LOCAL UNION # 2135, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, APPELLANT,
v.
CITY OF OCALA, APPELLEE
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The court held that the Public Employees Relations Commission Act preempted jurisdiction over the labor dispute, thus the trial court correctly denied the union's application to compel arbitration.
[1] A collective bargaining agreement's automatic renewal clause may require modification notice at least 120 days prior to the anniversary date.
[2] Unresolved issues arising from negotiations for a renewed collective bargaining agreement may be subject to arbitration under state law.
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Join FLexlaw to unlock all legal intelligenceA union and a city were in dispute over terms for renewing their collective bargaining agreement. The union declared an impasse and requested a specia…
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MELVIN, Judge.
The appellant, Local Union # 2135, International Association of Firefighters, has perfected its appeal from an order entered by the Circuit Court of Marion County, Florida, that denied its application for an order to compel arbitration of unresolved issues pending between the City of Ocala and said Union, said arbitration of issues to be conducted under the Arbitration Statute of the State of Florida.
The City of Ocala and the Union entered into a collective bargaining agreement effective October 1, 1976, to continue in full force and effect through September 30, 1977. Such agreement contained the following provisions:
“. . It [the agreement] shall be renewed automatically from year to year thereafter, unless either party shall have notified the other in writing at least one hundred twenty (120) days prior to the anniversary date that such party desires to modify the Agreement. This notice will contain the section or sections the requesting party wished to modify or add. All other sections will remain in effect. In the event that such notices are given, negotiations shall begin no later than one hundred ten (110) days prior to the anniversary date. At the end of thirty (30) days of negotiation, any unresolved issues shall be submitted to arbitration in accordance with State Law.” (Emphasis added)
The City and the Union were not in agreement as to the matters to be included in the renewal contract. On August 25, 1977, the City took the position that the parties were in a deadlock in negotiations because, so the City contended, the Union had refused to discuss with the City its proposals. The City concluded and charged that the Union thus had bargained in bad faith.
On October 15, 1977, the President of the Union communicated with the Public Employees Relations Commission and in such communication declared that the parties were at impasse and requested the Commission to appoint a special master.
Section 447.403, Florida Statutes (1977).
Pursuant to such request and the statute referred to, the Commission appointed a special master. The special master did not meet with the parties, however, because the proceedings were stayed pending resolution of the City’s unfair labor practice charge. Thereafter, the Union filed in the Circuit Court of Marion County its application for appointment of an arbitrator and application for an order compelling arbitration. These applications were filed pursuant to Chapter 682, Florida Statutes (1977).
On January 11, 1978, the Union filed its motion with the Public Employees Relations Commission to stay the special master’s proceedings pending the resolution of its application for appointment of an arbitrator by the Circuit Court.
On January 24, 1978, the Public Employees Relations Commission entered its order denying the Union’s motion. Thereafter, the City filed in the Circuit Court its motion to dismiss the Union’s application for appointment of an arbitrator and application for an order compelling arbitration. This motion by the City was granted on May 11, 1978.
We here note that the court is at grips with a union-city disagreement relating to a governmental as distinguished from propriety function.
In its order dismissing the petition with prejudice, the court made several adjudications, but it will only be necessary that this court deal with one, such being dispositive of the issue before this court.
The trial court held that jurisdiction in this matter had been preempted by the Public Employees Relations Commission Act, the Union by its President having activated the provisions of such act by declaring an impasse and requesting the Commission to appoint a special master. It was the legislative intent by the enactment of Chapter 447, Florida Statutes (1977), to provide the method of resolving labor disputes between public employers and public employees, with the Public Employees Relations Commission having preemptive jurisdiction as to such matters.
We find that the disputes existing between the City and the Union are “arguably” covered by the provisions of Chapter 447, Florida Statutes (1977). See Maxwell v. School Board of Broward County, 330 So. 2d 177 (Fla. 4th DCA 1976). Jurisdiction over the disputes between the Union and the City having been preempted in favor of the Public Employees Relations Commission, such Commission has jurisdiction of the disputes pursuant to the provisions of such chapter. The order dismissing the petition of the Union with prejudice is AFFIRMED.
McCORD, C. J., and BOOTH, J., concur.
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Commc'ns Workers OF Am. & Local 3180 CWA v. Indian River Cnty. Sch. Bd., 888 So. 2d 96 (Fla. 4th DCA 2004)…Union’s complaint is “arguably” covered by the provisions of Part II, Chapter 447 and was subject to the exclusive jurisdiction of PERC, in the absence of any deferral by PERC. See Local Union No. 2135, Int’l Ass’n of Firefighters v. City of Ocala, 371 So. 2d 583, 584-85 (Fla. 1st DCA 1979). Moreover, the fact that the School Board may not have followed the strictures of the statutory bargaining process does not divest PERC of exclusive jurisdiction. Finally, though we are mindful that the Union’s statute of…
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Fla. Educ. Ass'n v. Wojcicki, 930 So. 2d 812 (Fla. 3d DCA 2006)…1 “or the type of labor matter or dispute within the contemplation of Part II, Chapter 447.” Maxwell v. School Bd. of Broward County, 330 So. 2d 177, 180 (Fla. 4th DCA 1976); accord Local Union No. 2135, Int’l Ass’n of Firefighters v. City of Ocala, 371 So. 2d 583, 585 (Fla. 1st DCA 1979). Wojeieki’s claim against the FEA stemming from the alleged negligence of the attorney it hired to represent him in administrative termination proceedings is a claim that the union breached its duty to fairly represent him…
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Laborers' Int'l Union OF N. Am. v. The Greater Orlando Aviation Auth. & the City of Orlando, 385 So. 2d 716 (Fla. 5th DCA 1980)…of Orlando to its employees engaged in similar duties. Ch. 75—464, § 10, Laws of Florida (which amended Ch. 57-1658, § 8(g), as amended by Ch. 67-1834, Laws of Florida). . Compare Local Union No. 2135 Int'l. Ass’n. of Firefighters v. City of Ocala, 371 So. 2d 583 (Fla. 1st DCA 1979); Seitz v. Duval County School Board, 346 So. 2d 644 (Fla. 1st DCA 1977); Public Employees Relations Commission v. Fraternal Order of Police, Local Lodge [*718] No. 38, 327 So. 2d 43 (Fla. 2d DCA 1976). In Maxwell v. School Board…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Maxwell v. The Sch. Bd. OF Broward Cnty., 330 So. 2d 177 (Fla. 4th DCA 1976)