CopyCited 10 times | Published | Florida 1st District Court of Appeal | 109 L.R.R.M. (BNA) 3166
...considered it totally unnecessary to submit testimonial evidence during the Representation Hearing held on October 13, 1976, to support the exclusion of CETA workers..." In Orange County P.B.A. and City of Sanford, 4 FPER § 4119 (1978), the Commission held: Section 447.307(4)(a-h) contains a list of criteria which the Commission must consider when it defines bargaining units proposed by petitions for certification....
...(PERC's order, May 30, 1978) PERC's view, according to the order, is that stipulations by the parties are not "stipulations of fact"; they are simply "statements of coincidence of position" by the parties, "which do not in any way bind this Commission ...," and further: ... The Commission, not the parties, is mandated by Section 447.307(3) to define appropriate bargaining units....
...if viewed as arguably consistent, it was misapplied in this case; and we are not persuaded by PERC's argument that the County's right to present further evidence on the CETA issue was forever foreclosed by PERC's assertion of paramount right, under Section 447.307(3)(a)(1), to unilaterally restructure a bargaining unit based upon its own independent inquiry into the appropriateness of the proposed unit....
...We are aware that this court, in School Board of Marion County v. Public Employees Relations Commission,
330 So.2d 770 (Fla. 1st DCA 1976), drew a distinction, so far as PERC's unit-defining authority is concerned, between so-called "voluntary recognition situations," under Section
447.307(1), Florida Statutes, and "non-voluntary certification petitions" under Section
447.307(2), et seq., Florida Statutes....
...erent from regular employees." PERC's order fails to mention this distinction. The County's exceptions to PERC's analysis and proposed order pointed out the need for evidence on other matters in order for PERC to carry out its responsibilities under Section 447.307(4)(a) through (h), Florida Statutes, which sets forth specific criteria to be considered in determining the appropriateness of a bargaining unit....
...at page 19: ... Furthermore, in light of the unique nature of each public employer's organization and operation and the special conditions of employment resulting from each such unique 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....
CopyCited 9 times | Published | Florida 1st District Court of Appeal
...g agent and presented authorization cards to him which it represented were signed by a majority of the employees. Muse refused to recognize the union. Before a certification petition was filed by the employee organization with PERC, as authorized by Section 447.307(2), Muse, on January 27, 1975, sent the following letter to all employees: TODAY Newspaper 1-27-75 "UNION TURNS SOUR" "25 to 30 UNION MEMBERS TURN IN RESIGNATIONS" PRESENT UNION MEMBER "I'M FOR A UNION, BUT I'M AGAINST A SORRY UNIO...
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 96 L.R.R.M. (BNA) 2948
...rsity system, to examine the "dated statements signed by at least 30 percent of the employees in the proposed unit, indicating that such employees desire to be represented for purposes of collective bargaining by the petitioning organization [UFF]." Section 447.307(2), Florida Statutes (1975)....
...They urged also that PERC's refusal to permit inspection effectively denied plaintiffs "a reasonable opportunity to verify and challenge the signatures" as having been "obtained by collusion, coercion, intimidation, or misrepresentation or [as] otherwise invalid." Section 447.307(2)....
...Act, Section
120.73, Florida Statutes (Supp. 1976). The circuit court held the signed and dated cards are public documents which may be inspected under Chapter *492 119 and that the ten professors "may verify and challenge" the cards by authority of Section
447.307(2)....
...der declaratory judgments under the provisions of chapter 86... ." The ten professors' claim of entitlement to inspection of the signature cards was based both on the Public Records Act, Chapter 119, and on the Public Employees Relations Act (PERA), Section 447.307....
...as the former claim. After the circuit court ruled in Case BB-98, the Supreme Court held, in School Board of Marion County v. PERC,
334 So.2d 582, 584-85 n. 10 (Fla. 1976), that the Marion County School Board had not satisfied formal requirements of Section
447.307(2) for inspection of signature cards, and so denied the School Board's request for inspection without prejudice to renewal in proper form. The Court denied the Marion County School Board's claim to free access under Chapter 119, saying "[t]o this extent section
447.307(2) may actually operate as an exemption to section
119.01, as recognized in section
119.07(2)(a)." (emphasis added) [1] While the Court's language was tentative, its denial of relief under Chapter 119 was unequivocal....
