CopyCited 70 times | Published | Florida 1st District Court of Appeal | 96 L.R.R.M. (BNA) 3347
...which was not introduced into evidence before the DOAH hearing officer, to support its conclusion the School Board did not have a sufficient bona fide financial emergency to justify its unilateral action. The special master was appointed pursuant to Section 447.03 to resolve an impasse resulting from the breakdown in bargaining between the parties....
CopyCited 15 times | Published | Florida 1st District Court of Appeal | 100 L.R.R.M. (BNA) 2623
...However, again, no language in that statute indicates that it was intended to have retrospective application. Therefore, the right to union representation at a conference with a principal where the employee reasonably anticipated disciplinary action did not exist in 1976. PERC contends that F.S. 447.03 was applicable to this situation in 1976 through the language in F.S. 447.016 which was created by Chapter 74-100. F.S. 447.03, which is contained in Part I of Chapter 447 and was amended in Section 1 of Chapter 74-100 reads in part: "Employees shall have the right to ......
...447.501) the phrase "this act" had been modified to read "this part", a change apparently made by the statutory revision service. Nevertheless, PERC contends that the law which should be applied is the law as it appeared in Chapter 74-100. Therefore, PERC reasons that the term "this act" as used in F.S. 447.016 included F.S. 447.03 which granted employees the right "to engage in concerted activities ..."....
...447.016 (Chapter 74-100) referred to the Public Employees Relations Act created in Section 3 of Chapter 74-100 and not the whole of Chapter 74-100. The Public Employees Relations Act became Part II of Chapter 447. We find the School Board's reasoning persuasive and must agree that the legislature did not intend to make F.S. 447.03 pertaining to private employees applicable to public employees through the use of the word "act" in F.S....
CopyCited 14 times | Published | Florida 4th District Court of Appeal
...The hanging of Ted Horne in effigy with the implied threat of violence to him is a clear violation of Florida Statute, Section
447.09(11), which provides: "It shall be unlawful for any person: (11) To coerce or intimidate any employee in the enjoyment of his legal rights, including those guaranteed in §
447.03, or to intimidate his family, picket his domicile or injure the person or property of such employee or his family." The carrying of the effigy to Horne's domicile in Broward County to intimidate him and his family was a further violation of the statute....
CopyCited 13 times | Published | Florida 1st District Court of Appeal
...is rights to benefits or any other rights under this chapter shall be void. * * *" Still another statute, not included within Chapter 443, that may be considered in *672 connection with the said contention respecting Gautreaux's union activities, is Section 447.03, Florida Statutes, F.S.A., which provides: "447.03 Employees' right of self-organization....
CopyCited 5 times | Published | District Court, M.D. Florida | 103 L.R.R.M. (BNA) 2695, 1979 U.S. Dist. LEXIS 8274
...Plaintiffs further allege that the Union, as their bargaining representative, on January 16, 1979, entered into a union security agreement with RCA. They complain that this agreement is prohibited by Article I, Section 6 of the Constitution of the State of Florida, [1] as well as Fla.Stat. §
447.03 [2] (hereinafter collectively referred to as "the *422 Florida right-to-work civil laws"). They also allege that the agreement violates Fla. Stat. §
447.14, [3] a misdemeanor provision, which incorporates Fla.Stat. §
447.03 by reference (hereinafter collectively referred to as "the Florida right-to-work criminal statutes")....
...431,
84 L.Ed. 596; King v. Gemini Food Services, Inc.,
438 F.Supp. at 966; Vincent v. General Dynamics Corp.,
427 F.Supp. at 800. It has already been noted that Fla.Stat. §
447.14 makes it a misdemeanor for a union and an employer to violate Fla.Stat. §
447.03 by requiring an employee, through a union security agreement, to pay an amount equivalent to dues to a labor organization....
...ship or non-membership in any labor union or labor organization. The right of employees, by and through a labor organization, to bargain collectively shall not be denied or abridged. Public employees shall not have the right to strike. [2] Fla.Stat. § 447.03 provides: Employees shall have the right to self-organization, to form, join, or assist labor unions or labor organizations or to refrain from such activity, to bargain collectively through representatives of their own choosing, and to enga...
