Florida/Georgia Personal Injury & Workers Compensation

...ish those claims) of property interests derived from other source ... the Court struck the allegations and claims of entitlement under Fla.Stat. § 112.531 et seq. "as contrary to the decisional law of Florida." Id. Plaintiffs propose that Fla.Stat. § 447.209 of the Public Employees Relations Act (`PERA') [1] creates a de jure property interest in their jobs as deputies....

...stigmatization of their good names and reputations, is granted. 3. Defendant's motion for summary judgment on plaintiffs third claim, concerning politically discriminatory discharge violating First Amendment freedoms, is denied. NOTES [1] Fla.Stat. § 447.209 Provides: It is the right of the public employer to determine unilaterally the purpose of each of its constituent agencies, set standards of services to be offered to the public, and exercise control and discretion over its organization and operations....

...tively." Like the commission we do not question petitioner's authority to change from a semester to a quinmester system nor do we question the right of the employer to ultimately change the length of the service of various employees during the year. Section 447.209, Florida Statutes (1977)....

...First, Defendants argue that Kamenesh's new duties are the results of mere transfers and that "transfers and reassignments have generally not been held to implicate a property interest." Maples v. Martin, 858 F.2d 1546, 1550 (11th Cir.1988). Defendants rely on Florida Statutes § 447.209 and the parties' Collective Bargaining Agreement to demonstrate that City management has the unilateral authority, indeed the mandate, to transfer and assign employees as the City sees fit....

...dings exist sufficient to establish for Plaintiff "a legitimate claim of entitlement" to continued employment devoid of discretionary demotion. See Perry, 408 U.S. at 602, 92 S.Ct. at 2700. For purposes of Defendants' motion, the court cannot agree. Section 447.209 of Florida Statutes, on which Defendants rely as the source of their unfettered authority, limits a public employer's disciplinary and disadvantageous actions against employees to those taken "for proper cause" and "legitimate reasons...

...A reasonable police officer would know, at a minimum, that such conduct violated clearly established statutory rights prohibiting adverse treatment of public employees without cause. As discussed above, both the Police Officer's Bill of Rights and § 447.209, which statute in turn conditions the Department's conduct on compliance with the parties' Collective Bargaining Agreement, require that any discipline or discharge of an employee issue only for "proper cause" and be supported by legitimate reasons....

...693, 697, 58 L.Ed.2d 619 (1979). [3] Under the ruling in Bonner v. Prichard, 661 F.2d 1206 (11th Cir.1981) ( en banc ), the decisions of the Fifth Circuit handed down prior to October 1, 1981 serve as binding precedent in the Eleventh Circuit. [4] In pertinent part, § 447.209 reads: It is ... the right of the public employer to direct its employees, take disciplinary action for proper cause, and relieve its employees from duty because of lack of work or for other legitimate reasons. [5] Section 447.209 also incorporates existing collective bargaining agreements as valid limitations on the conduct of public employers: .......

...issues that are not contained in the existing contract. On the other hand, appellant contends that the number of periods in a school day is a decision for the School Board pursuant to its statutory authority enabling it to set standards of service. Section 447.209, Florida Statutes (1977)....

...Our state has legislatively recognized the rights of a public employer to make decisions which are consistent with its purpose, including the rights "to direct its employees, take disciplinary action for proper cause, and relieve its employees from duty because of lack of work or for other legitimate reasons." Section 447.209, Florida Statutes....

...y finding that public policy dictates a different outcome under the PERA. A management rights clause like the one in American National merely recognizes an employer's right to make executive decisions. In Florida, management rights are recognized in section 447.209....

...It is not a recognition of hitherto unrecognized management rights. What the College bargaining agent demanded in this case bears no resemblance to the management rights clause in American National. [5] The College was not seeking recognition of management rights, provided for in section 447.209, but a waiver of rights under section 447.301 and article I, section 6....

...However, the exercise of such rights shall not preclude employees or their representatives from raising grievances, should decisions on the above matters have the practical consequence of violating the terms and conditions of any collective bargaining agreement in force or any civil or career service regulation. § 447.209, Fla....

...[6] IV The District argues in the alternative that the discharge can be justified on non-policy grounds. In support of this position, it cites Jacker v. School Board of Dade County, 426 So.2d 1149 (Fla. 3d DCA 1983), which held that the right of a public employer to discipline an employee for "proper cause" under section 447.209, Florida Statutes (1979), includes the right to discipline for failure to show proper respect to the employer, even in the absence of a specific rule of conduct requiring employees to show respect....

...Further, he asserts that the rule/policy is invalid because it was not promulgated in accordance with section 120.54. Consequently, he contends that the termination order must be reversed because one who is discharged pursuant to the operation of an invalid rule is not terminated for proper cause within the meaning of section 447.209, Florida Statutes (1983)....

...bargaining under Chapter 447, Part II, Florida Statutes (2008). The District responded by noting that both the requirement that teachers prepare a lesson plan and the manner by which they were to perform this task were management prerogatives under section 447.209, Florida Statutes (2008)....

...See Memorandum GC-87-5, [4 Labor Relations] Lab.L.Rep. (CCH) para. 9344, at 19,201. Finally, we reject the City's argument that the conclusion that drug testing is a term and condition of employment violates the prerogatives granted to management by Section 447.209, Florida Statutes: "It is the right of the public employer to determine unilaterally the purpose of each of its constituent agencies, set standards of services to be offered to the public, and exercise control and discretion over its organization and operations....