...In accordance with our view expressed in Willis and Mitchell, we hold that the circuit court's jurisdiction was limited to determining the applicability of Chapter 119 and did not extend to determining, as well, whether the signature cards should have been produced for inspection by the ten professors pursuant to Section 447.307(2)....
...'s subsequent order certifying UFF as exclusive bargaining agent for the unit, urge error in (1) PERC's refusal to permit the ten to inspect signature cards submitted by UFF as indication of employee interest in collective bargaining representation, Section 447.307(2); (2) PERC's refusal to register their organization, the Committee of Concerned Faculty, as an employee organization under Chapter 447; (3) PERC's overruling of objections by the ten to post-election procedures of PERC and its chair...
...ten a Section
120.57(1) trial-type proceeding on factual issues raised by petitioners' objections to the election, post-election processes and eventual certification. Petitioners' demand for inspection of signature cards submitted by UFF pursuant to Section
447.307(2) was untimely....
...The statutory scheme requires submission of "dated statements signed by at least 30 percent of the employees in the proposed unit," indicating a desire for collective bargaining representation, as a predicate for a PERC hearing and order for an election. Section 447.307(3). Hearings on UFF's petition for certification were held in March through May 1975, pursuant to notice which is not shown here to have been inadequate. Section 447.307(3)(a)....
..., long after hearings on the adequacy of UFF's preliminary showing were closed in May 1975. Petitioners' initial letter demand was simply that; it made no assertion of petitioners' belief that the cards submitted were invalid on grounds specified in Section 447.307(2): "Any employee, employers, or employee organization having sufficient reason to believe any of the employee signatures *494 were obtained by collusion, coercion, intimidation, or misrepresentation or are otherwise invalid shall be...
...But registration of employee organizations is necessary only for those which desire to request recognition by a public employer or an election for collective bargaining purposes. Section
447.305(1). Other employee organizations, though they have standing to timely request inspection of signature cards submitted under Section
447.307(2) and to complain of unfair labor practices under Section
447.503, have no statutory right of participation in an employee election....
...Petitioners as employees of the State University System had and enjoyed the right to campaign and vote against union representation, or against representation by any particular organization, but individual employees who were not previously recognized as formal parties to Section 447.307 proceedings must express all their objections at the ballot box....
CopyCited 8 times | Published | Supreme Court of Florida | 1994 WL 26992
...Employees Relations Commission (PERC). We find that this Court does not have jurisdiction to issue the writ, and, therefore, we deny the petition. On March 23, 1993, the State Employees Attorneys Guild (SEAG) filed a petition with PERC, pursuant to section 447.307(2), Florida Statutes (1991), seeking certification of a bargaining unit composed of attorneys who are employed by the State of Florida....
...on this Court's jurisdiction over attorneys. We find that collective bargaining by state employed attorneys does not encroach upon this Court's jurisdiction over the admission of attorneys to the practice of law or the discipline of attorneys. Under section 447.307, Florida Statutes (1991), PERC is required to process the representation-certification petition of SEAG....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 101 L.R.R.M. (BNA) 2203
...Powers, Jr., Michael M. Switzer, and Patricia A. Renovitch, Tallahassee, and Ken Megill, for respondents. ERVIN, Judge. Petitioner, Board of Regents of the State of Florida, filed petition for a writ prohibiting PERC from holding an evidentiary hearing pursuant to § 447.307(3), Fla....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 114 L.R.R.M. (BNA) 3286
...*1233 Tobe Lev of Egan, Williams & Lev, Orlando, for appellee Nat. Union of Hosp. and Health Care Employees. Vernon Townes Grizzard, Deputy Asst. Gen. Counsel, and N. Sherrill Newton, Staff Counsel, Tallahassee, for appellee Public Employees Relations Com'n. COBB, Judge. The issue in this case is whether section 447.307 of the Public Employees Relations Act permits simultaneous voting on the issues of bargaining unit structure and union representation....
...of the Public Employees Relations Act: [N]o unit shall be established or approved for purposes of collective bargaining which includes both professional and nonprofessional employees unless a majority of each group votes for inclusion in such unit. Section 447.307(4), Florida Statutes (1981)....
