118 So. 3d 885
Fla. Dist. Ct. App.2013Background
- Union represents officers of City police department; CBA covered Oct 1, 2007–Sept 30, 2010.
- Negotiations for a successor agreement began spring 2010; Union refused wage/pension modifications.
- City declared financial urgency on July 28, 2010 and invoked section 447.4095 to implement changes.
- Union did not request bargaining over impact of the urgency; impasse resolution process not pursued for urgency.
- City announced unilateral CBA changes on Aug 31, 2010 addressing wages and retirement benefits; several changes implemented Sept 30–Oct 1, 2010.
- Union filed ULP with PERC Sept 21, 2010; hearing held with evidence of City’s dire finances and high labor costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether City properly invoked 447.4095. | Headley asserts misapplication of financial urgency statute. | Headley contends City acted with financial urgency justifying modification. | Yes; City properly invoked 447.4095. |
| Whether impact bargaining allowed unilateral CBA changes without impasse process. | Union argues impasse process under 447.403 required before modification. | City contends 447.4095 permits impact bargaining and immediate implementation after 14 days. | Yes; impact bargaining allowed unilateral changes without completing impasse. |
Key Cases Cited
- Chiles v. United Faculty of Florida, 615 So.2d 671 (Fla. 1993) (compelling state interest and no other reasonable alternatives required)
- Manatee Educ. Ass’n v. Sch. Bd. of Manatee Cnty., 62 So.3d 1176 (Fla. 1st DCA 2011) (financial urgency standards; review of urgency; defers to PERC)
- City of Miami v. Fraternal Order of Police, Miami Lodge 20, 98 So.3d 1236 (Fla. 3d DCA 2012) (affirming ability to declare financial urgency; injunctive context)
- Dep’t of Admin. v. Pub. Empls. Relations Comm’n, 443 So.2d 258 (Fla. 1st DCA 1983) (need for narrow construction of statutes impacting collective bargaining)
- Commc’ns Workers of Am. v. Indian River Cnty. Sch. Bd., 888 So.2d 96 (Fla. 4th DCA 2004) (impact of financial urgency on solvency and essential services)
- United Faculty of Fla. v. Pub. Emps. Relations Comm’n, 898 So.2d 96 (Fla. 1st DCA 2005) (PERC deference in interpreting chapter 447)