From The Galveston County Daily News, April 1

TEXAS CITY, TX – New employment guidelines issued to city firefighters ahead of a Tuesday federal court hearing allow employees to discuss union business during free time.

With the new guidelines issued Monday, city rules no longer ban union speech unless administrators deem the discussion to be disruptive, coercive or harassing, Fire Chief Joseph “Brud” Gorman said.

Whether union speech warrants disciplinary measures would be decided on a case-by-case basis, Gorman said.

In May 2008, Gorman issued guidelines that prohibited firefighters from discussing union business during their free time, said union secretary Mark Pandanell, who attended the Tuesday hearing in U.S. Magistrate Judge John Froeschner's court.

The hearing, in which the Texas City Professional Firefighters Association Local 1259 sought a preliminary injunction, followed a March 17 federal lawsuit claiming the city violated firefighters' Constitutional rights of free speech.

After failing to settle the free-speech dispute out of court, Austin attorney Craig Deats filed the federal lawsuit on behalf of the union, Pandanell said.

Deats then received a temporary restraining order, which allowed union speech on the job — so long as it wasn't disruptive — for 10 days.

Tuesday's preliminary injunction would have sought to continue the relief, but Froeschner said he is thinking the new guidelines have rendered the injunction moot.

The city notified Deats' office of the guideline change Friday, but received no response, Gorman said. Deats was unavailable for comment after Tuesday's meeting.

“Deats encouraged us to talk union business at work, and as soon as we're retaliated against, we'll be back in Froeschner's court,” Pandanell said.

The city isn't seeking to ban conversations in the workplace, Mayor Matthew T. Doyle said.

“We're looking to stop harassment or abuse of each other and a disruptive atmosphere between firefighters,” Doyle said. “This isn't a union issue. It's a good working environment issue.”

The union, which has about 70 members, represents about 80 percent of fire department employees, Pandanell said.

Froeschner said he would issue an opinion on the preliminary injunction in the next day or two to U.S. District Judge Ewing Werlein Jr. It is unclear where the firefighter's union lawsuit now stands.