CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...work. They subsequently entered into a stipulated order regarding their discipline which is not here appealed. II In determining whether the PBA had supported the Homestead police officers' strike and had thereby violated sections
447.501(2)(e) and
447.505, Florida Statutes (1979), [1] the hearing officer applied common-law principles of agency....
...mbers are prohibited from: ... . Participating in a strike against the public employer by instigating or supporting, in any positive manner, a strike. Any violation of this paragraph shall subject the violator to the penalties provided in this part. Section 447.505, Florida Statutes (1979), provides: "No public employee or employee organization may participate in a strike against a public employer by instigating or supporting, in any manner, a strike....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...ns Commission (hereinafter referred to as PERC) entered on November 10, 1975, as modified by order of November 17, 1975. The issues in both actions are the same: (1) Does PERC have authority under §
447.507, Florida Statutes to enforce or implement Section
447.505 in the absence of an unfair labor practice charge having been lodged with it which alleges a violation of §
447.501(2)(a), Florida Statutes? (2) If the answer to "(1)" above is in the affirmative, may PERC act to enforce or implement...
...adopted specific rules governing the procedure for such? The trial court and PERC both ruled in the affirmative as to both of the above points. These actions before this court arose out of an alleged strike of Broward County Teachers in violation of § 447.505, Florida Statutes....
...447.207(6) to investigate charges of striking by public employees and that under F.S.
447.507(6)(a) the said defendant has the power and duty to investigate and determine whether or not an employee organization, as defined in the statutes, has violated F.S.
447.505, prohibiting an employee organization from participating in a strike against a public employer....
...447.507(6)(a)." PERC in its order from which review is sought ruled as follows: "Having heard the arguments of counsel, the Commission finds that Section
447.507, *344 Florida Statutes (Supp. 1974) grants authority to the Commission to initiate proceedings sua sponte both to enjoin violations of Section
447.505 through Section
447.507(2) or, after appropriate hearing on notice, to impose sanctions as provided in Section
447.507(5) and (6)(a). * * * Section
447.505, which expressly and independently of the Unfair Labor Practice provisions prohibits strikes by public employees, evidences a legislative intent that the Commission should take appropriate action whenever public employees or any employee organization violates Section
447.505. In support of this conclusion, the Commission notes that Section
447.507 provides specific and independent remedies and sanctions for violations of Section
447.505. We conclude that Sections
447.505 and .507 authorize the Commission to take appropriate action, as specified, to prevent strikes, notwithstanding the public employer's failure to invoke the provisions and protection of the Unfair Labor Practice provisions of the statute....
...In this case, no charge has been filed by the public employer alleging a violation of Section
447.501(2)(e). Consequently, in order to effectuate the purposes of the Public Employees Relations Act and Article I, Section 5, of the Florida Constitution, the Commission must act pursuant to Sections
447.505 and
447.507(6)....
...We must look not only to §
447.501 and §
447.503 for answer to this question, however. In addition to listing a strike as an unfair labor practice in §
447.507, the legislature, in implementing the above quoted provision of the Constitution, has included in this chapter *345 a specific statute, §
447.505 which provides: " Strikes prohibited....
...the various remedies for dealing with a strike and subsection (5) thereof provides in pertinent part: "If the commission, after a hearing on notice conducted according to rules promulgated by the commission, determines that an employee has violated section 447.505, Florida Statutes it may ..." and subsection (6)(a) thereof provides in pertinent part: "If the commission determines that an employee organization has violated section 447.505, Florida Statutes it may ..." The statute also specifies the sanctions that may be imposed upon such an employee or an employee organization which has violated Section 447.505....
