

With respect to the surviving retaliation claims, we further hold that the trial court

erred when it held that Appellant Arlington Professional Fire Fighters, International

Association of Fire Fighters, AFL-CIO, Local 1329 lacked standing to assert those

claims.

We affirm the remainder of the trial court’s judgment.

It is further ordered that Appellees shall pay all of the costs of this appeal, for

which let execution issue.

SECOND DISTRICT COURT OF APPEALS

By /s/ Dabney Bassel Justice Dabney Bassel