SCHOOL DISTRICT OF POLK COUNTY, FLORIDA, APPELLANT,
v.
POLK COUNTY NON-INDUSTRIAL EMPLOYEES UNION, LOCAL 227, AFSCME, AFL-CIO, APPELLEE
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The Polk County School District appealed a Public Employees Relations Commission (PERC) order finding that the District committed an unfair labor practice by unilaterally changing employee health insurance coverage without collectively bargaining with the AFSCME union. The appellate court affirmed, holding that the union did not waive its right to bargain and that the District's budgetary concerns did not constitute exigent circumstances justifying bypassing collective bargaining.
The court held that the AFSCME did not clearly and unmistakably waive its right to collectively bargain over proposed changes to health insurance plans, and that the projected budgetary shortfall did not constitute an exigent circumstance permitting the School District to restrict the AFSCME's bargaining rights. Accordingly, the School District violated Florida Statutes sections 447.501(1)(a) and (c) by failing to collectively bargain with the AFSCME before unilaterally changing health insurance coverage.
[1] An employer commits an unfair labor practice by unilaterally changing the terms of employee health insurance coverage without engaging in collective bargaining.
[2] A projected budgetary shortfall does not constitute an exigent circumstance that permits an employer to restrict an employee union's right to collective bargaining.
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Join FLexlaw to unlock all legal intelligence“the School District, faced with a predicted budgetary shortfall for the 2009-2010 fiscal year, sought to change its employees' health insurance plans without engaging in collective bargaining requested by the AFSCME”
Establishes the factual basis for the unfair labor practice claim—the School District's unilateral action without bargaining
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Join FLexlaw to unlock all legal intelligenceFacing a predicted budgetary shortfall for the 2009-2010 fiscal year, the Polk County School District approved three new health insurance plans, two o…
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The Polk County School District (School District) appeals a final order of the Public Employees Relations Commission (PERC) determining that the School District committed an unfair labor practice and violated sections 447.501(l)(a) and (c), Florida Statutes (2008), by unilaterally changing the terms of and options for employee health insurance coverage for members of the Polk County Non-Industrial Employees Union, Local 227, AFSCME, AFL-CIO (AFSCME).1 As we discuss in greater detail in our companion case, School District of Polk County v. Polk Education Ass’n, 100 So.3d 11 (Fla. 2d DCA 2011), the School District, faced with a predicted budgetary shortfall for the 2009-2010 fiscal year, sought to change its employees’ health insurance plans without engaging in *18collective bargaining requested by the AFSCME. The Polk County School Board ultimately approved three health insurance plans, two of which required members of the AFSCME to pay a monthly premium for health insurance. The AFSCME then filed a complaint with the PERC, and the PERC entered an opinion in the AFSCME’s favor.
As in Polk Education Ass’n, we conclude there was competent, substantial evidence in the record supporting the PERC’s determination that the AFSCME did not clearly and unmistakably waive its right to collectively bargain over proposed changes to its members’ health insurance plans. See Sch. Bd. of Martin Cnty. v. Martin Cnty. Educ. Ass’n, 613 So.2d 521, 522 (Fla. 4th DCA 1993); Fla. Sch. for the Deaf & the Blind v. Fla. Sch. for the Deaf & the Blind, Teachers United, FTP-NEA, 483 So.2d 58, 59 (Fla. 1st DCA 1986). Similarly, we hold the projected budgetary shortfall for the 2009-2010 fiscal year did not constitute an exigent circumstance permitting the School District to restrict the AFSCME’s right to collective bargaining. See Volusia Cnty. Fire Fighters Ass’n, Local 3574 IAFF v. Volusia Cnty., 32 FPER ¶ 89 (2006); Palm Beach Cnty. Police Benevolent Ass’n v. Village of N. Palm Beach, 20 FPER ¶ 25004 (1993); Pensacola Junior Coll. Faculty Ass’n v. Bd. of Trs. of Pensacola Junior Coll., 13 FPER ¶ 18150 (1987). Accordingly, the PERC correctly decided that the School District violated sections 447.501(1)(a) and (c) by failing to collectively bargain with the AFSCME.
Affirmed.
SILBERMAN, C.J., and LaROSE, J., Concur.
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Sch. Dist. OF Polk Cnty. v. Polk Educ. Ass'n, 100 So. 3d 11 (Fla. 2d DCA 2011)…fficer issued a joint recommended order. The PERC then severed the cases and issued separate Final Orders. The AFSCME proceedings are discussed in School Dist. of Polk County v. Polk County Non-Industrial Employees Union, Local 227, AFSCME, AFL-CIO, 100 So. 3d 16 (Fla. 2d DCA 2011). . Though the collective bargaining agreements among the PEA’s bargaining units and the School District ended in June 2007, the parties were still required to adhere to the status quo of the agreements, and the School District wa…
Authorities Cited
- The Fla. Sch. FOR THE Deaf & THE Blind v. The Fla. Sch. for the Deaf & the Blind, 483 So. 2d 58 (Fla. 1st DCA 1986)
- Sch. Bd. OF Martin Cnty. v. Martin Cnty. Educ. Ass'n, 613 So. 2d 521 (Fla. 4th DCA 1993)
- Sch. Dist. OF Polk Cnty. v. Polk Educ. Ass'n, 100 So. 3d 11 (Fla. 2d DCA 2011)