CopyCited 17 times | Published | Supreme Court of Florida | 1988 WL 23406
...erit or civil service system laws or ordinances or rules and regulations adopted pursuant thereto are in conflict with the provisions of this part, in which event such laws, ordinances, or rules and regulations shall not apply, except as provided in § 447.301(4) ["Public Employee Grievances"] (Emphasis added)....
CopyCited 15 times | Published | Florida 1st District Court of Appeal | 100 L.R.R.M. (BNA) 2623
...PERA was remedial and confirmed existing rights: The court did not hold that every amendment to PERA, no matter when enacted, was remedial in nature. The School Board was charged with interfering with the exercise of employee rights guaranteed by F.S.
447.301(1) and (2) of Chapter 447, Part II, Florida Statutes 1975 and engaging in unfair labor practices under F.S.
447.501(1)(a). We observe though that in 1976, F.S.
447.301 did not contain the words "to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection." That language (or other similar language having equivalent meaning) is necessary in order for the rig...
CopyCited 14 times | Published | Supreme Court of Florida | 2 Employee Benefits Cas. (BNA) 2262
...Ass'n of Firefighters, Local 2339, real party in interest. ADKINS, Justice. We have for review a decision of the District Court of Appeal, First District ( City of Tallahassee v. Public Employees Relations Commission ),
393 So.2d 1147 (Fla. 1st DCA 1981), holding unconstitutional portions of sections
447.301(2) and
447.309(5), Florida Statutes (1979)....
...Relations Commission (hereinafter PERC), a petition for declaratory statement requesting answers to the following questions: (1) Whether a pension plan covered by the City ordinance is a permissive or prohibited subject of bargaining under Sections
447.301(2) and
447.309(5), Florida Statutes (1979)....
...withdrawn at any time during negotiations, must a contractual waiver of an employer's right to make unilateral changes as to a permissive subject such as pension be clear and unequivocal? Id. at 1148-49. In response to the petition, PERC held that §§
447.301(2) and
447.309(5) removed from public employers the obligation to negotiate over pension plans to the extent that retirement matters are controlled by state statute or local ordinance. It also held that under §
447.301(2), a public employer has no statutory obligation to negotiate over a change in an ordinance or statute affecting pension plans even if the same is amended while a collective bargaining agreement is in effect....
...pon before the issues appealed could be resolved. The court thus ordered that briefs be filed on the following question: Are the phrases "excluding any provisions of the Florida Statutes or appropriate ordinances relating to retirement" contained in Section 447.301(2), Florida Statutes, and "except those terms and conditions provided for in any Florida statute or appropriate ordinances relating to retirement and the applicable merit and civil service rules and regulations" contained in Section 4...
...The phrases held unconstitutional by the district court were contained in part II of chapter 447, Florida Statutes, which pertains to public employees labor organizations and implements the provisions of article I, section 6, of the state constitution. Prior to the district court's order, subsections
447.301(2) and
447.309(5) read, in part, as follows: Public employees shall have the right to be represented by any employee organization of their own choosing and to negotiate collectively, through a certified bargaining agent, with their public emp...
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
...These employment interests were at stake as Lewis contemplated the alternatives presented him by the Chief. To request union representation when making that choice, is we believe, "to engage in concerted activities not prohibited by law, for the purpose of... mutual aid or protection." § 447.301(3), Fla....
...iplined, as was the case in Weingarten and Seitz, but by his concern that significant adverse consequences would result from the choice between resignation and dismissal. In both situations, however, the right to union representation arises from the Section 447.301(3) right to act for "mutual aid or protection." Once the right to representation attaches, and a request is made, the duty of the public employer is the same....
...a right. It cannot be doubted that an option to resign in the face of certain termination can often be an option much sought after and desired by employees, and it is predictable that as a result of the majority's formulation of an interpretation of Section 447.301(3), Florida Statutes (1979), which exposes employers to Weingarten -type liability for offering their employees an opportunity to resign, such opportunities will become quite scarce in the future....
