CopyCited 16 times | Published | Florida 2nd District Court of Appeal | 94 L.R.R.M. (BNA) 2383
...or that Warden was unwilling to pay the reasonable cost of furnishing these records. The court's ruling was essentially based upon four grounds which shall be discussed in turn. First, it was said that the public policy of the state as reflected by Section 447.201, Florida Statutes (1974), is neither to encourage nor discourage organization of public employees and that to furnish Warden with the requested material would be improperly aiding the organization of the college's employees....
CopyCited 15 times | Published | Florida 4th District Court of Appeal | 92 L.R.R.M. (BNA) 2553, 1976 Fla. App. LEXIS 14956
...work of Part II, Chapter 447, Florida Statutes. In 1974 the legislature enacted Chapter 74-100 (creating Part II, Chap. 447, F.S.) which among other things established a Public Employees Relations Commission (Section
447.205, F.S.; see also sections
447.201-447.607, F.S.) The subject legislation was a culmination of efforts to establish standards and guidelines governing collective bargaining by public employees in order to implement the rights guaranteed to public employees under sec. 6, Art. I, Fla. Constitution. See Dade County Class. Teach. Ass'n, Inc. v. Legislature,
269 So.2d 684 (Fla. 1972). The purposes and objectives of the legislative enactment are recited in section
447.201, F.S. as follows: "
447.201 Statement of policy....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
...Reference to the act suggests that we should defer to the Commission. The statement of policy expressly charges PERC with "promoting harmonious and co-operative relationships between government and its employees, both collectively and individually." § 447.201, Fla. Stat. (1977). It was specifically created to "assist in resolving disputes between public employees and public employers." § 447.201(3), Fla....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 109 L.R.R.M. (BNA) 3166
...employment situation, the Commission is statutorily mandated by Section
447.307 to define units on a case by case basis, taking into consideration the special facets of a particular situation. [3] See the Legislature's declaration of public policy, Section
447.201, Florida Statutes, and powers and duties conferred upon the Commission, Section
447.207, Florida Statutes....
CopyCited 9 times | Published | District Court, M.D. Florida | 1976 U.S. Dist. LEXIS 14146
...Consequently, the motion to dismiss plaintiffs' fifth claim, with respect to the individual defendants, will be denied. SIXTH CLAIM Defendants argue that even if plaintiffs should raise a viable claim within the Court's pendent jurisdiction, under Fla.Stat. § 447.201, et seq., the Court should dismiss this claim because plaintiffs have an available administrative remedy pending, which they have not exhausted....
...Pullman Co.,
312 U.S. 496, 501,
61 S.Ct. 643,
85 L.Ed. 971 (1941). Abstention might well be warranted if the provisions of Fla.Stat. §
447.503 were the only state statutory remedy available to plaintiffs. When the Florida Legislature enacted Fla.Stat. §
447.201, et seq., in 1974, however, it also enacted Fla....
...Relations Act. H.R. 3020, 80th Cong., 1st Sess., Section 12(b) (1947). In the absence of settled decisional law to the contrary, the Court cannot conclude that plaintiffs have failed to invoke its pendent jurisdiction under Fla.Stat. §§
447.17 and
447.201, et seq.; and it is in no way certain that plaintiffs cannot present facts to prove this claim....
CopyCited 8 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 450, 1985 Fla. LEXIS 3702, 120 L.R.R.M. (BNA) 3223
...The union sought to bargain about the change in job status, but the employer refused. The district court enforced PERC's determination that, while a public employer is free to alter the semester system, it was obliged under Florida's Public Employees Relations Act (PERA), sections 447.201-.609 of Florida Statutes, to negotiate with the union about the resulting effect on "wages, hours, and terms and conditions of employment." In its order, PERC noted in passing that any waiver of the right to collectively bargain must be "clea...
