Brownsville Herald
Two paragraphs in the city of Brownsville’s new Employee Handbook are drawing fire from some quarters, including the Cameron County Democratic Party, for their stance toward collective bargaining.
The handbook, approved by the city commission Jan. 18 and in effect as of March 4, contains the language in its Employer Relations section. During the public comment period of the commission’s June 7 regular meeting, two members of the public, Brownsville ISD special education teacher Patrick Hammes and Brownsville attorney John Shergold, complained about what they characterized as the passage’s discriminatory and inaccurate statements regarding unions.
Two paragraphs in the city of Brownsville’s new Employee Handbook are drawing fire from some quarters, including the Cameron County Democratic Party, for their stance toward collective bargaining.
The handbook, approved by the city commission Jan. 18 and in effect as of March 4, contains the language in its Employer Relations section. During the public comment period of the commission’s June 7 regular meeting, two members of the public, Brownsville ISD special education teacher Patrick Hammes and Brownsville attorney John Shergold, complained about what they characterized as the passage’s discriminatory and inaccurate statements regarding unions.
In addition, in a June 7 letter to the mayor and commission, Cameron County Democratic Party Chairman Jared Hockema wrote that the language in question “may be a violation of the National Labor Relations Act of 1935.”
Page 7 of the city’s new Employee Handbook reads: “Except for our Police Department and Fire Department, the City of Brownsville is a non-union employer. It is our goal to stay that way. By working together and dealing fairly and directly with our employees, we have been able to build a positive work environment supported by mutual respect and trust, without outsiders.
“Our success is based on constant interchange of ideas, operating flexibility, and individual initiative, all of which could be hampered by a union, and thus detrimental to the City and our employees. Unions have made no contribution to our progress in the past, and they are not needed for the progress that we will make in the future.”
Echoing the concerns of Hammes and Shergold, Hockema wrote that the CCDP “strongly supports the right of all workers to organize, and to work in an environment that is free of coercion.”
“In fact, the American labor movement has played a pivotal role in the founding and development of our country, and in making our society stronger and more just,” he wrote.
Hockema said that while he recognizes the city’s need to balance the interests of its employees with those of residents when making decisions affecting collective bargaining, “these statements go much too far, and do not serve the interests of the public.” He asked that the commission revise the handbook and “strike these false and unconscionable anti-union statements.”
City Attorney Victor Flores said he believes a consultant hired by the city to help create the new handbook may have inserted the two paragraphs and that the final document, a summary of which was presented to the full commission by a committee, was not properly considered by commissioners despite vetting by the committee. He said he plans to present the question as a workshop item on June 21, the day of the commission’s next regular meeting.
Page 7 of the city’s new Employee Handbook reads: “Except for our Police Department and Fire Department, the City of Brownsville is a non-union employer. It is our goal to stay that way. By working together and dealing fairly and directly with our employees, we have been able to build a positive work environment supported by mutual respect and trust, without outsiders.
“Our success is based on constant interchange of ideas, operating flexibility, and individual initiative, all of which could be hampered by a union, and thus detrimental to the City and our employees. Unions have made no contribution to our progress in the past, and they are not needed for the progress that we will make in the future.”
Echoing the concerns of Hammes and Shergold, Hockema wrote that the CCDP “strongly supports the right of all workers to organize, and to work in an environment that is free of coercion.”
“In fact, the American labor movement has played a pivotal role in the founding and development of our country, and in making our society stronger and more just,” he wrote.
Hockema said that while he recognizes the city’s need to balance the interests of its employees with those of residents when making decisions affecting collective bargaining, “these statements go much too far, and do not serve the interests of the public.” He asked that the commission revise the handbook and “strike these false and unconscionable anti-union statements.”
City Attorney Victor Flores said he believes a consultant hired by the city to help create the new handbook may have inserted the two paragraphs and that the final document, a summary of which was presented to the full commission by a committee, was not properly considered by commissioners despite vetting by the committee. He said he plans to present the question as a workshop item on June 21, the day of the commission’s next regular meeting.
(In classic Noel Bernal Total Alignment speak, Flores blamed a faceless consultant, a nifty way to shift the blame from the committee, city administrators and city commissioners who all approved it. If it had gone unperceived, it would be attributed to the fine work by the committee, city management, elected officials and the city's eagle-eye talent and fine legal acumen.)
