UNITED FACULTY OF FLORIDA, LOCAL 1847, APPELLANT,
v.
BOARD OF REGENTS, STATE UNIVERSITY SYSTEM, APPELLEE
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The Florida Court of Appeal reconsidered a prior July 1982 opinion regarding whether graduate students qualify as public employees under state labor law, modifying the opinion to clarify that all five categories of graduate students (teaching assistants, teaching associates, research assistants, research associates, and graduate assistants) should be excluded from the definition of "public employee" and deleted from the collective bargaining statute.
The court clarified that all five categories of graduate students collectively referred to as "graduate assistants"—graduate teaching assistants, graduate teaching associates, graduate research assistants, graduate research associates, and graduate assistants—shall be deleted from the statutory employee exclusion for public employees, and PERC's certification vacating prior bargaining authority is reversed.
[1] A court has the power to recall its mandate so long as it is within the term during which the opinion was issued.
[2] A court may modify its prior opinion and withdraw its mandate to clarify an apparent inconsistency that causes difficulty in implementation.
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Join FLexlaw to unlock all legal intelligence“the several categories of graduate students collectively and generically referred to as "graduate assistants" shall be deleted from Section 447.-203(3)(i), Florida Statutes (1981)”
The clarified holding establishing that all five graduate student job classifications are excluded from the statutory definition of public employee
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Join FLexlaw to unlock all legal intelligenceGraduate students employed by the State University System filed a certification petition seeking bargaining rights. The parties and lower tribunal con…
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ORDER GRANTING PARTIES’ JOINT MOTION TO RECALL AND MODIFY MANDATE AND FOR CLARIFICATION
PER CURIAM.
We issued an opinion in this case on July 27, 1982. See United Faculty of Florida, Local 1847 v. Board of Regents, State University System, 417 So. 2d 1055 (Fla. 1st DCA 1982). No motion was made for rehearing or clarification and the mandate issued on August 27, 1982. Certiorari review was not sought from the supreme court. This joint motion was filed October 19, 1982, seeking relief from an apparent inconsistency in the opinion which caused difficulty in the agency’s implementation of the holding and directions of the court.
We have the power to recall our mandate so long as it is within the term during which the opinion was issued. See State Farm Mutual Automobile Insurance Company v. Judges of the District Court of Appeal, Fifth District, 405 So. 2d 980 (Fla.1981). The applicable term commenced July 1,1982, and will conclude December 31, 1982.
Having considered the merits of the joint motion, we exercise this Court’s power and hereby withdraw the mandate and clarify the opinion previously published.
The parties direct the court’s attention to the holding in the case that “graduate assistants” are employees and as such are deleted from Section 447.203(3)(i), Florida Statutes (1981). Confusion exists in that the parties and lower tribunal have consistently used the term “graduate assistants” generically and collectively as representative and inclusive of all five job classifications encompassed by the certifications at issue, they being: graduate teaching assistants, graduate teaching associates, graduate research assistants, graduate research associates and graduate assistants. The certification was challenged with that understanding, the evidence and proof supported the inclusion of the collective group and the parties acknowledged such in their briefs.
We agree that the opinion is susceptible of inconsistent application and, to eliminate the perceived obfuscation, do modify the final paragraph of the opinion to read as follows:
Accordingly, the several categories of graduate students collectively and generically referred to as “graduate assistants” shall be deleted from Section 447.-203(3)(i), Florida Statutes (1981) (State ex rel. Boyd v. Green, 355 So. 2d 789 (Fla.1978)), which shall now provide:
(3)“Public employee” means any person employed by a public employer except: (i) Those persons enrolled as undergraduate students in the State University System who perform part-time work for the State University System.
PERC’s order dated September 24, 1981, vacating certification numbers 501 and 502 in favor of UFF as bargaining agent for graduate research associates, graduate research assistants, graduate teaching associates, graduate teaching assistants and graduate assistants is hereby reversed.
JOANOS and WIGGINTON, JJ., and OWEN, WILLIAM C., Jr., Associate Judge, concur.
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Lawton Chiles v. State Emps. Attorneys Guild & Raymond J. Greene, 734 So. 2d 1030 (Fla. 1999)…to this precedent, the State argues that the proper test to analyze this statute is the one applied by the First District Court of Appeal in United Faculty of Florida, Local 1847 v. Board of Regents, 417 So. 2d 1055, 1056 (Fla. 1st DCA), clarified, 423 So. 2d 429 (Fla. 1st DCA 1982): a strong showing of a rational basis for abridgment which is justified by a compelling state interest. Based on Local 1847, the State argues that the lower courts erred in applying the least intrusive means test. We reject this…
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Vaughn R. Simpson v. State, 505 So. 2d 1378 (Fla. 1st DCA 1987)…ponte so long as it does so within the term of court during which the mandate was issued. State Farm Mutual Automobile Insurance Co. v. Judges of the District Court of Appeal, 405 So. 2d 980 (Fla.1981); United Faculty of Florida v. Board of Regents, 423 So. 2d 429 (Fla. 1st DCA 1982); Jerry v. State, 174 So. 2d 772 (Fla. 2d DCA 1965). The court is now in the same term which commenced on the second Tuesday in January 1987, and that term does not expire until July. § 35.10, Fla.Stat. (1985). Accordingly, we hav…
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Owens v. State, 444 So. 2d 951 (Fla. 2d DCA 1984)…erm during which the opinion was issued. See State Farm Mutual Automobile Insurance Co. v. Judges of the District Court of Appeal, Fifth District, 405 So. 2d 980 (Fla.1981), and United Faculty of Florida v. Board of Regents, State University System, 423 So. 2d 429 (Fla. 1st DCA 1982); Jerry v. State, 174 So. 2d 772 (Fla. 2d DCA 1965). Here, the applicable term commenced July 1, 1983, and concluded December 31, 1983. Thus, withdrawal of the Owens mandate was proper. Concerning the merits of the state’s motion…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State Farm Mut. Auto. Ins. Co. v. Judges OF the Dist. Court OF Appeal, 405 So. 2d 980 (Fla. 1981)
- State of Fla. ex rel. Jeffrey Michael Boyd v. Green, 355 So. 2d 789 (Fla. 1978)
- United Faculty OF Florida v. Bd. of Regents, 417 So. 2d 1055 (Fla. 1st DCA 1982)