Vasquez v. Bannworths, Inc.
| Decision Date | 26 March 1986 |
| Docket Number | No. C-4386,C-4386 |
| Citation | 707 S.W.2d 886 |
| Parties | 106 Lab.Cas. P 55,726 Maria Guadalupe VASQUEZ, Petitioner, v. BANNWORTHS, INC., et al., Respondents. |
| Court | Texas Supreme Court |
James C. Harrington, Am. Civil Liberties, Austin, for petitioner.
E.G. Hall and Lisa Powell, Atlas & Hall, McAllen, for respondents.
This is a suit for wrongful discharge brought by an employee, Maria Guadalupe Vasquez, against her employer, Bannworths, Inc. The issue on this appeal is whether the district court abused its discretion in failing to order Bannworths, Inc. to rehire Mrs. Vasquez, who was wrongfully discharged because of her union affiliation. Although the trial court awarded Mrs. Vasquez lost wages and enjoined Bannworths, Inc. from discriminating against Mrs. Vasquez if she was ever employed by Bannworths again, the trial court refused to order Bannworths to rehire Mrs. Vasquez. The court of appeals, in an unpublished opinion, affirmed the judgment of the trial court. We hold that the trial court abused its discretion and, therefore, we reverse the judgment of the court of appeals. The cause is remanded to the trial court to reform its judgment to include a mandatory injunction ordering Bannworths, Inc. to rehire Mrs. Vasquez in the same or similar capacity to the one she held prior to her unlawful discharge.
Mrs. Vasquez was first employed by Bannworths, Inc. as a farm worker in 1973. Although the nature of the work does not provide for permanent employment, Mrs. Vasquez worked for Bannworths for several different seasons each year for nine consecutive years. While employed by Bannworths, she usually worked five to six days a week for up to ten hours a day at minimum wage.
In January 1982, while employed by Bannworths, Mrs. Vasquez sought assistance through the local United Farm Workers office to obtain permanent resident status in the United States. She became an active member in the UFW, a labor union, about a month later. Subsequently, Mrs. Vasquez began to complain toUFW representatives about the lack of sanitation at Bannworth's facilities. Mrs. Vasquez charged that all employees were required to share a common drinking cup and that the portable restroom facilities provided for the workers in the fields were filthy and did not comply with certain minimum health and sanitation standards which had been promulgated by the Texas Health Commissioner. On November 5, 1982, two Hidalgo County Health Department sanitation engineers came to Bannworths's fields where Mrs. Vasquez's crew was working to inspect the bathroom facilities. Later that same day, Mrs. Vasquez was fired from her job with Bannworths.
Mrs. Vasquez brought this suit seeking damages for lost wages and an injunction to refrain Bannworths from violating the Texas Right-to-Work Law (hereinafter the Act). TEX.REV.CIV.STAT.ANN. art. 5154g (Vernon 1971). That statute prohibits an employer from denying a person the right to work on account of membership or non-membership in a labor union. TEX.REV.CIV.STAT.ANN. art. 5154g, sec. 1 (Vernon 1971). A jury found that Mrs. Vasquez had been fired by Bannworths because of her union membership and her complaints concerning the restroom facilities. Although the jury failed to find that Bannworths's act of firing Mrs. Vasquez was done with malice or in gross disregard of her rights, the jury did find that Bannworths would not hire Mrs. Vasquez again because of her union membership. The jury awarded Mrs. Vasquez $3000 in lost wages from the time she was fired until suit was filed.
Based on the jury's finding of probable, continuing, future injury and recognizing that the plaintiff would suffer continuing, immediate and irreparable harm without an adequate remedy at law, the trial court awarded injunctive relief. That relief, however, falls short of remedying the harm recognized by the court. While the trial court enjoined Bannworths from terminating, suspending, discriminating against, or threatening to terminate, suspend or discriminate against the plaintiff because of her union membership, the court conditioned the injunction on Bannworths's voluntary reemployment of Mrs. Vasquez. In other words, unless Mrs. Vasquez actually began working for Bannworths again, the injunction was of no consequence because it neither required Bannworths to rehire Mrs. Vasquez nor required Bannworths to not discriminate against Mrs. Vasquez if she chose to reapply for employment with Bannworths. Considering the jury's finding in this case, that Bannworths would continue to discriminate against Mrs. Vasquez because of her union membership, it became mandatory for the trial court to issue an injunction which would remedy the violation of the Act. Section 4 of article 5154g mandates that the trial court enjoin an employer whenever it is shown that the employer has violated the Act. TEX.REV.CIV.STAT.ANN. art. 5154g, sec. 4 (Vernon 1971).
Although a trial court may have some discretion in...
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