OSCAL ROUSSEAU
v.
MIAMI-DADE COUNTY
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An employee bound by a collective bargaining agreement must exhaust the contractual grievance procedure before pursuing a breach of contract claim in court.
[1] A party bound by a collective bargaining agreement must exhaust administrative remedies provided by the agreement before resorting to litigation.
[2] Disputes involving the interpretation or application of a collective bargaining agreement are generally subject to the agreement's grievance and arbitration procedures.
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Join FLexlaw to unlock all legal intelligence“No principle is more firmly established than the requirement that, before resorting to the courts, one must pursue and exhaust any extrajudicial or administrative remedy which may provide the relief sought.”
Opening statement of the court's reasoning regarding exhaustion of remedies.
Oscal Rousseau, an employee of Miami-Dade County bound by a collective bargaining agreement with the American Federation of State, County and Municipa…
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Third District Court of Appeal
State of Florida
Opinion filed June 16, 2021. Not final until disposition of timely filed motion for rehearing.
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No. 3D21-0057 Lower Tribunal Nos. 19-224AP, 17-16088CC
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Oscal Rousseau,
Appellant,
vs.
Miami-Dade County,
Appellee.
An appeal from the County Court for Miami-Dade County, Gina Beovides, Judge. Torricella Law PLLC, and Maurice J. Baumgarten, for appellant. Geraldine Bonzon-Keenan, Miami-Dade County Attorney, and Leona N. McFarlane, Assistant County Attorney, for appellee. Before SCALES, LINDSEY, and MILLER, JJ. MILLER, J. Appellant, Oscal Rousseau, challenges an order dismissing his breach of contract lawsuit against appellee, his employer, Miami-Dade County, for lack of subject matter jurisdiction. “No principle is more firmly established than the requirement that, before resorting to the courts, one must pursue and exhaust any extrajudicial or administrative remedy which may provide the relief sought.” City of Miami v. Fraternal Ord. of Police Lodge No. 20 of City of Miami, 378 So. 2d 20, 23 (Fla. 3d DCA 1979) (citations omitted). Here, bound by the expansive terms of a collective bargaining agreement between the County and American Federation of State, County and Municipal Employees, AFL-CIO, General Employees, Local 199, Rousseau, before resorting to the courts, was first required to attempt and exhibit “use of the contract grievance procedure agreed upon by employer and union as the mode of redress.” Miami Ass’n of Firefighters Local 587 v. City of Miami,
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- City OF Miami v. Fraternal Order OF Police Lodge NO. 20 OF the City OF Miami, 378 So. 2d 20 (Fla. 3d DCA 1979)
- Koenig v. Ashton Tyler & Metro. Dade Cnty., 360 So. 2d 104 (Fla. 3d DCA 1978)
- Miami Ass'n OF Firefighters Local 587 of the Int'l Ass'n of Firefighters of Miami v. The City OF Miami, 87 So. 3d 93 (Fla. 3d DCA 2012)
- Pub. Health Tr. v. Heriberto Hernandez, 751 So. 2d 124 (Fla. 3d DCA 2000)
- Deshazior v. Sch. Bd. OF Miami-Dade Cnty., 217 So. 3d 151 (Fla. 3d DCA 2017)
- Roberts v. Miami-Dade Cnty., 249 So. 3d 1309 (Fla. 3d DCA 2018)