## Facts

- Round Rock Fire Chief Larry Hodge summoned firefighter Jaime Rodriguez to an internal interview about a personnel complaint.
- Hodge alleged Rodriguez misused sick leave to attend a physical examination for potential employment with the Austin Fire Department.
- The written complaint stated the meeting was an “Internal Interview” and that Rodriguez could not be represented; it also restricted him from discussing the matter with union leadership or members.
- Rodriguez requested a representative from the Round Rock Fire Fighters Association; Hodge denied the request and proceeded without union representation.
- Rodriguez later accepted a five-day suspension and waived appeal and grievance rights rather than face discharge.
- Rodriguez and the Association filed a declaratory judgment action claiming the City and Hodge violated a statutory right to union representation under Texas Labor Code § 101.001 and sought injunctive relief.
- The trial court granted summary judgment for Rodriguez and the Association and enjoined the City from denying representation in similar interviews; the court of appeals affirmed.

## Issues

1. Whether Texas Labor Code § 101.001 gives unionized Texas public-sector employees, upon request, a right to union representation during an investigatory interview the employee reasonably believes may lead to discipline.

## Decision

- The Supreme Court of Texas reversed the court of appeals and rendered judgment for the City of Round Rock and Chief Hodge.
- The court held § 101.001 does not confer a right to union representation at investigatory interviews for Texas public-sector employees.
- The injunction and declaratory relief granted to Rodriguez and the Association were set aside.

## Legal Principles

- Statutory rights must be found in the statute’s text; courts will not add representation rights absent clear legislative language.
- Texas Labor Code § 101.001 protects the ability of workers to associate and form unions “to protect themselves,” but it does not create procedural rights for disciplinary or investigatory interviews.
- Differences between § 101.001 and federal labor statutes supporting Weingarten-type rights matter; lacking comparable “concerted activities” language, § 101.001 cannot be read to provide investigatory-interview representation.
- Any Weingarten-type representation right for Texas public-sector employees must come from legislative enactment or other independent authority (e.g., contract, ordinance), not from § 101.001 alone.

## Conclusion

The Supreme Court of Texas held that § 101.001 secures a general right to organize but does not grant Texas public-sector employees a statutory right to union representation during internal investigatory interviews that may result in discipline.


City of Round Rock v. Rodriguez, 399 S.W.3d 130 (Tex. 2013)