City of Dallas v. Massingill

737 S.W.2d 334, 1987 Tex. App. LEXIS 8532
CourtCourt of Appeals of Texas
DecidedMay 14, 1987
Docket05-86-00393-CV
StatusPublished
Cited by3 cases

This text of 737 S.W.2d 334 (City of Dallas v. Massingill) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Dallas v. Massingill, 737 S.W.2d 334, 1987 Tex. App. LEXIS 8532 (Tex. Ct. App. 1987).

Opinions

McCRAW, Justice.

Robert L. Massingill filed a class action suit on behalf of the members of the Dallas police and fire departments against the City of Dallas, the City Manager, the Fire Chief, and the Police Chief (the City). Mas-singill asserts that the City has not provided class members with the number of vacation days required by Texas Revised Civil Statutes article 1269p, section 3. In a bench trial with stipulated facts, the court found that the City had failed to meet the statutorily mandated vacation requirements for policemen and firemen. The class members were to be awarded damages equal to a full day’s wages for each vacation day they were denied.

The City appeals by three points of error in which it asserts that the trial court erred: (1) in holding that the City of Dallas’ “Kelly Days” and personal holidays are not article 1269p, section 3 vacation days; (2) in holding that article 1269p, section 3 entitles members of the class to fifteen days of vacation during their first year of employment; and (3) in determining potential damages to class members without crediting Kelly days and personal holidays as vacation days. By one crosspoint, Massingill alleges that the trial court erred in holding that the average work week of fire fighters is fifty-six hours rather than fifty-four hours. We affirm the trial court’s judgment in part and reverse in part.

According to the stipulated facts, the personnel rules provide that each member of the Dallas police and fire departments is entitled to six officially designated holidays. Additionally, members also receive two personal holidays annually, to be taken the first and second halves of the year. These two personal holidays fulfill the City of Dallas regulations requiring uniformed fire department employees to receive eight holidays per year. Fire fighters who have a twenty-four hour work day are also given one paid day off every twelve weeks. These are called Kelly days.

In its points of error one and three, the City asserts that Kelly days and personal holidays are vacation days within the meaning of article 1269p, section 3, which provides:

Each member of [the fire department and police department] in any city of more than thirty thousand (30,000) inhabitants shall be allowed fifteen (15) days vacation in each year with pay; provided that [this section] shall not be applied ... unless such member shall have been regularly employed in such department or departments for a period of at least one (1) year.

The City claims that it should receive credit for Kelly days and personal holidays when damages are calculated. We disagree.

The term “vacation” and “holiday” are not defined under article 1269p. The court in Coffman v. City of Wichita Falls, 374 S.W.2d 798, 799 (Tex.Civ.App.1964, writ ref’d) defines “vacation” as an implied “recess or leave of absence, a respite from active duty; an intermission or rest period during which activity or work is suspended.” The Dallas personnel rules do not specifically define “vacation”, but it does define official holidays and separately sets out the guidelines for personal holidays:

HOLIDAYS

3.61(a) The following official holidays will be observed:

NEW YEAR’S DAY (January 1)
MEMORIAL DAY (Last Monday in May)
INDEPENDENCE DAY (July 4)
LABOR DAY (First Monday in September)
THANKSGIVING DAY (Fourth Thursday in November)
CHRISTMAS DAY (December 25) 3.61(b) Effective January 1, 1976, any person employed on the first working day of the month of January will, in addition to each official holiday, be enti-[336]*336tied to an additional holiday of individual choice [personal holiday] which must be taken during the months January through June.
3.61(c) Effective July 1, 1976, any person employed on the first working day of the month of July will, in addition to each official holiday, be entitled to an additional holiday of individual choice which must be taken during the months July through December.

Dallas’ personnel rules and article 1269p both differentiate between the two types of non-work days by categorization and caption.

The stipulated evidence clearly demonstrates that Kelly days and personal holidays are subject to limitations and restrictions which are not imposed upon vacation days by the City of Dallas Personnel Rules: (1)Vacation days may accumulate over a two year period; Kelly days and personal holidays cannot be accumulated; (2) upon resignation or termination of employment a member is paid a lump sum for accrued vacation leave not taken and a deceased member’s estate is paid a lump sum for accrued vacation; there is no lump sum payment for Kelly days or personal holidays; (3) vacation days, once vested do not lapse; Kelly days are given every twelve weeks and if not taken, lapse; personal holidays must be taken during a six month period, and if not taken, lapse; (4) vacation days are given to all members of the fire and police departments; Kelly days are only given to firemen who work twenty-four hour shifts; (5) members can earn additional vacation time under incentive programs; Kelly Days are given every twelve weeks and cannot be increased; the member is only allowed two personal holidays and there is no incentive program to earn additional holidays.

Noting these patent differences, we hold that the trial court properly found that Kelly days and personal holidays are not equivalent to article 1269p vacation days. There is sufficient evidence of probative force to support this factual determination. See Pool v. Ford Motor Co., 715 S.W.2d 629, 633, 635 (Tex.1986). The City’s points of error one and three are overruled.

In their second point of error, the City complains that the trial court erred in holding that members of the class are entitled to fifteen days of vacation during their first year of employment because article 1269p, section 3 is not applicable during that time period. We agree. The statute declares that members shall be allowed fifteen days of vacation; provided that the provisions shall not be applied to any member unless he has been regularly employed for one year. TEX.REV.CIV.STAT. ANN. art. 1269p, § 3 (Vernon Supp.1986). We hold that the trial court improperly determined that the members are entitled to fifteen days of vacation during their first year of employment. However, we note section 3a of article 1269p states:

Number of vacation days and holidays

Firemen and Policemen shall have the same number of vacation days and the same number of holidays, or days in lieu thereof, that is granted to other municipal employees.

TEX.REV.CIV.STAT.ANN. art. 1269p, § 3a (Vernon Supp.1986). We, therefore, reverse that portion of the trial court’s judgment awarding members fifteen vacation days in their first year of employment, and remand to the trial court to determine the correct number of vacation days due to members in accordance with section 3a of the statute.

By crosspoint, Massingill asserts that the trial court erred in holding that the average work week of fire fighters is fifty-six hours rather than fifty-four hours.

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City of Dallas v. Massingill
737 S.W.2d 334 (Court of Appeals of Texas, 1987)

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737 S.W.2d 334, 1987 Tex. App. LEXIS 8532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-dallas-v-massingill-texapp-1987.