...denied,
388 So.2d 1110 (Fla. 1980). We reject this contention because PERC did not dismiss the post-election objections on grounds of waiver, but instead considered the substantive issues in its April 6 order. The Hospital contends that PERC misinterpreted section
447.307, Florida Statutes (1981), by requiring the employees to vote on whether they desired union representation before they knew the bargaining unit in which the representation would take place. The provisions of this section pertinent to the issue are as follows:
447.307(3)(a) [I]f the commission finds upon the record of the hearing that the petition is sufficient, it shall immediately: 1....
...Order an election by secret ballot, the cost of said election and any required run-off election to be borne equally by the parties, except as the commission may provide by rule. The commission's order assessing costs of an election may be enforced pursuant to the provisions of this part. 447.307(4) In defining a proposed bargaining unit, the commission shall take into consideration: [H]owever, no unit shall be established or approved for purposes of collective bargaining which includes both professional and non-professional employees unless a majority of each group votes for inclusion in such unit....
...PERC's habit of holding these simultaneous elections does not alone legitimize the practice. Common sense supports the Hospital's position that an employee's vote on the union representation issue is contingent upon the nature of the bargaining unit of which he is a part. Working from this premise, this court interprets section 447.307 to allow an election on the issue of union representation only after a bargaining unit has been established....
...NOTES [1] Under the Act, PERC is responsible for reviewing only the appropriateness of the unit proposed by the employee organization when the employer recognizes the organization and for defining a proposed unit when the employer refuses to recognize the organization. §§ 447.307(1)(a); 447.307(3)(a). However, when a bargaining unit combining professional and non-professional employees is desired, the employees vote on the unit structure. § 447.307(4).
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...pter 447, Florida Statutes, and Commission Rule 8H-2.09 in modifying the agreement between the City and PBA which formed the basis of PBA's petition for certification. The petition of PBA for certification was filed with PERC under Subsection (1) of Section 447.307, Florida Statutes, which provides as follows: "(1) Any employee organization which is designated or selected by a majority of public employees in an appropriate unit as their representative for purposes of collective bargaining shall request recognition by the public employer....
...ive of all employees in the unit." In considering the petition under the above statute, the Commission determines whether or not the unit is appropriate "according to the criteria used in this part" the criteria are set forth in Subsection (4) of Section 447.307 which provides as follows: "(4) In defining a proposed bargaining unit, the commission shall take into consideration: (a) The principles of efficient administration of government....
...ts decisions. However, no unit shall be established or approved for purposes of collective bargaining which includes both professional and nonprofessional employees unless a majority of each group votes for inclusion in such unit." Subsection (1) of Section 447.307 gives no authority to PERC to do other than to certify the employee organization if it finds such organization appropriate or to deny certification....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1998 WL 101352
...I therefore join the judgment of the court reversing and remanding for further proceedings in which "no unit shall be established or approved for purposes of collective bargaining which includes both professional and nonprofessional employees unless a majority of each group votes for inclusion in such unit." § 447.307(4)(h), Fla....
...ers perform for the City of Safety Harbor. The statutory test set out in subsubsection
447.203(13)(a)4., Florida Statutes (1995), was met on this record. IV. I concur in remanding with directions that another election be conducted in conformity with section
447.307(4)(h), Florida Statutes (1995)....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...by the captains and lieutenants. [4] Accordingly, the petition for review is denied. ALDERMAN, C.J., and MAGER and ANSTEAD, JJ., concur. NOTES [1] §
447.203(4). [2] §
447.203(5). [3] There are four volumes of testimony consisting of 932 pages. [4] §
447.307.
CopyCited 4 times | Published | Supreme Court of Florida | 92 L.R.R.M. (BNA) 3458
...ition for certification as bargaining agent for certain employees of the School Board of Marion County. The petition was accompanied by dated authorization cards signed by at least 30% of the employees in the proposed bargaining unit, as required by Section 447.307(2), Florida Statutes *583 (1975)....
...wing ... [and] this determination is both thorough and confidential." The School Board then invoked our jurisdiction, requesting a writ of mandamus directed to the Commission, and we issued our alternative writ. The School Board argues that Sections
447.307(2) and
119.01, Florida Statutes (1975), give employers an absolute right to review authorization cards. Section
447.307(2) provides in relevant part: "Any employee, employers, or employee organization having sufficient reason to believe any of the employee signatures were obtained by collusion, coercion, intimidation, or misrepresentation or are otherw...
