133 So. 3d 1042
Fla. Dist. Ct. App.2014Background
- Union represents non-managerial firefighters in a City; CBA from Oct 1, 2009 to Sept 30, 2012.
- City faced FY2011 shortfall (~$8.6M) and FY2012 shortfall (~$25M) in general fund revenues.
- May 18, 2011 City declared financial urgency for FY2011 and FY2012; budget/millage not finalized.
- June 3, 2011 bargaining over FY2011 impact; City proposed wage/overtime/workweek changes; Union proposed layoffs/tax measures.
- City declared impasse on June 10, 2011 and unilaterally imposed proposed FY2011 changes on June 13, 2011; PERC appointed a special magistrate; Union refused to participate.
- Proceedings before PERC: Union alleged ULPs (financial urgency nonexistence, impasse participation, bad-faith bargaining) and constitutionality of § 447.4095; PERC adopted hearing officer findings; PERC held urgency existed and that impasse procedures were not required prior to modification; this appeal challenges constitutional application and seeks reversal and remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 447.4095 as applied violates union rights | Union argues as-applied, not facial, violates bargaining and contract rights. | Hollywood contends statute properly allows limitations to address financial urgency with impasse procedures, | Yes, as-applied violation need not be addressed here; Court reverses on constitutional standard and remands for Chiles analysis |
| Whether PERC correctly allowed unilateral CBA modification | Unilateral changes undermine bargaining rights. | Urges necessity due to financial urgency and impasse procedures under §447.403. | Reversed; remanded to apply Chiles standard to determine ULP outcomes |
| What standard applies to Chiles in §447.4095 context | First District’s modified Chiles standard extends non-constitutional limits. | Limitations should be consistent with Chiles; funds availability from no other source required. | Court adopts Chiles standard; rejects First District’s more permissive approach |
Key Cases Cited
- Chiles v. United Faculty of Florida, 615 So.2d 671 (Fla. 1993) (legislature may alter contracts under compelling state interest; must show no other reasonable source)
- Commc’ns Workers of Am. v. Indian River Cnty. Sch. Bd., 888 So.2d 96 (Fla. 4th DCA 2004) (unilateral changes in terms are unfair labor practices absent lawful authorization)
- Headley v. City of Miami, 118 So.3d 885 (Fla. 1st DCA 2013) (defined financial urgency and adopted modified test; conflict with this decision)
- Hoffman v. Jones, 280 So.2d 431 (Fla. 1978) (district courts cannot overrule supreme court precedent)