AMALGAMATED TRANSIT UNION, LOCAL 1593, APPELLANT,
v.
HILLSBOROUGH AREA REGIONAL TRANSIT AUTHORITY, APPELLEE
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Public sector employers are not required to collectively bargain over subcontracting decisions, which constitute a management prerogative distinct from private sector mandatory bargaining obligations.
Public sector employers have no duty to collectively bargain over the right to subcontract, as subcontracting is a management prerogative under Florida law.
[1] Public sector employers are not required to collectively bargain over subcontracting decisions, which constitute a management prerogative distinguishable from private sec…
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Join FLexlaw to unlock all legal intelligenceAmalgamated Transit Union Local 1593 challenged the Public Employees Relations Commission's decision that public employers need not bargain collective…
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PER CURIAM.
This cause is before us on appeal and cross-appeal from a final order of the Public Employees Relations Commission (PERC). We affirm the cross-appeal without comment. On appeal, Amalgamated Transit Union Local 1593, Appellant, challenges PERC’s decision that public employers do not have to collectively bargain over the right to subcontract. Finding no error in PERC’s decision, we affirm. Appellant relies on the private sector model found in Fibreboard Paper Products Corp. v. NLRB, 379 U.S. 203, 85 S.Ct. 398, 13 L.Ed.2d 233 (1964), where the United States Supreme Court held that subcontracting is a mandatory subject of collective bargaining. We distinguish the instant case from Fibreboard on the basis that private sector employers are quite different from public sector employers. The Florida Supreme Court has recognized that there are critical distinctions between private and public sector bargaining. State v. Florida Police Benevolent Assoc., Inc., 613 So. 2d 415 (Fla.1992).
We, therefore, agree with PERC’s interpretation of section 447.209, Florida Statutes, that the right to subcontract is a management prerogative which is not a subject of mandatory collective bargaining, and affirm the order below.
BARFIELD, C.J., BOOTH and MINER, JJ., CONCUR.
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Citator
Cited By
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City OF Jacksonville v. Jacksonville Supervisor's Ass'n, Inc., 791 So. 2d 508 (Fla. 1st DCA 2001)
Authorities Cited
- Fibreboard Paper Prods. Corp. v. Nat'l Labor Relations Bd., 379 U.S. 203 (U.S. 1964)
- State v. Fla. Police Benevolent Ass'n, Inc., 613 So. 2d 415 (Fla. 1992)