CopyCited 17 times | Published | Supreme Court of Florida | 1988 WL 23406
...This statute clearly provides that collective bargaining agreements do not become effective unless and until the appropriate governmental body makes the necessary amendments. It is upon this statute that the Board and the Authority heavily rely. Taking the contrary position GEA, PBA, and PERC argue that section 447.601, Florida Statutes (1985), resolves any conflict between the agreement and civil service rules....
...r rules, the bargaining contract must prevail. The result obtained under their interpretation of section
447.309(3) is opposite the result urged by the Authority, the Board, and the second district under their interpretation of this section. Because section
447.601 is ambiguous the conflict addressed is unclear....
...hether the rules will be amended. While this discretion is not express, it is clear from the words "unless and until" that the Board has the power to decline proposed amendment changes. While section
447.309(3) clearly applies, it is unclear whether section
447.601 applies to this case....
...collective bargaining agreements and civil service rules. The legislative history of this statute is equally ambiguous on the question of whether it should apply to this *362 particular type of conflict. Accordingly, we must reject the argument that section 447.601 controls this conflict....
CopyCited 9 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 28
...cept as otherwise provided by law. " (Emphasis added). While this provision does not expressly mention the creation of civil service systems by ordinance, the authority to creat such a system is inherent within this broad grant of power. [2] Indeed, section 447.601, Florida Statutes (1981), expressly recognizes the existence of locally created civil service mechanisms when it sets out priorities in cases of conflict such as the case at bar. Section 447.601 provides in part that the provisions of chapter 447, part II, "shall not be construed to repeal, amend, or modify the provisions of any law or ordinance establishing a merit or civil service system for public employees ......
...nces... shall not apply... ." Accordingly, while the city has the authority to enact civil service ordinances, state statutes will take precedence over such ordinances where specific conflicts arise. This priority system is expressly set out in both section 447.601 and article VIII, *340 section 2(b), the source of the municipality's power to enact the ordinance in the first place....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 9 Educ. L. Rep. 789
...It is our view that Section
447.309(3) was ... never intended to operate as a wholesale impediment to collective bargaining, especially bargaining about such basic matters as wages and hours. This interpretation of Section
447.309(3) is further supported when it is read in pari materia with Section
447.601,[ [5] ] Florida Statutes (1979)....
...conflicting provision in any future collective bargaining agreement." The Coalition was not a party to the petition for declaratory judgment filed in the Circuit Court. [4] The Coalition subsequently agreed to accept the salary schedule currently in effect for other classified employees. [5] Section 447.601, Florida Statutes, reads as follows: 447.601 Merit or civil service system: applicability....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...tion 14, can reasonably be construed to deny the collective bargaining protections sought by the appellant in the case at bar which protections are guaranteed under Article I, Section 6. Although neither the City nor PERC has relied upon or cited to Section 447.601, Florida Statutes (1981), we point out that we have considered its possible application and find that it does not conflict with our holding or analysis. That section provides: 447.601 Merit or civil service system; applicability....
...tence of its civil service ordinance provisions entitles the City to insist upon the exclusion *1131 of demotion and discharge from the contract's grievance provision is in conflict with a proper construction of Chapter 447. Indeed, if the effect of Section 447.601 were other than as we have suggested, we would perhaps then be confronted with a conflict between that section and Article I, Section 6....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...The Escambia opinion agreed with PERC's statement in that case that the argument was "facially very appealing" that section
447.309(3) resolves any conflict between a collective bargaining agreement and civil service rules and regulations.
426 So.2d at 1019. Escambia, however, relied upon section
447.601 which provides Merit or civil service system; applicability The provisions of this part shall not be construed to repeal, amend, or modify the provisions of any law or ordinance establishing a merit or civil service system for publ...
...m 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 s.
447.301(4). In light of section
447.601, Escambia adopted the argument of PERC in that case that "[i]t seems clear from a reading *507 of both statutes that Section
447.309(3) must be read as contemplating conflicts between collective bargaining agreements and laws or regul...
...lative sphere, to harmonize collective bargaining agreements with civil service laws and regulations. At the same time, as further explained below, we also do not reach the aspect dealt with in Escambia which apparently involved whether, in light of section
447.601 dealing specifically with civil service rules and regulations, section
447.309(3), which only refers to "any law, ordinance, rule, or regulation," is intended to express that policy. Escambia does not refer to Pinellas, nor does Pinellas refer to section
447.601 on which Escambia relied. Nor does Escambia refer to other differences in the wording of sections
447.309(3) and
447.601. For example, section
447.309(3) refers to a " provision of a collective bargaining agreement ... in conflict with any law, ordinance, rule, or regulation... ." (emphasis added), whereas section
447.601 refers to a conflict between "the provisions of any law or ordinance establishing a merit or civil service system" and "the provisions of this part" (emphasis added), to wit, the provisions of the Public Employees Relations Act....
CopyPublished | Florida 4th District Court of Appeal | 1979 Fla. App. LEXIS 16103
service system in respect to representation, see section 447.-601, because PERA does not purport to control
CopyPublished | District Court of Appeal of Florida | 121 L.R.R.M. (BNA) 3265, 11 Fla. L. Weekly 273, 1986 Fla. App. LEXIS 6033
...The Escambia opinion agreed with PERC’s statement in that case that the argument was “facially very appealing” that section
447.309(3) resolves any conflict between a collective bargaining agreement and civil service rules and regulations.
426 So.2d at 1019 . Escambia, however, relied upon section
447.601 which provides Merit or civil service system; applicability — The provisions of this part shall not be construed to repeal, amend, or modify the provisions of any law or ordinance establishing a merit or civil service system for pub...
...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 s. 447.-301(4). In light of section
447.601, Escambia adopted the argument of PERC in that case that “[i]t seems clear from a reading *507 of both statutes that Section
447.309(3) must be read as contemplating conflicts between collective bargaining agreements and laws or reg...
...lative sphere, to harmonize collective bargaining agreements with civil service laws and regulations. At the same time, as further explained below, we also do not reach the aspect dealt with in Escambia which apparently involved whether, in light of section
447.601 dealing specifically with civil service rules and regulations, section
447.309(3), which only refers to “any law, ordinance, rule, or regulation,” is intended to express that policy. Escambia does not refer to Pinellas, nor does Pinellas refer to section 447.6Ó1 on which Escambia relied. Nor does Escambia refer to other differences in the wording of sections 447.-309(3) and
447.601. For example, section
447.309(3) refers to a “provision of a collective bargaining agreement ... in conflict with any law, ordinance, rule, or regu-lation_” (emphasis added), whereas section
447.601 refers to a conflict between “the provisions of any law or ordinance establishing a merit or civil service system” and “the provisions of this part ” (emphasis added), to wit, the provisions of the Public Employees Relations Act....
CopyPublished | Court of Appeals for the Eleventh Circuit | 125 L.R.R.M. (BNA) 2176, 1987 U.S. App. LEXIS 5332
...und. The very terms of the Civil Service Rules direct the calculation for the payout to be made at the employee’s last rate of pay. However, FOP ignores completely the conflict between this result and that provided vis-a-vis the impasse procedure. Section 447.601, Florida Statutes, expressly resolves any conflict between a local civil service law and the statutory impasse procedure in favor of the state statute....