...tionships between government and its employees, both collectively and individually ... [by] [r]equiring the state, local governments, and other political subdivisions to negotiate with bargaining agents duly certified to represent public employees." § 447.201, Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 127 L.R.R.M. (BNA) 3051
...The City's position would inevitably lead to this result which would prevent public scrutiny and undermine public understanding of and confidence in the bargaining process. Such a result would hardly promote "harmonious and cooperative relationships between government and its employees." § 447.201, Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 109 L.R.R.M. (BNA) 2708
...at legislative body, acting in its impartial legislative capacity, deems such action to be in the public interest. The City also contends that a unilaterally imposed settlement by legislative fiat hardly advances the purposes of the act as stated in Section 447.201....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...Again citing its Lake Worth decision with approval in the final order in the present case, PERC's majority opinion begins its analysis of PERC precedent with this discussion: One of the fundamental purposes of the Commission and Chapter 447, Part II, is to promote labor stability and harmony. See Section 447.201, Florida Statutes....
...be affected, must do in the *105 same way at the same place under the same supervisors to the same end is unlikely to serve the stated legislative purpose "to promote harmonious and cooperative relationships between government and its employees." § 447.201, Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...For the reasons set forth below, we find that both charges are well founded and affirm PERC's order. The legislative statement of policy with respect to the Florida Public Employees Labor Relations Act provides that PERC was created to assist in resolving public labor disputes. § 447.201, Fla....
CopyCited 3 times | Published | Supreme Court of Florida
...ed in the parties' collective bargaining agreement. At issue here is by what means PERC is to give effect to all of its statutory duties and further its primary purpose to "assist in resolving disputes between public employees and public employers," section 447.201(3)....
...proceedings were not conducted fairly and regularly, or (b) The dispute was not resolved by the arbitration award, or (c) The result reached by the arbitrator was repugnant to Chapter 447, Part II, FS. Specific Authority
447.207, FS. Law Implemented
447.201, 447.107,
447.401,
447.501,
447.503, FS....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 8 Educ. L. Rep. 543
...ions of employment of bargaining unit *970 members, it is the effects of the decisions and not the decisions themselves which are mandatorily negotiable. Because the proposals presented in this case seek only to require the employer to surrender its Section 447.201 right to unilaterally decide class size and minimum staffing levels, negotiation over these proposals is not required....
CopyCited 2 times | Published | District Court, M.D. Florida | 1977 U.S. Dist. LEXIS 12970
...(`the Union') to intervene under Fed.R.Civ.P. 24(b). In addition to asserting the First and Fourteenth Amendment claims of plaintiff (and of the possible class members, if the case were certified as a class action), the Union also asserted a claim arising under state law, Fla.Stat. § 447.201 et seq....
...Phillips,
287 So.2d 149, 150 (1st D.C.A.Fla.1973); R & R Lounge, Inc. v. Wynne,
286 So.2d 13, 15-16 (1st D.C.A.Fla. 1973); SCL R. R. Co. v. Campbell,
285 So.2d 62, 63 (1st D.C.A.Fla.1973). An amendment to the specific state statute by which pendent jurisdiction is invoked (the Florida PERA, Fla.Stat. §
447.201 et seq....
...Palmigiano,
425 U.S. 308, 310 n. 1,
96 S.Ct. 1551, 1554 n. 1,
47 L.Ed.2d 810, 817 n. 1 (1976); Sosna v. Iowa,
419 U.S. 393, 399 n. 8,
95 S.Ct. 553, 557 n. 8,
42 L.Ed.2d 532 n. 8 (1975); Young v. Walker,
435 F.Supp. 1089, 1092 (M.D.Fla.1977). [3] Fla.Stat. §
447.201 (Supp.1976) provides in pertinent part: It is declared that the public policy of the state, and the purpose of this part, is to provide statutory implementation of Section 6, Article I of the Constitution of the State of Florida ......
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...tor under the NLRA. PERC and this Court will diligently enforce the statutes which require the maintenance of conditions necessary for a fair election. This is in keeping with the public policy and the declared purpose of PERC, under Florida Statute § 447.201: "It is declared that the public policy of the State, and the purpose of this part, is ......
CopyCited 1 times | Published | Supreme Court of Florida | 2000 WL 31835
...ic employees. [2] The Act is codified in chapter 447, part II, Florida Statutes (1997). In determining the scope of coverage under the Act, legislative intent is the polestar that guides our inquiry. [3] The legislative statement of policy is broad: 447.201 Statement of policy.It is declared that the public policy of the state, and the purpose of this part, is to provide statutory implementation of s....
...ees Relations Commission to assist in resolving disputes between public employees and public employers; and (4) Recognizing the constitutional prohibition against strikes by public employees and providing remedies for violations of such prohibition. § 447.201, Fla.Stat....