...These provisions indicate a legislative intent to delegate to PERC a range of discretion within *1162 which to make policy determinations necessarily involved in the interpretation and application of the "mutual aid and protection" guarantee set forth in section 447.301(3)....
...onstruing similar provisions of the National Labor Relations Act are persuasive but not binding. Pasco County School Bd. v. PERC,
353 So.2d 108, 116 (Fla. 1st DCA 1977). [4] The Florida Public Employees Labor Relations Act contains similar language. §
447.301(3), Fla....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...opposed the position taken by the City on the petition. The petition asked the Commission to answer the following questions: (1) Whether a pension plan covered by the City ordinance is a permissive or prohibited subject of bargaining under Sections
447.301(2) and
447.309(5), Florida Statutes (1979)....
...t to make unilateral changes as to a permissive subject such as pension be clear and unequivocal? In response to Question No. 1, the Commission relied on its decision in City of Miami, 4 FPER 4134 (1978), in which it held that the effect of Sections
447.301(2) and
447.309(5), Florida Statutes, was to remove the employees' right to negotiate on retirement to the extent that the subject of retirement is controlled by state statute or local ordinance, but that the statutes do not prohibit such negotiation upon mutual agreement by the parties. On Question 2, the Commission determined that pursuant to Section
447.301(2), the employer is under no statutory obligation to bargain over a change in an ordinance or statute pertaining to pension plans unless the agreement covers the subject....
...d an order on our own motion raising the following question and directing the parties to file additional briefs thereon: Are the phrases "excluding any provisions of the Florida Statutes or appropriate ordinances relating to retirement" contained in Section 447.301(2), Florida Statutes, and "except those terms and conditions provided for in any Florida statute or appropriate ordinances relating to retirement and the applicable merit and civil service rules and regulations" [1] contained in Secti...
...r 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. (Emphasis supplied.) Section 447.301(2), a part of the statute which implements the above constitutional provision, states in pertinent part as follows: Public employees shall have the right to be represented by any employee organization of their own choosing and to nego...
...such system unless such unit has made or concurrently makes provision for the funding of the increase in benefits on a sound actuarial basis. (Art. X, § 14, Fla. Const.) The Division of Retirement points out that the questioned phrases in Sections
447.301(2) and
447.309(5) were added by amendment to those sections by Chapter 77-343, Laws of Florida, and states that such addition was made because of this new constitutional provision; that it was necessary to eliminate retirement from collective...
...Unless and until such amendment is enacted or adopted and becomes effective, the conflicting provision of the collective bargaining agreement shall not become effective. There is no conflict between Article X, Section 14, and Article I, Section 6, of the Florida Constitution. We hold the following phrase contained in Section
447.301(2) Florida Statutes, unconstitutional: "excluding any provisions of the Florida Statutes or appropriate ordinances relating to retirement." We also hold the following phrase contained in Section
447.309(5), Florida Statutes, unconstit...
...ble and are deleted leaving standing the remainder of the respective statutes. State ex rel. Boyd v. Green,
355 So.2d 789 (Fla. 1978). The three questions propounded to PERC by the City each called for an interpretation of the provisions of Sections
447.301(2) and
447.309(5), which we here hold to be unconstitutional....
CopyCited 8 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 450, 1985 Fla. LEXIS 3702, 120 L.R.R.M. (BNA) 3223
...ployer's right to make executive decisions. In Florida, management rights are recognized in section
447.209. The collective bargaining rights of employees are guaranteed by article I, section 6, of the Florida Constitution and the PERA, specifically section
447.301....
...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....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 100 L.R.R.M. (BNA) 2543
...artment shall furnish such information to each affected state agency." It is against the foregoing backdrop that Chapter 447, Part II, Florida Statutes 1975, implements the Article I, Section 6 guarantee of collective bargaining to public employees. Section 447.301(2) assures public employees the right, through a certified bargaining agent, to negotiate collectively with their public employer....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...ction, of their eligibility to vote, and of the terms of the proposed agreement; and (3) by engaging in the above acts the Union interfered with, restrained and coerced non-union public employees in the free exercise of the rights guaranteed them by section
447.301(1), [4] Florida Statutes, thereby engaging in an unfair labor practice under section
447.501(2)(a)....
