METROPOLITAN DADE COUNTY, APPELLANT,
v.
DADE COUNTY ASSOCIATION OF FIREFIGHTERS, LOCAL 1403, APPELLEE
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Metropolitan Dade County appealed a summary judgment requiring it to reinstate a discharged firefighter based on an arbitration award. The court reversed, holding that a discharged civil service employee who pursues a civil service appeal is statutorily precluded from subsequently seeking relief through the grievance procedure.
The court held that section 447.401 expressly precludes a career service employee from pursuing more than one remedy procedure, and therefore an employee who pursued a civil service appeal cannot subsequently seek relief through the grievance procedure.
[1] A career service employee is precluded from utilizing more than one of the following procedures: civil service appeal, unfair labor practice procedure, or a grievance pro…
[2] A public employee who is a union member may contest a disciplinary action through the union or by filing a civil service appeal, but may not pursue both avenues for relie…
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Join FLexlaw to unlock all legal intelligence“A career service employee shall have the option of utilizing the civil service appeal procedure, an unfair labor practice procedure, or a grievance procedure established under this section, but such employee is precluded from availing himself to more than one of these procedures.”
The statutory language that forms the basis of the court's holding that employees must choose one remedial avenue.
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Join FLexlaw to unlock all legal intelligenceA Dade County firefighter was discharged for violating the Fire Department's policy prohibiting illegal drug use. The employee first pursued a civil s…
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PER CURIAM.
Appellant, Metropolitan Dade County, appeals a final summary judgment in favor of appellee, Dade County Association of Firefighters, Local 1403, on appellant’s action to vacate an arbitration award. We reverse.
The facts may be briefly stated. A Dade County firefighter was discharged by the Dade County Fire Department for violating the Department’s policy prohibiting the use of illegal drugs. The employee sought relief from discharge through the avenue of a civil service appeal. The employee’s appeal was unsuccessful.
An arbitrator then heard the discharged employee’s grievance based on a contractual violation of appellant’s drug testing procedure. The arbitrator ruled appellant had violated the collective bargaining agreement, and as a remedy, ordered appellant to reinstate the employee as a firefighter. Appellant petitioned the trial court to va cate the arbitrator’s ruling. On cross-motions for summary judgement, the court entered a final summary judgment in favor of appellee.
Appellant argues the arbitration award is precluded by the express language of section 447.401, Florida Statutes (1989), which provides in part:
A career service employee shall have the option of utilizing the civil service appeal procedure, an unfair labor practice procedure, or a grievance procedure established under this section, but such employee is precluded from availing himself to more than one of these procedures.
Here, the discharged employee utilized a civil service appeal procedure and then a grievance procedure.
We conclude, as a matter of law, that the employee’s appeal of his discharge through the civil service appeal procedure, forecloses him from seeking relief under the grievance procedure. § 447.401, Fla.Stat. (1989). “[A] career service public employee who is also a union member may contest a disciplinary action taken by his or her employer either through the union or by filing a civil service appeal, but may not pursue both avenues for relief.” Bass v. Department of Transportation, 516 So. 2d 972, 973 (Fla. 1st DCA 1987).
Accordingly, we reverse the final summary judgment with instructions to the trial court to vacate the award and enter judgment in favor of appellant.
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Fraternal Order OF Police v. City OF Miami, 598 So. 2d 89 (Fla. 3d DCA 1992)…ion and a final and binding arbitrator’s decision had been rendered, the Circuit Court did not have jurisdiction to entertain the declaratory judgment action below. See Metropolitan Dade County v. Dade County Association of Firefighters, Local 1403, 575 So. 2d 289 (Fla. 3d DCA 1991); Bass v. Department of Transportation, 516 So. 2d 972 (Fla. 1st DCA 1987); Koenig v. Tyler, 360 So. 2d at 104; Heath v. Central Truck Lines, Inc., 195 So. 2d at 588. Affirmed.…
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Depaola v. The Town OF Davie, 872 So. 2d 377 (Fla. 4th DCA 2004)…remedies); Fraternal Order of Police v. City of Miami, 598 So. 2d 89 (Fla. 3d DCA 1992) (Circuit court could not hear complaint once issue proceeded to arbitration through grievance process.); Metro. Dade County v. Dade County Ass’n of Firefighters, 575 So. 2d 289 (Fla. 3d DCA 1991) (Firefighter’s appeal of his discharge through civil service appeal procedure precluded him from seeking any relief by arbitration under grievance procedure.). The trial court also incorrectly concluded that DePaola would be limi…
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Hallandale Professional Firefighters v. City OF Hallandale, 777 So. 2d 435 (Fla. 4th DCA 2001)…r summary judgment, holding that, by electing the-remedy of the PERC proceeding, the union was barred from pursuing arbitration on the same charges. The trial court relied on Metropolitan Dade County v. Dade County Ass’n of Firefighters, Local 1403, 575 So. 2d 289 (Fla. 3d DCA 1991). Section 447.401, Florida Statutes (1999), which governs grievance procedures between public employers and employees or unions provides in part: Each public employer and bargaining agent shall negotiate a grievance procedure to…
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- Bass v. Dep't OF Transp., 516 So. 2d 972 (Fla. 1st DCA 1987)