...r Board elections in order to *584 screen frivolous petitions and to conserve the Board's resources. [6] This is not a requirement of law [7] and it does not involve "an element in determining whether or not a question of representation exists." [8] Section 447.307, in contrast, embraces more than a rule of administrative convenience in the scheme of public employee collective bargaining....
...which are prohibited from being inspected by the public, whether by general or special law, shall be exempt from the provisions of subsection (1)." [6] See NLRB v. J.I. Case Co.,
201 F.2d 597 (9th Cir.1953). [7] Compare 29 U.S.C. § 159 (1970), with §
447.307(2), Fla....
...The employer's right is premised on its "having sufficient reason" to request verification. [10] The statute does not provide free public access to signature cards, but rather limited access to a narrowly defined class of interested persons. To this extent Section
447.307 (2) may actually operate as an exemption to Section
119.01, as recognized in Section
119.07 (2)(a). In light of the manner in which we have construed Section
447.307(2), we are not required in this proceeding to determine whether or to what extent the public records law has been amended by Chapter 74-100, Laws of Florida....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 112 L.R.R.M. (BNA) 3443
...nce, 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. section 157 (1970). Compare section
447.307, Florida Statutes (1979), with 29 U.S.C....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...a, Local 666, Local 1306, and Local 1240, in a proceeding before PERC in which Florida State Employees Council No. 79, AFSCME, AFL-CIO (hereinafter referred to as AFSCME) sought the conduct of an election within a unit of state employees pursuant to § 447.307(2), Florida Statutes....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 92 L.R.R.M. (BNA) 3162
...Stepping into the breach made by the legislative draftsmen, PERC promulgated Rule 8H-2.10, FAC, which applies solely to instances where the employee organization and the public employer agree as to the appropriateness of the bargaining unit and where the employee organization petitions PERC for certification. See F.S. 447.307(1). [2] Where the public employer refuses to recognize the employee organization, a different procedure is required. (F.S. 447.307(2)) PERC has not formulated the equivalent of 8H-2.10 in situations where a petition is filed pursuant to F.S. 447.307(2), apparently feeling that F.S. 447.307(3) adequately describes the proper procedure....
...447.203(3)(d) implicitly mandates that it do more than merely approve or reject a proposed bargaining unit in considering voluntary recognition petitions. The pertinent statutory provisions fail to support PERC's argument. In unmistakable terms, F.S. 447.307(1) states, "The commission shall review only the appropriateness of the unit proposed by the employee organization....
...eed upon by an employee organization and a public employer. (See City of Titusville v. Florida Public Employee's Relations Commission, et al., Fla.App.1st 1976,
330 So.2d 733, Opinion filed March 26, 1976.) It is helpful to contrast the wording of F.S.
447.307(1) with that of F.S.
447.307(3), *774 which is applicable to non-voluntary certification petitions described in F.S.
447.307(2). [3] According to F.S.
447.307(3)(a)1., once PERC finds that the "petition" is sufficient, it shall immediately define the proposed bargaining unit....
...To the contrary, however, the legislature desired PERC to review "only the appropriateness of the unit proposed by the employee organization," in considering a voluntary recognition petition. PERC claims that illogical and disastrous results will ensue if its authority regarding certification of bargaining units pursuant to 447.307(1) is reduced to either approval or disapproval....
...(See City of Titusville v. Florida Public Employees Relations Commission, supra) The parties may then either incorporate PERC's findings in a new proposed bargaining unit, or if no agreement is possible, may proceed under the election provisions of F.S. 447.307(2) and permit PERC to define the proposed bargaining unit under F.S. 447.307(3)(a)1....
...However, the "managerial/confidential" order dated April 22, 1975 was appealed. We hold that for the reasons herein recited, *775 that order was entered without authority and is therefore reversed. Further, Rule 8H-2.10 exceeds the statutory authority pursuant to which it was purportedly promulgated (F.S. 447.307(1)) and is therefore invalid....
