Verde Law: Texas Court of Appeals Says Houston Fire Department Assistant Chiefs' Lawsuit Against City and Union May Go Forward

HOUSTON, July 15, 2025 /PRNewswire/ -- The Fourteenth Court of Appeals in Houston, Texas issued an opinion today holding that thirteen Assistant Fire Chiefs who intervened in the yearslong litigation between the Houston Professional Fire Fighters' Association, Local 341 and the City of Houston may continue to pursue their claims against both the Union and the City.

In March of 2024, the Union and the City announced they had reached a settlement of the multi-year litigation concerning fire fighter pay. The settlement contained a specific exclusion for HFD fire fighters who held the rank of assistant chief or executive assistant chief – even though the fair pay law at issue includes the assistant chiefs and most were part of the Union's collective bargaining unit. The exclusion came as a total surprise to the Assistant Chiefs who were part of the pay lawsuit since its inception.

To preserve their statutory right to fair pay, the Assistant Chiefs, represented by attorney Joshua A. Verde of Houston, Texas, intervened in the pay lawsuit prior to the signing of a final judgment. The City and the Union sought to dismiss the intervention on jurisdictional grounds. After an appeal, the Fourteenth Court of Appeals found that the trial court does have jurisdiction, writing in an opinion, "[w]e conclude that the City's governmental immunity has been waived only as to the Intervenors' claims to enforce the City's statutory duties under the FPERA," and "[b]ecause the [Union] raised no meritorious jurisdictional arguments, the trial court properly denied its plea to the jurisdiction."

The Assistant Chiefs' attorney Joshua A. Verde said, "This is a very significant victory for my clients, the Assistant Chiefs. They are hard working City of Houston fire fighters who are entitled, under the law, to fair compensation and representation just like their fellow fire fighters holding different rank. Today's decision reinforces this reality."

The lawsuit will now resume in the 234th District Court of Harris County, Texas, provided there is no further appeal.

The Verde Law Firm, PLLC is a top-rated Labor and Employment Law Firm in Houston, Texas. Attorney Joshua A. Verde is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization.

Contact Information
Joshua A. Verde, Esq.
[email protected]
The Verde Law Firm, PLLC
(713) 909-4347
https://verde.law
@verdelaw

SOURCE The Verde Law Firm, PLLC