January 16, 2013 - Texas Workforce Commission

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1 We are doing two things at one time. We
2 are filing a petition for review, which they could
3 grant if they want to, and we're filing a motion for
4 leave to file and an application for writ of mandamus.
5 Probably the second one is the one that they might
6 take up to just tell the Court of Appeals, "Listen,
7 Court of Appeals, we've looked at the Constitution and
8 we've looked at the law and we've looked at the cases,
9 and as of today -- and from the date that the Texas
10 Workforce was -- was brought into existence -- it has
11 never, and it does not now have, as the Court of
12 Appeals said, the power to reinstate a worker."
13 Period. Paragraph. Reversed.
14 Here's what we'd like for you to do. We
15 want to borrow your prestige. My colleague has a
16 good -- very good reputation as a labor lawyer. I
17 have managed in the last 40 years to have dealt with
18 some success with appeals.
19 But if you'll lend us your prestige and
20 join as a friend of the court and file a friend of the
21 court brief with us on our petition for review and our
22 motion for leave to file -- an application for writ of
23 mandamus and our application for writ of mandamus and
24 say, "We're the Texas Workforce Commission. We know
25 what power we have. We're the Commission on -- on