CopyCited 1 times | Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 77, 1985 Fla. App. LEXIS 6066
...g negotiations, [or] employee grievances.” 1 (e.s.) We affirm PERC’s order denying exclusion because the four area superintendents’ 2 secretaries will not act in a confidential capacity for the purposes of the controlling statute, which reads: 447.201 Statement of policy....
...o breach any legitimate restriction in their performance of confidential job duties. PERC further reasons that the exclusion from bargaining units of confidential employees whose functions lack any labor nexus would not serve the declared purpose of § 447.201, Florida Statutes, “to provide statutory implementation of s....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2006 WL 3780853
...the election. Accordingly, we affirm the Commission's final agency action. Affirmed. NOTES [1] The City is a public employer within the meaning of section
447.203(2), Florida Statutes (2005). Part II of Chapter 447 of the Florida Statutes (sections
447.201-447.609) grants public employees the right of organization and representation; requires the state, local governments, and other political subdivisions to negotiate with collective bargaining agents duly certified to represent public employees; creates the Public Employees Relations Commission; and recognizes the constitutional prohibition against strikes by public employees and provides remedies for violations of such prohibition. See §
447.201, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 1992 WL 220523
...31.36(6)(b) to apply to nonprofessional supervisory staff, as compared to principals, assistant superintendents and other certified positions. Nevertheless, the statute was interpreted to include such public employees in 1981, after the enactment of section 447.201-.609, which applies generally to public employees....
CopyPublished | District Court of Appeal of Florida | 108 L.R.R.M. (BNA) 2534, 1980 Fla. App. LEXIS 18309
...tor under the NLRA. PERC and this Court will diligently enforce the statutes which require the maintenance of conditions necessary for a fair election. This is in keeping with the public policy and the declared purpose of PERC, under Florida Statute § 447.201: “It is declared that the public policy of the State, and the purpose of this part, is ....
CopyPublished | Florida 1st District Court of Appeal | 4 I.E.R. Cas. (BNA) 607, 14 Fla. L. Weekly 627, 1989 Fla. App. LEXIS 1099, 1989 WL 18817
...several years before. The dismissal was based upon Kresse’s admitted failure to exhaust the grievance process and other administrative remedies provided by the collective bargaining agreement entered into between his union and the city pursuant to section 447.201, Florida Statutes (1987), et....
CopyAgo (Fla. Att'y Gen. 2009).
Published | Florida Attorney General Reports
In accordance with Section
447.201 and
447.403 of the Florida Statutes and Florida Administrative Code Rule 60CC-3, Martin O....
CopyPublished | District Court of Appeal of Florida | 94 L.R.R.M. (BNA) 2649, 1977 Fla. App. LEXIS 15150
construction of the Public Employees Relations Act, Section
447.201 et seq., Florida Statutes (1975). Marion County
CopyPublished | Florida 1st District Court of Appeal | 80 Lab. Cas. (CCH) 54, 078
...ary investigation will interfere with the preliminary investigation and create an opportunity for employee coercion and retribution by the employer, the employee organization or others affected. We find nothing in the Public Employees Relations Act, § 447.201, et seq., F.S....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 1825, 1988 Fla. App. LEXIS 3600, 1988 WL 80106
...Accordingly, the result below is affirmed. WIGGINTON, J., concurs. ZEHMER, J., dissents with written opinion. . In July 1986, the Public Employees Relations Commission (PERC) assumed the Career Service Commission’s jurisdiction in this area. See Ch. 86-163, Laws of Fla., § 447.201, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 104 L.R.R.M. (BNA) 2485, 1980 Fla. App. LEXIS 15901
...Both the Union and PERC concede that the contract period was a subject of impasse. If an item is the subject of lawful impasse, section
447.403 defines the manner of resolution. Perhaps, as the Union and PERC suggest, such inter *655 pretation will not serve to accomplish the statement of policy enunciated in section
447.201: “to promote harmonious and cooperative relationships between government and its employees, ....
...ees Relations Commission to assist in resolving disputes between public employees and public employers; and (4) Recognizing the constitutional prohibition against strikes by public employees and providing remedies for violations of such prohibition. § 447.201, Fla.Stat....