...response to a School Board petition which explicitly sought determination of an essential matter committed to the Commission by §
447.203(3)(d), F.S. 1975. Commission Rule 8H-2.10, Fla.Adm.Code, which advances the purposes of §§
447.203(3)(d) and
447.307(1), and which has survived legislative scrutiny under §
447.607,` [1] is also a casualty of the majority decision....
...ganizations: the public employer and employee organization may agree on the constituency of an employee bargaining unit and on the organization's representation, whereupon the Commission "review[s] only the appropriateness of the unit proposed ...," § 447.307(1), F.S.; or, absent voluntary recognition, an employee organization having requisite support of employees in the proposed unit may petition the Commission to define the unit, identify the public employer and order an election, § 447.307(2), (3)....
...In considering the appropriateness of a proposed bargaining unit described in a petition for certification, whether the employer has voluntarily recognized an organization or not, the Commission's duty is to evaluate the proposed unit by criteria listed in § 447.307(4), F.S., which include principles of efficient administration, the number of representatives and bargaining units with which the employer might have to negotiate, the community of interest among employees in the proposed unit, and the like....
...ruck by particular employers and employee organizations. [3] We have held that the Commission cannot unilaterally reconstitute the membership of a proposed unit when a petition for certification follows voluntary recognition of an organization under § 447.307(1); City of Titusville v....
...The Commission may either disapprove the proposed unit, if it is fundamentally unacceptable, or notify the parties wherein the unit is inappropriately defined and await an amended submission after notice to affected employees. [4] See McGuire, supra n. 3, 1 FSU L.Rev. at 69, n. 213. Thus, although § 447.307(1) protects the integrity of voluntary agreements, the Commission retains power to define, directly or indirectly, all bargaining units....
...It is inevitable that any Commission investigation of the appropriateness of a proposed unit will inquire whether employees have been included in the unit despite their conflicts of interest with others and whether employees have been excluded notwithstanding *777 their community of interest with those included. Sec. 447.307(4)(c), (f), F.S....
...vely rather than classified managerial or confidential. As the majority indicate, the Commission acted irregularly when it unilaterally *778 placed in the proposed unit five employee classifications for which the Board sought managerial status. Sec. 447.307(1), F.S....
...If the unit is appropriate according to the criteria used in this part, the commission shall immediately certify the employee organization as the exclusive representative of all the employees in the unit." [3] While there is no express provision in F.S. 447.307(3) stating that its provisions apply exclusively to F.S. 447.307(2), the sections detailing the method of election of an employee organization clearly indicate that 447.307(3) does exclusively apply to F.S. 447.307(2)....
...nit for which recognition is being granted." Rules 8H-2.03,
2.04, Fla.Adm.Code. If the constituency of the proposed bargaining unit is changed to meet Commission objections, recompliance with these notice requirements would seem necessary. [5] While §
447.307(4)(a) and (b) discourage fragmentation of an employee force by proliferating bargaining units, the Act plainly recognizes that communities of interest may require more than one bargaining unit for a single employer. Sec.
447.307(4) forbids, except by mutual consent, the marriage in a single unit of professional and nonprofessional employees.
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...Public Records Act. However, authorization cards are not subject to the free access provisions of the Public Records Act. United Faculty of Florida FEA/United v. Branson,
350 So.2d 489 (Fla. 1st DCA 1977). Access to authorization cards is limited by Section
447.307(2), and an employer, employee or employee organization is not allowed to inspect the cards unless one of the grounds specified in that subsection is alleged, in good faith, by the employer, employee or employee organization....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...r its unilateral alteration of the status quo during the pendency of collective bargaining negotiations. Refusal to Bargain During Pendency of Decertification Petition. PBA was certified by PERC as the exclusive bargaining agent on December 2, 1976. § 447.307(1)(a), Florida Statutes (1975)....
...termination of the wages, hours, and terms and conditions of the employment of the public employees within the bargaining unit. [Emphasis supplied]. In Palm Beach Junior College, 4 FPER 4069, supra, PERC stated: Under the statutory plan set forth in Section 447.307, Florida Statutes, the rights attendant to exclusive collective bargaining representative status and the corresponding duty to bargain collectively arise upon formal certification by the Commission....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 93 L.R.R.M. (BNA) 2409
...nit a broader class of blue-collar transit workers. PERC granted Amalgamated and each of the other unions leave to present "interest statements" indicating that its representation was desired by 30 percent of the employees in the proposed unit. Sec. 447.307(2), F.S....