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1977 Fla. App. LEXIS 16062
...ions Act (PERA), Section
447.501(1)(a), Florida Statutes (1975), prohibits public employers from interfering with, restraining or coercing employees in their exercise of the right to engage in "concerted activities for ... mutual aid or protection," Section
447.03, which Seitz urges includes the right of union presence in a supervisor's conference which the employee reasonably apprehends will result in disciplinary action....
CopyCited 3 times | Published | Supreme Court of Florida | 83 L.R.R.M. (BNA) 2515
...hts under said constitutional provision. Article I, § 6 of the Constitution of the State of Florida provides, in part: "... . The right of employees, by and through a labor organization, to bargain collectively shall not be denied or abridged... ." Section 447.03 of the Florida Statutes, 1971, F.S.A., provides: "Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage i...
...ual aid or protection." Section
447.09(11) of the Florida Statutes, 1971, F.S.A., provides, in part: "It shall be unlawful for any person... . [t]o coerce or intimidate any employee in the enjoyment of his legal rights, including those guaranteed in §
447.03......
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1990 WL 107816
...Reversed and remanded for further proceedings consistent with this opinion. NOTES [1] The husband had worked for Eastern Airlines for twenty-two years. [2] The husband was one of the pilots who voted to honor IAM's picket line. [3] The husband now lives in New Hampshire. [4] See 29 U.S.C.A. § 163 (West 1978), § 447.03, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 92 L.R.R.M. (BNA) 3162
...We initially look to Chapter 447, Florida Statutes, in order to determine what authority PERC has to designate employees as managerial or confidential. Clearly, it must, at some point, make such a determination. The provisions of PERA apply only to public employees. (F.S.
447.03,
447.201) According to F.S....
CopyCited 2 times | Published | Supreme Court of Florida
...rough representatives of their own choosing." [11] The similarity to Florida's constitutional guarantee is immediately apparent. Florida's policy to protect rights of union membership is declared legislatively as well as constitutionally. Fla. Stat. § 447.03, F.S.A....
CopyCited 1 times | Published | District Court of Appeal of Florida | 53 L.R.R.M. (BNA) 2866, 1963 Fla. App. LEXIS 3363
...Hotel Employees Union (Fla.1957),
92 So.2d 415 . . Stornaris v. Certain Picketers etc., et al. (Fla.1950),
46 So.2d 387 . . Treasure, Inc. v. Hotel and Restaurant Employees and Bartenders’ Union (Fla.1954),
72 So.2d 670 . . F.S. Section
447.01, F.S.A. ; F.S. Section
447.03, F.S.A....
CopyCited 1 times | Published | Supreme Court of Florida
...Petitioner first contends that respondents did not represent its employees, that petitioner was not notified of any labor grievance prior to the picketing, nor was it given the object to be accomplished by the picketing or a reasonable time to accept or reject the union demands. Sections
447.01(1, 2),
447.03 and
447.09(3, 4, 11), Florida Statutes 1955, F.S.A., are relied upon to support petitioner's grounds for relief. Section
447.01(1, 2) is a statement of policy with reference to the regulation of labor unions, their agents, employees and other representatives. Section
447.03 guarantees laborers the right to organize and join a union, to bargain collectively, including acts for mutual aid and protection....
CopyPublished | Supreme Court of Florida | 1954 Fla. LEXIS 1430, 34 L.R.R.M. (BNA) 2141
...Even if the picketing is peaceful, if the purpose or reason for the picketing is illegal, then the picketing may be enjoined. F.S. §
447.09, F.S.A., makes it unlawful for any person to coerce or intimidate any employee in the enjoyment of his legal rights, including those guaranteed in F.S. §
447.03, F.S.A., which is as follows: “Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities...
CopyPublished | District Court of Appeal of Florida | 100 L.R.R.M. (BNA) 2963, 1979 Fla. App. LEXIS 13958
...appellees’ motion to dismiss appellants’ complaint. Appellants’ claim is predicated on their firing by Southern Plasma and by Gurley because of appellants’ organizational activities with Southern Plasma Corp. Employees Association. Sections 447.03, .17, Florida Statutes (1977)....
...s reemployment. The complaint further alleges that Southern Plasma and Gurley acted as they did intentionally and with malice, or with reckless indifference to appellants’ organizational rights under Article I, Section 6, Florida Constitution, and Section 447.03, Florida Statutes (1977)....