...School Board, 423 So.2d 969 (Fla. 1st DCA 1982). In that case, the court held that the setting of class size and staffing levels are policy decisions which are incorporated into the term "standards of service to be offered to the public," listed in Section 447.209 as items to be unilaterally set by the public employer, but the "impact of the implementation of such decisions on `wages, hours and terms and conditions of employment' when an appropriate showing of negotiable impact has been made" are subjects of mandatory bargaining....

...Our state has legislatively recognized the rights of a public employer to make decisions which are consistent with its purpose, including the rights "to direct its employees, take disciplinary action for proper cause, and relieve its employees from duty because of lack of work or for other legitimate reasons." Section 447.209, Florida Statutes....

...action as it deems to be in the public interest, including the interest of the public employees involved, to resolve all disputed impasse issues." [9] Florida has legislatively recognized that there are certain prerogatives granted to management in Section 447.209, Florida Statutes (1983), which provides: Public employer's rights....

...Macy, 392 F.2d 822, 835, modified, 425 F.2d 469 (D.C. Cir.1968), aff'd en banc, 425 F.2d 472 (D.C. Cir.1969); Haag v. Revell, 28 Wash.2d 883, 184 P.2d 442 (1947), and the right of a public employer to discipline an employee for "proper cause," see § 447.209, Fla....

...(Emphasis supplied.) We agree with the Commission's view that the setting of class size and minimum staffing levels are policy decisions which are incorporated in the term "standards of service to be offered to the public" which are to be unilaterally set by the public employer, pursuant to § 447.209, Florida Statutes, and thus are not mandatorily bargainable....

...Appellant contends that if an employee is not required to prove the employer's actions were motivated by an anti-union sentiment, then an employer would be prohibited from taking actions with respect to its employees for legitimate business reasons, as guaranteed under section 447.209....

...for the purpose of collective bargaining or other mutual aid or protection." § 447.301(3). Public employers enjoy rights under the Act also, including the right to control their operations and to direct and discipline employees for proper purposes. § 447.209....

...retion over its organization and operations. It is also the right of the public employer to direct its employees, take disciplinary action for proper cause, and relieve its employees from duty because of lack of work or for other legitimate reasons. § 447.209, Fla....

...We reverse that part of the order on appeal which finds that the City committed an unfair labor practice when, as a part of departmental reorganizations, it deleted three positions in a bargaining unit and created positions outside of the bargaining unit, because the ruling is contrary to section 447.209, Florida Statutes (1999)....

...The matter proceeded to an administrative hearing, following which the hearing officer issued a recommended order finding, in part, as follows: The Commission has long held that the abolishment and creation of bargaining unit positions are within the scope of management rights enumerated within Section 447.209 and are not a required subject of bargaining....

...implementing its decision" but this "opportunity does not require the employer to submit to an impasse in negotiations to the statutory resolution process prior to implementation." PERC explained: [W]e have not overlooked the City's contention that Section 447.209, Florida Statutes (public employer's rights), forecloses bargaining over the transfer of unit work to its non-unit employees....

...Section 447.309(1), Florida Statutes (1999), provides that a public employer has the obligation to bargain collectively "in the determination of wages, hours and terms and conditions of employment of the public employees within the bargaining unit." Notwithstanding such obligation, section 447.209, Florida Statutes (1999), provides that it is "the right of the public employer to determine unilaterally the purpose of each of its constituent agencies, set standards of service to be offered to the public and exercise control and discretion over its organization and operations." (Emphasis added). We agree with the City that by granting this discretion to the public employer, section 447.209 rejects the concept of impact bargaining with respect to good faith changes in a public employer's organization and operations, unless those charges impact the determination of wages, hours, and terms and conditions of employment of employees within the bargaining unit. Our interpretation of section 447.209 is consistent with past PERC decisions....

...on. There is no dispute, however, that the City's actions had any impact upon the wages, hours, or terms and conditions of employment of any of the employees in the bargaining unit. We hold that PERC's ruling is contrary to the express provisions of section 447.209 and Amalgamated, and is not premised upon any provision within chapter 447, Florida Statutes....

...Florida Dep't of Corrections, 726 So.2d 389, 391 n. 4 (Fla. 1st DCA 1999). *512 Further, we do not find persuasive the cases from other jurisdictions upon which PERC relied. Only one of the cited jurisdictions, Pennsylvania, has a statutory provision similar to section 447.209, see 43 Pa....

...The Florida Supreme Court has recognized that there are critical distinctions between private and public sector bargaining. State v. Florida Police Benevolent Assoc., Inc., 613 So.2d 415 (Fla.1992). We, therefore, agree with PERC's interpretation of section 447.209, Florida Statutes, that the right to subcontract is a management prerogative which is not a subject of mandatory collective bargaining, and affirm the order below....

...3d DCA 1983) (affirming dismissal of noninstructional employee for disparaging racial remarks and failure "to show proper respect for the authority of supervisors/managerial employees" because that requirement is inherent in public employer's right to discipline employee for "proper cause," as provided in section 447.209, Florida Statutes (1979))....

...The Fraternal Order of Police, Ft. Lauderdale, Lodge 31 (FOP) cross-appeals the same order. We dismiss the City’s appeal and affirm PERC’s order on cross-appeal. The City contends that PERC misinterpreted Florida’s statutory management rights clause, § 447.209, Fla.Stat....

...organization and operations. It is also the right of the public employer to direct its employees, take disciplinary action for proper cause, and relieve its employees from duty because of lack of work or for other legitimate reasons. § 447.209, Fla....

she remains subject to recall if needed. Section 447.209, Florida Statutes (1979) provides that management

legitimate business reasons, as guaranteed under section 447.-209. To hold that the employer’s motive is not