...was final agency action authorizing judicial review under §
120.68(1), F.S. 1975, petitions for review of that order. Amalgamated asserts that PERC, in broadly defining the bargaining unit, misapplied the criteria for bargaining units set forth in §
447.307(4), F.S....
...nly to the interests of the public employer. We there held that final agency action in such disputes occurs after an election, when PERC certifies the bargaining agent, and that the employer then and only then acquires a right of judicial review. Secs.
447.307,
120.68(1), F.S....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 2726, 1992 WL 51246
...Although PERC found that the PBA’s petition was deficient and denied the request to enlarge the existing collective bargaining unit through that procedure, the order permitted the denied petition to be reconsidered as a representation certification petition. This type of petition is provided for by statute under section 447.307, but contains a contract bar provision: No petition may be filed seeking an election in any appropriate bargaining unit to determine the exclusive bargaining agent if a representation election has been conducted within the preceding 12-month period....
...The effective date of a collective bargaining agreement means the date of ratification by both parties, if the agreement becomes effective immediately or retroactively; or its actual effective date, if the agreement becomes effective after its ratification date. [Emphasis added.] Section 447.307(3)(d), Fla.Stat....
...The unit clarification process, established by PERC under the administrative rule, is available for positions newly created or excluded from the original unit by inadvertence or mistake. The second way is through the statutorily authorized method contained in section 447.307....
...The latter is a complex procedure during which PERC determines the appropriateness of the unit. If a sufficient showing of employee interest exists, PERC would order an election where the members of the proposed unit vote on whether to be represented by collective bargaining. Orlando argues that the time limitations of section 447.307(3)(d), provide important safeguards to the stability and predictability of the collective bargaining process....
...4th DCA 1976), the court held that Part II of Chapter 447, which establishes guidelines governing collective bargaining by public employees, was intended to provide the exclusive method for resolving labor disputes between public employees and employers. Section 447.307(3)(d) contains specific time periods when the representation certification pétition may be filed and section 447.307(3)(a) sets forth PERC authority upon the filing of such a petition....
...and afford them the opportunity to present their objections; the purpose of notice is to apprise of and permit adequate preparation for an impending hearing). In summary, the PBA filed a unit clarification petition under a rule promulgated by PERC. Section 447.307(3)(d) provides limited time periods when a representation certification petition may be filed....
...A the authority to convert the unit clarification petition into a representation certification petition. There is no statutory, case law, or agency rule which would authorize this procedure which was intended to avoid the strict time requirements of section 447.307(3)(d)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2006 WL 3780853
...irm. On April 1, 2005, Local 4396 filed with the Commission a representation-certification petition ("petition") seeking to represent a defined bargaining unit of employees employed by the City. [1] In support of the petition, and in accordance with section 447.307(2), Florida Statutes (2005), Local 4396 submitted, along with the petition, dated interest statements signed by at least thirty percent of the employees in the proposed unit, reflecting their desire to be represented for purposes of collective bargaining by Local 4396....
...2005 order. The City properly filed the instant appeal pursuant to sections
120.68 and
447.504, Florida Statutes, as a Commission order certifying a collective bargaining unit is a final agency action reviewable by the district courts of appeal. See §
447.307(3)(b), Fla....
...nt substantial evidence to support the determination"). *1190 The Commission has the authority to certify a petitioning bargaining agent for a proposed bargaining unit as long as the bargaining agent complies with certain statutory requirements. See § 447.307, Fla. Stat. (2005). The Commission must, therefore, determine if the petition meets the statutory requirements prior to issuing its final order of certification. § 447.307(3), Fla....
...A petitioning bargaining agent must submit, with its certification petition, dated statements signed by at least thirty percent of the employees in the proposed unit indicating their desire to be represented by the petitioning bargaining agent for purposes of collective bargaining. § 447.307(2), Fla....
