JORGE CORPION, ET AL., APPELLANT,
v.
KEN JENNE, SHERIFF AND BROWARD SHERIFFS OFFICE, APPELLEES
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A sheriff sought to vacate an arbitration award that reduced appellant's permanent demotion to a temporary demotion based on a collective bargaining agreement dispute. The court reversed the circuit court's vacation of the arbitration award, holding that the arbitrator did not exceed his authority in determining whether just cause existed for the discipline imposed.
The court held that the arbitrator did not exceed his authority. Inherent in the arbitrator's authority to determine whether there was just cause to demote appellant was the ability to determine whether a policy violation was serious enough to justify demotion or should have resulted in a lesser penalty.
[1] An arbitrator has the authority to determine whether a violation of policy is serious enough to justify a demotion or warrants a lesser penalty, even when the collective…
[2] A circuit court exceeds its authority under arbitration statutes when it vacates an arbitration award solely on the ground that the arbitrator exceeded his authority, whe…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Inherent in that authority is the ability to determine whether a violation of a policy was serious enough to justify demotion or should have resulted in a lesser penalty.”
Establishes that arbitrator authority to determine just cause necessarily includes authority to assess proportionality of punishment
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellant was permanently demoted by the sheriff for workplace comments that violated department policy. Appellant argued his remarks were harmless an…
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KLEIN, J.
After appellant was demoted by the sheriff, the Broward County Police Benevolent Association, pursuant to a collective bargaining agreement, filed a grievance on his behalf which was submitted to arbitration. The arbitrator found in favor of appellant; however, the circuit court vacated the arbitration award without explanation. We reverse.
Appellant was permanently demoted as a result of comments he had made at the workplace which violated department policy. Appellant’s position was that his remarks were harmless, and that other employees had done the same thing, or worse, without being disciplined.
The matter was then submitted to arbitration, and the arbitrator found that, although the sheriffs office acted in good faith in attempting to enforce its policy, the facts did not constitute just cause for permanent loss of rank. The arbitrator concluded that no more than a temporary demotion and training were warranted. The arbitrator ordered appellant restored to his rank, but out of deference to the sheriffs office’s good faith, denied back pay or benefits. The sheriff then filed a petition in circuit court to vacate the arbitrator’s award.
The parties agree that the court’s authority to vacate the award is governed by section 682.13, Florida Statutes (2000). The circuit court gave no reason for vacating the award, but the sheriff argues that the arbitrator exceeded his power. § 682.13(c). We are unable to comprehend this argument. The sheriff acknowledges that, under the collective bargaining agreement, the arbitrator was authorized to determine if there was “just cause” to demote appellant. Inherent in that authority is the ability to determine whether a violation of a policy was serious enough to justify demotion or should have resulted in a lesser penalty.
A similar situation was presented in Amalgamated Transit Union, Local 1593 v. Hillsborough Area Regional Transit Authority, 450 So. 2d 590 (Fla. 2d DCA 1984), in which the contract language giving the employer the right to discipline for just cause was essentially the same as the language in this case. In that case the arbitrator found that the employee had committed an offense which warranted punishment, but that the punishment given by the employer had been too harsh. The circuit court vacated the award on the ground that the arbitrator had exceeded his authority, but the second district reversed, holding that the circuit court had gone beyond its authority under our arbitration statutes. The court’s reasoning was approved by the Florida Supreme Court in Schnurmacher Holding, Inc. v. Noriega, 542 So. 2d 1327 (Fla.1989).
The other reasons advanced by the sheriff for affirmance do not merit discussion. Reversed.
WARNER and POLEN, JJ., concur.
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Cited By
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Lake City Fire & Rescue Ass'n v. City of Lake City, 240 So. 3d 128 (Fla. 1st DCA 2018)…cordingly, unlike Raynor (and the other cases relied on by the union2), the arbitrator in this case did not have 1 We summarily reject the union’s argument that the city waived this issue at the arbitration hearing. 2 See, e.g., Corpion v. Jenne, 869 So. 2d 660, 660-61 (Fla. 4th DCA 2004) (explaining that the arbitrator had the authority to reduce the discipline imposed by the employer because the CBA in that case specifically authorized the arbitrator “to determine if there was ‘just cause’ to demote [the…
Authorities Cited
- Schnurmacher Holding, Inc. v. Noriega, 542 So. 2d 1327 (Fla. 1989)
- Amalgamated Transit Union, Local 1593, AFL-CIO v. Hillsborough Area Reg'l Transit Auth., 450 So. 2d 590 (Fla. 2d DCA 1984)