...[3] Section
447.501(2) provides: A public employee organization or anyone acting in its behalf ... is prohibited from: (a) Interfering with, restraining, or coercing public employees in the exercise of any rights guaranteed them under this part... [4] Section
447.301(1) provides: Public employees shall have the right to form, join, and participate in, or to refrain from forming, joining, or participating in, any employee organization of their own choosing....
...that the findings of fact were not based upon competent substantial evidence... . [9] Title 29 U.S.C. § 151 et seq., (1974). [10] 29 U.S.C. § 158(b)(1)(A), which is the counterpart to section
447.501(2)(a), Florida Statutes. [11] 29 U.S.C. § 157, which is the Federal counterpart to section
447.301(1), Florida Statutes....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 112 L.R.R.M. (BNA) 3443
...he question whether they wish to become part of the bargaining unit composed of maintenance, custodial and warehouse employees, or whether they wish to remain outside the unit and unrepresented. SCHEB, C.J., and HOBSON, J., concur. NOTES [1] Compare section 447.301(1), Florida Statutes (1979), with 29 U.S.C....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...City of Clearwater v. Lewis, supra ; Okaloosa-Walton Junior College v. PERC,
372 So.2d 1378 (Fla. 1st DCA 1979), cert. denied,
383 So.2d 1200 (Fla. 1980); Pasco County School Board v. PERC, supra . Guaranteed the right to self-organize and bargain collectively by section
447.301 of the Act, public employees must also, of necessity, have the right to effectively communicate with one another regarding self-organization at the job site....
CopyCited 3 times | Published | Supreme Court of Florida
...harge. (citations omitted) 11 F.P.E.R. ¶ 16128 at 385. PERC's position is that in addition to the explicit arbitration requirements of section
447.401, its policy of deferring to arbitration is supported by other provisions of Chapter 447, Part II: section
447.301(2) and (4) provide for the right to representation in grievance proceedings; section
447.501(1)(f) makes it an unfair labor practice for an employer to refuse to discuss grievances....
CopyCited 3 times | Published | Supreme Court of Florida | 1984 Fla. LEXIS 2565, 115 L.R.R.M. (BNA) 2645
...the grievant to either represent himself or to *1048 seek outside representation, for the purpose of pursuing the grievance in accordance with the procedures set forth in the collective bargaining agreement. ... Our rejection of the proposition that Section 447.301(4) guarantees an individual unfettered access to the arbitral process is supported by the substantial weight of authority in other jurisdictions interpreting statutory provisions which are identical in all material respects to Section 447.301(4) in both language and policy....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...eponderance of competent record evidence that, under the circumstances existing, the affected employees could reasonably conclude that the employer's action has a reasonable tendency to interfere with, restrain or coerce employees in the exercise of Section 447.301 rights....
...Furthermore, not only are direct threats prohibited, but also statements which in their factual context contain latent or implied threats. [citations omitted]. The hearing officer found that the employees including Carol MacDonald were engaged in protected concerted activities within the meaning of section 447.301(3) when they sought redress for unsatisfactory working conditions in the cafeteria....
...in any organization... ." §
447.401. Public employees may also bring individual grievances, with or without union representation; however, a union is not required to represent a nonunion grievant nor required to take such grievance to arbitration. §
447.301(4); Galbreath v. School Board of Broward County,
446 So.2d 1045 (Fla. 1984). As well, "[p]ublic employees shall have the right to engage in concerted activities not prohibited by law, for the purpose of collective bargaining or other mutual aid or protection." §
447.301(3)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2008 WL 313442
...As previously stated, this provision of the Act prohibits a public employer from "[i]nterfering with, restraining, or coercing" its employees "in the exercise of any rights guaranteed them" by chapter 447, part II. §
447.501(1)(a), Fla. Stat. The "rights guaranteed" public employees are enumerated in section
447.301, Florida Statutes (2006), and include "the right to engage in concerted activities not prohibited by law, for the purpose of collective bargaining or other mutual aid or protection." §
447.301(3), Fla....