CopyPublished | Florida 4th District Court of Appeal | 1996 Fla. App. LEXIS 11145
regarding bargaining unit overfrag-mentation. See §
447.307(4), Fla. Stat. (1993); Fla. Admin. Code Rule 38D-17
CopyPublished | Florida 5th District Court of Appeal
...PERC found that the part-time firemen were not properly within the bargaining unit due to a lack of a community of interest. The city contends that this finding is not supported by the record because PERC failed to consider seven criteria delineated in section 447.307(4), Florida Statutes (1977)....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2150, 1986 Fla. App. LEXIS 10130
...f all of PSTA’s present blue collar employees — a countywide bargaining unit. PERC thus ordered that a secret ballot election be held in the countywide unit. ATU filed exceptions to the proposed order, arguing that the “contract bar rule” of section 447.307(3)(d) precludes an immediate election in this case. In response to that exception in its final order, PERC construed the statute in pari materia with the remainder of chapter 447 as well as article I, section 6, Florida Constitution. PERC concluded that a literal reading of section 447.307(3)(d) is untenable in the instant situation and that the contract bar applies only when the unit in question remains appropriate....
...PERC noted that when faced with a similar situation, the National Labor Relations *668 Board refused to apply the contract bar doctrine. Martin-Marietta Chemicals, 270 NLRB No. 114 (1984). PERC further explained that its unit appropriateness decision was reached after considering all of the section 447.307(4) criteria and rule 38D-17.22, Florida Administrative Code. We agree with PERC’s refusal to apply the contract bar doctrine in the instant case. Section 447.307(3)(d) provides: No petition may be filed seeking an election in any appropriate bargaining unit to determine the exclusive bargaining agent if a representation election has been conducted within the preceding 12-month period....
...PERC’s view that when a bargaining unit is no longer appropriate, due, for example, to a merger, application of the contract bar doctrine would be indefensible. Compare Martin-Marietta. That view is bolstered by other statutory provisions, such as 447.307(2), which provides: If the public employer refuses to recognize the employee organization, the employee organization may file a petition with the commission for certification as the bargaining agent for a proposed bargaining unit....
...tent substantial evidence in the record and is within the discretion accorded PERC by law. As Florida appellate courts have historically found, we afford PERC substantial deference in its application of the unit appropriateness criteria set forth in section 447.307(4)....
...1st DCA 1983). Having validly found that the two separate units within the PSTA organization would be improper, PERC was correct in determining that a new election was necessary to establish a single appropriate bargaining unit and the provisions of section 447.307(3)(d) are not under these circumstances a bar to that determination....
...Thus, ATU was validly joined as an appropriate party. The record further shows that throughout the proceedings, ATU was given adequate notice and the opportunity to be heard as to each question litigated. Considering the provisions of sections 447.-207(6) and 447.307(2), as well as other provisions of chapter 447, PERC acted within its powers in resolving all of the issues which arose from the section 447.307 proceedings before it....
...120.53, Florida Statutes. Section 447.-207(6) exempts from the definition of a rule “any commission statement of general applicability that implements, interprets, or prescribes law or policy, made in the course of adjudicating a case pursuant to section
447.307 or
447.503....” *669 Having thoroughly considered all of the arguments made by the parties, some of which have not been discussed herein, we find no reversible error in the proceedings below and therefore the two orders on appeal are affirmed....
CopyPublished | District Court of Appeal of Florida | 99 L.R.R.M. (BNA) 3440, 1978 Fla. App. LEXIS 17047
...g agent and presented authorization cards to him which it represented were signed by a majority of the employees. Muse refused to recognize the union. Before a certification petition was filed by the employee organization with PERC, as authorized by Section 447.307(2), Muse, on January 27, 1975, sent the following letter to all employees: TODAY Newspaper 1 — 27—75 “UNION TURNS SOUR” “25 to 30 UNION MEMBERS TURN IN RESIGNATIONS” PRESENT UNION MEMBER — “I’M FOR A UNION, BUT I’M...
CopyPublished | Florida 3rd District Court of Appeal | 8 Educ. L. Rep. 898, 1982 Fla. App. LEXIS 22233
principal of exclusive representation embodied in Section
447.307(3)(b), Florida Statutes (1979), which provides
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1217, 1989 Fla. App. LEXIS 2712, 1989 WL 50257
...e resulting secret ballot election. §
447.308, Fla.Stat. (1987). (2) a rival employee organization files a representation petition supported by 30% of the employees in the bargaining unit and the certified organization loses the resulting election. §
447.307, Fla....