“I’ve been trying to kind of put the pieces together,” Flores said. “I’ve actually reached out to the consultant to give me background as to how that version got in there. When I present on June 21, I want to provide that information to the city. … I know for a fact that the first draft that was drafted by the committee … was taken to the consultant, and the consultant came back with something that was significantly different.”
He said he’ll advise commissioners that if they want to retain the language regarding unions, it should be adopted as a formal amendment to the handbook, though Flores said he’s not aware of any support on the commission for that option.
“If they don’t want to, that, I believe, is an administrative fix, removing that provision,” he said.
Flores conceded the language in question may not even be legal. Texas is a right-to-work state, meaning that in the public sector as well as in the private sector, “an individual may not be denied employment because of the individual’s membership or nonmembership in a labor organization,” according to the state Government Code.
“I’ve been trying to kind of put the pieces together,” Flores said. “I’ve actually reached out to the consultant to give me background as to how that version got in there. When I present on June 21, I want to provide that information to the city. … I know for a fact that the first draft that was drafted by the committee … was taken to the consultant, and the consultant came back with something that was significantly different.”
He said he’ll advise commissioners that if they want to retain the language regarding unions, it should be adopted as a formal amendment to the handbook, though Flores said he’s not aware of any support on the commission for that option.
“If they don’t want to, that, I believe, is an administrative fix, removing that provision,” he said.
Flores conceded the language in question may not even be legal. Texas is a right-to-work state, meaning that in the public sector as well as in the private sector, “an individual may not be denied employment because of the individual’s membership or nonmembership in a labor organization,” according to the state Government Code.
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14 comments:
The citizens know all this is just bull-shit, it was conjunto bernal and his co-herts and the elected officials acting stupid and dumb. Now the real question is, the COST, of hiring a consultant, another million? We'll never know.
WE NEED TO VOTE ALL OF THEM OUT DO IT!!!!!!!
FIRE ALL THE EMPLOYEES CONJUNTO BERNAL HIRED, AS TOP ADMINISTRATORS! If not the same shit will continue, he will rule by cell (phone)....
This is what happens when you elected people who do not care enough to read what they are signing.
The citizens of this great city need to vote for change. The officials currently in office are more concerned in making money than taking care of the citizens. When the top city administrators are making in the hundreds of thousands of dollars and need to hire consultants, something is wrong. But than again they can always raise our taxes when they run out of money. And lastly, lets all pledge never again to vote for a mayor who is an attorney. That’s like letting a wolf take care of your chickens.
June 17, 2022 at 8:28 AM
Do they know HOW to read?
It is a well known fact around City Hall that Noe Bernal hired Chief of Police Felix Sauceda with the agreement that Sauceda would get the Police Union to disband or dissolve.
Chief Felix Sauceda with the City Manager
Not Bernal blessings had every single member of the Brownsville Police Officers Association moved off Patrol giving them any position they desired. The Union President was assigned to the Gym Monday through Friday 8am-5pm as long he agreed to not fight any issue!
The Chief was the asked by Noe Bernal to Drastically cut costs in manpower and equipment.
Bernal was proud of himself and on how he controlled the Police Department and the Police Chief.
Noe Bernal stripped every benefit from the lowest paid employee and often was heard Ridiculing City employees lack of education.
Noe Bernal would would benefit his friends with City Money by hiring them as Consultants or hire them to put on Trainings that he would make mandatory.
No City Department Head would question Bernal but just go along.
Good Riddance Bernal now its time to get rid of the Mayor, City Commissioner and every single Department head that Bernal hired.
Get Rid of Chief Sauceda!
I agree Chief El Culero Sauceda-Bernal must go!
#worstchiefever...
Any Chief that would put his Officers in Danger must be fired!
Sad But true Chief Felix El Culero Sauceda-Bernal has done nothing for the police department or the citizens of Brownsville.
Not sure any group that gets Federal money….can advocate for or against a union……
Way to go Shergold!
CONSULTANTS DID WHAT THE CITY WANTED AND APPROVED.
READ THE FINE LINE. COB HANDBOOK!!!
JOIN THE CAMPAIGN. EMPLOYEES DESERVE BETTER.
VOTE OUT ALL CURRENT CITY AND COUNTY POLITICIANS. VOTE FOR ANYBODY NEW.
DO NOT RE-ELECT ANY ELECTED OFFICIAL WITH A SIGN THAT READS "RE-ELECT ME", VOTE AGAINST ESTOS PENDEJOS. DO IT!!!
3:19 pm.
FIRE AND POLICE DEPARTMENT.
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