62 So. 3d 1176
Fla. Dist. Ct. App.2011Background
- The Manatee Education Association (union) sued the School Board of Manatee County for unfair labor practices arising from the Board’s use of section 447.4095 to modify a 2007-2010 collective bargaining agreement (CBA).
- The CBA provided automatic annual step increases and a yearly reopeners clause for compensation issues.
- In May 2008 the Board declared a financial urgency under 447.4095 to modify the CBA due to funding concerns and began negotiations limited to 14 days.
- The union refused to participate in the 447.4095 process but proposed to bargain the impact through the CBA’s reopeners; the Board proceeded unilaterally and declared impasse.
- PERC ultimately dismissed the union’s unfair labor practice charge, leading the court to review de novo and remand for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a financial urgency must be proven before invoking 447.4095 | Union argues urgency must be proven; section 447.4095 requires compelling need | Board argues no preproof is required; 447.4095 aims to expedite negotiations | Not required to prove urgency preemptively |
| Whether the union waived its right to challenge the urgency by not negotiating under 447.4095 | Union did not waive rights by declining participation | Board and PERC treated lack of participation as waiver | Waiver claim improper; remand to determine actual urgency existence |
| Whether PERC could adjudicate the existence of financial urgency as part of the 447.4095 process | PERC should determine urgency; otherwise challenges are foreclosed | PERC can proceed with 447.4095 process without prior urgency adjudication | PERC erred in holding waiver; must allow challenge to urgency on remand |
Key Cases Cited
- Sch. Bd. of Polk Cnty. v. Polk Educ. Ass'n, Inc., 480 So.2d 1360 (Fla. 1st DCA 1985) (constitutional protection of collective bargaining rights)
- Chiles v. State Emps. Attorneys Guild, 714 So.2d 502 (Fla. 1st DCA 1998) (right to bargain collective similar to private employees; limitations apply)
- City of Tallahassee v. Pub. Emps. Rel. Comm'n, 410 So.2d 487 (Fla. 1981) (public employees' right to bargain; statutory framework)
- Fla. Pub. Emps. Council 79, AFSCME v. State, 921 So.2d 676 (Fla. 1st DCA 2006) (agency interpretations of statute may lose deference when plain meaning is clear)
- Doyle v. Dep't of Bus. Reg., 794 So.2d 686 (Fla. 1st DCA 2001) (agency interpretation of a statute typically accorded deference)
- Colbert v. Dep't of Health, 890 So.2d 1166 (Fla. 1st DCA 2004) (statutory interpretation limits for agency rulings)