CopyPublished | Florida 1st District Court of Appeal | 1980 Fla. App. LEXIS 16288
rank and file firefighters. PERC is mandated by § 447.-307(l)(a), F.S., to determine the appropriateness
CopyPublished | District Court of Appeal of Florida | 92 L.R.R.M. (BNA) 3712, 1976 Fla. App. LEXIS 14507
PER CURIAM. On April 30, 1976, the Florida Public Employees Relations Commission (PERC) entered an order (76E-945) which provided: “1. Pursuant to Fla.Stat. Section 447.307(3) (a)(1) (1975) and Section 8H-3.25 of the Commission Rules and Regulations, the Commission ORDERS that an election by secret ballot be held within 45 days for the following unit: INCLUDED: All eligible employees in the facilities, t...
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1517, 1986 Fla. App. LEXIS 8752
...rn workers from units of sworn officers, but which had more recently included nonsworn dispatchers, based upon an “interdependence of jobs,” Sarasota County PBA v. City of Bradenton, infra. In receding from that recent precedent, PERC noted that section 447.307(4), Florida Statutes, 1 lists various *591 other criteria which should also be considered....
...The order announced that a full consideration of the governing statutory factors establishes that the nonswom communications classifications in the present case are inappropriate for inclusion in the existing unit of sworn police officers. The representation-certification petition was therefore dismissed. Section 447.307(4), Florida Statutes, lists various criteria for PERC’s consideration in defining proposed bargaining units; among these criteria is a “community of interest” predicated upon a further consideration of five express statutory factors....
...But the appealed order referenced prior decisional history and expressly addressed the Sarasota County ruling, indicating that it had placed excessive emphasis upon the “interdependence of job duties.” Characterizing this factor as “only one of several,” PERC noted that section 447.307(4) requires consideration of other factors, particularly the “community of interest” criteria contained in section 447.307(4)(f)....
...ning statutory factors....” PERC’s explication of its reasoning in this regard satisfies the duty imposed by Florida Cities, McDonald, and section
120.68(12)(c), Florida Statutes. The order appealed is affirmed. MILLS and NIMMONS, JJ., concur. . Section
447.307(4), Florida Statutes, provides that: In defining a proposed bargaining unit, the Commission shall take into consideration: [[Image here]] *591 id) Community of interest among the employees to be included in the unit, considering: 1....
CopyPublished | District Court of Appeal of Florida | 97 L.R.R.M. (BNA) 2695, 1978 Fla. App. LEXIS 14897
...We agree with the School Board that the chairman of PERC had no authority to act by himself in the issuance of an order of certification. Part II of Chapter 447 refers only to an order of certification as being issued by the Public Employees Relations Commission. Section 447.307, Florida Statutes (1975)....
CopyPublished | District Court of Appeal of Florida | 94 L.R.R.M. (BNA) 2649, 1977 Fla. App. LEXIS 15150
requested recognition by the Board as required by Section
447.307(1), Florida Statutes, nor been refused recognition
CopyPublished | District Court of Appeal of Florida | 161 L.R.R.M. (BNA) 3183, 1999 Fla. App. LEXIS 10581, 1999 WL 569617
...Code ,Rule 28-106.106. We affirm, because section
447.609, Florida Statutes (1997), obviates the need for such qualification, as Heard is an officer of an employee organization. This is a case of first impression. JET is seeking authorization under section
447.307, Florida Statutes (1997), to represent employees of the City of Jacksonville before the Public Employees Relations Commission (PERC)....
CopyPublished | District Court of Appeal of Florida | 93 L.R.R.M. (BNA) 2406, 1976 Fla. App. LEXIS 15333
...a, Local 666, Local 1306, and Local 1240, in a proceeding before PERC in which Florida State Employees Council No. 79, AFSCME, AFL-CIO (hereinafter referred to as AFSCME) sought the conduct of an election within a unit of state employees pursuant to § 447.307(2), Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19711
...favor of “no organization.” PERC subsequently verified the results and dismissed the representation petition, informing the parties that no future petition for an election in the unit could be filed until twelve months from October 29, 1981. See § 447.307(3)(d), Fla.Stat....