...enceforth be punished: "Mr. Brown has created the reasonable belief that participation in protected activity may result in adverse employment consequences, and by doing so interfered with, restrained and coerced employees in the exercise[ ] of their Section 447.301 rights." (emphasis added)....
CopyCited 1 times | Published | Supreme Court of Florida | 33 I.E.R. Cas. (BNA) 1783, 37 Fla. L. Weekly Supp. 411, 2012 Fla. LEXIS 1131, 2012 WL 2036002
...State Public Employees Relations Commission,
702 So.2d 536, 537 (Fla. 2d DCA 1997) (“We have been unable to find an opinion from a Florida court setting forth the requirements necessary to establish a prima facie charge alleging a violation of section
447.501(a), (d) and section
447.301(3), (4).”)....
CopyPublished | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 14138, 2011 WL 3903103
...UTD knew or should have known that its conduct in this case violated established law. Florida is a right-to-work state. Those who work in this state have a constitutionally protected right to refrain from joining a labor organization. See art. I, § 6, Fla. Const.; see also § 447.301, Fla....
CopyPublished | District Court of Appeal of Florida | 42 Educ. L. Rep. 679, 12 Fla. L. Weekly 2229, 1987 Fla. App. LEXIS 12173
...That section, defining “unfair labor practices,” prohibits public employers from “interfering with, restraining, or coercing public employees in the exercise of any rights guaranteed them under this part” (meaning part II, which includes sections
447.503 and
447.509). Section
447.301 provides in part: (1) Public employees shall have the right to form, join, and participate in, or to refrain from forming, joining, or participating in, any employee organization of their own choosing....
...ses and the instant case is that the proceeding in Miami Dade and Orange County sought to enforce prohibitions against activity prohibited by section 447.-509(1), while in the instant case SPALC, apparently in its representative capacity pursuant to section 447.301(2), filed the unfair labor charge to enforce the legal right of its members who are school board employees to engage in lawful solicitation and distribution.....
...The “Basis of the charge" reads: Since on or about February 14, 1985, the employer has promulgated and enforced an overbroad no solicitation/no distribution rule against employees of the School Board of Lee County who were seeking to communicate with fellow employees in the exercise of their rights guaranteed by Section 447.301, Florida Statutes (1983) to form and join an employee organization to replace the employee organization which is currently certified as exclusive bargaining representative of these employees....
CopyPublished | Florida 1st District Court of Appeal
...That section, defining "unfair labor practices," prohibits public employers from "interfering with, restraining, or coercing public employees in the exercise of any rights guaranteed them under this part" (meaning part II, which includes sections
447.503 and
447.509). Section
447.301 provides in part: (1) Public employees shall have the right to form, join, and participate in, or to refrain from forming, joining, or participating in, any employee organization of their own choosing....
...ases and the instant case is that the proceeding in Miami Dade and Orange County sought to enforce prohibitions against activity prohibited by section
447.509(1), while in the instant case SPALC, apparently in its representative capacity pursuant to section
447.301(2), filed the unfair labor charge to enforce the legal right of its members who are school board employees to engage in lawful solicitation and distribution....
...[5] The "Basis of the charge" reads: Since on or about February 14, 1985, the employer has promulgated and enforced an overbroad no solicitation/no distribution rule against employees of the School Board of Lee County who were seeking to communicate with fellow employees in the exercise of their rights guaranteed by Section 447.301, Florida Statutes (1983) to form and join an employee organization to replace the employee organization which is currently certified as exclusive bargaining representative of these employees....
