American Federation of State v. Miami-Dade County Public Schools
2012 Fla. App. LEXIS 12356
| Fla. Dist. Ct. App. | 2012Background
- The Union filed a grievance under the CBA over wages based on the salary schedules attached to the CBA.
- The School Board contended the paid salaries diverged from the negotiated schedule due to a mutual mistake.
- Arbitrator reformed the incorrect schedule to reflect the parties’ true intent, finding mutual mistake.
- The Union sought to vacate the award, arguing the arbitrator exceeded his contractual authority by reforming the agreement.
- The trial court vacated the award but then granted a rehearing and confirmed the award.
- The issue on appeal is whether reformation for mutual mistake constitutes a modification prohibited by the no-modification clause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does reformation for mutual mistake modify the CBA? | Union argues reformation amends the contract, exceeding authority. | School Board argues reformation aligns with the parties’ true intent and is not a modification. | Not a modification; reformation reflects the true agreement. |
Key Cases Cited
- Providence Square Ass’n. v. Biancardi, 507 So.2d 1366 (Fla. 1987) (reformation to reflect true terms; mutual mistake remedy)
- Biancardi, 507 So.2d 1369 (Fla. 1987) (reformation does not alter the actual agreement)
- Kolski v. Kolski, 731 So.2d 169 (Fla. 3d DCA 1999) (reformation corrects writing, not the agreement)
- Smith v. Caravasios, 118 So. 10 (Fla. 1928) (historical basis for reforming to reflect true terms)
- Donovan Indus., Inc. v. Fed. Ins. Co., 75 So.3d 812 (Fla. 2d DCA 2011) (mutual mistake supports reformation)