CopyPublished | District Court of Appeal of Florida | 99 L.R.R.M. (BNA) 3046, 1978 Fla. App. LEXIS 16731
employees in the exercise of rights guaranteed in §
447.301(1) and (2) by the following acts: “a. On or about
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2239, 1984 Fla. App. LEXIS 15610
...This is an appeal from an order of the Public Employees Relations Commission (PERC), which found that a union time pool, contained in a collective bargaining agreement, and applicable to all bargaining unit members, was violative of Sections
447.501(l)(a) and
447.301(1), Florida Stat *373 utes....
...The latter provision provides: (1) Public employees shall have the right to form, join, and participate in, or to refrain from forming, joining, or participating in, any employee organization of their own choosing. “The issue presented in this case, and the one decided by the hearing officer, is whether it is contrary to Section 447.301(1) for a certified union and an employer to agree to a contract provision that requires all bargaining unit employees, including those who are not members of the union, to contribute a portion of their leave time to a pool to be used for union business....
...quiring reimbursement of previously deducted leave for all unit employees who request it. The record in this case does not support such a broad remedy with respect to members of Local 3032. “The charge filed by Delaney states that his rights under Section 447.301(1) were violated because even though he was not a member of Local 3032 he was required to contribute a portion of his sick leave to the union time pool....
CopyPublished | Florida 3rd District Court of Appeal | 8 Educ. L. Rep. 898, 1982 Fla. App. LEXIS 22233
this point is based upon an interpretation of Section 447.-301(4), Florida Statutes (1979), which we expressly
CopyPublished | District Court of Appeal of Florida | 157 L.R.R.M. (BNA) 2243, 1997 Fla. App. LEXIS 6562
...In Palm Beach Junior College, our supreme court approved our opinion affirming PERC’s determination that a junior college had committed an unfair labor practice by bargaining to impasse over language that waived collective bargaining rights guaran *171 teed by article I, section 6, of the Florida Constitution and section 447.301, Florida Statutes (Supp.1980)....
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
from the terms of two statutory provisions: section
447.301, Florida Statutes, providing public employees
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 7044, 1991 WL 133429
...ops in the teachers’ lounges. Section
447.501(l)(a) provides that it is an unfair labor practice for a public employer to “interfer[e] with, restrain, or coercje] public employees in the exercise of any rights guaranteed them under this part.” Section
447.301(1) states that “public employees shall have the right to form, join, and participate in any employee organization of their own choosing.” This includes the right to communicate about organization at the job site, Okaloosa-Walton Co....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 25335
dismissing the ease. II. The interpretation of Section 447.-301, Florida Statutes, which provides, in part:
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 8837, 1995 WL 492974
...ublic Employees Relations Commission. In doing so, we hold that the Fair Labor Standards Act, 29 U.S.C. section 215 , does not preempt Florida from granting to public employees the “right to engage in concerted activities not prohibited by law,” section 447.301(3), Florida Statutes, and authorizing the Public Employees Relations Commission to order reinstatement of any employee, with or without back pay, attorney’s fees, witness fees, and other out-of-pocket expenses incurred, when it find...
CopyPublished | District Court of Appeal of Florida | 41 Educ. L. Rep. 1184, 12 Fla. L. Weekly 1966, 1987 Fla. App. LEXIS 9953
restrain or coerce employees in the exercise of Section
447.301 rights, [citations omitted]. The employer’s
CopyPublished | District Court, S.D. Florida | 2012 U.S. Dist. LEXIS 67227
...g and Common Cause/Georgia . Under Florida law, public employees have the right to be represented by any employee organization of their own choosing and to engage in collective bargaining over the terms and conditions of their employment. Fla. Stat. § 447.301 (2)....
...The alleged injury in this case is a violation of the constitutional protection against unreasonable searches and, as discussed, satisfies the injury-in-fact elements, is traceable to the EO, and can be redressed by the relief requested. The second element is satisfied by Fla. Stat. §
447.301 (2) (authorizing collective bargaining on the terms and conditions of public employment) together with the holding in Fraternal Order,
609 So.2d at 35 , that the drug testing of all public safety employees triggers mandatory collective bargaining....