THE SCHOOL BOARD OF SARASOTA COUNTY, FLORIDA, PETITIONER,
v.
FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION, RESPONDENT
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The School Board's petition for review of PERC's bargaining unit determination is dismissed because the unit determination is not final agency action subject to judicial review until after a certification election is held.
A bargaining unit determination by PERC is not final agency action subject to judicial review under Fla. Stat. § 120.68 until after a certification election and resulting certification.
[1] A bargaining unit determination by a public employees relations commission is not final agency action subject to judicial review until after a certification election is h…
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Join FLexlaw to unlock all legal intelligencePERC entered an order directing a secret ballot election for a bargaining unit comprising employees in facilities, transportation, food service, and p…
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PER CURIAM.
On April 30, 1976, the Florida Public Employees Relations Commission (PERC) entered an order (76E-945) which provided:
“1. Pursuant to Fla.Stat. Section 447.307(3) (a)(1) (1975) and Section 8H-3.25 of the Commission Rules and Regulations, the Commission ORDERS that an election by secret ballot be held within 45 days for the following unit:
INCLUDED: All eligible employees in the facilities, transportation, food service and purchasing divisions of the Sarasota County School System.
EXCLUDED: All other non-instructional and instructional and all managerial/confidential employees in the Sarasota County School System.’’
The School Board of Sarasota County, Florida, has petitioned for review seeking to set aside the aforesaid order. We do not construe PERC’s order determining the appropriateness of the bargaining unit as final agency action subject to judicial review under Fla.Stat. § 120.68 (1975). The City of Panama City, Florida v. The Florida Public Employees Relations Commission, Fla.App.1st, 1976, 333 So. 2d 470. A certification following an election will constitute final agency action from which a petition for review may be filed at which time the issue of the appropriateness of the bargaining unit may be raised.
Accordingly, the petition for review is dismissed.
HOBSON, Acting C. J., and GRIMES and SCHEB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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The Sch. Bd. OF Pinellas Cnty. v. State of Fla. Pub. Emps. Relations Comm'n & Pinellas Cnty. Custodial Union No. 1221 of the Int'l Bhd. of Firemen & Oilers, 354 So. 2d 909 (Fla. 2d DCA 1978)…ack the composition of the bargaining unit until it was charged with an unfair labor practice for refusing to bargain. This position was rejected in Panama City v. PERC, 333 So. 2d 470 (Fla.1st DCA 1976), and School Board of Sarasota County v. PERC, 333 So. 2d 95 (Fla.2d DCA 1976), in which both courts [*912] held that a certification following an election constituted final agency action from which a petition for review may be filed in the applicable district court of appeal raising the issue of the appropri…
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City OF Orlando v. Fighters, 412 So. 2d 406 (Fla. 5th DCA 1982)…intermediate agency action or rulings are immediately reviewable “if review of the final agency decision would not provide an adequate remedy.” In Panama City v. PERC, 333 So. 2d 470 (Fla. 1st DCA 1976) and School Board of Sarasota County v. PERC, 333 So. 2d 95 (Fla. 2d DCA 1976), the courts held that PERC orders which determine the appropriateness of a bargaining unit and direct that an election be held are not final agency action subject to judicial review. Rather, these decisions indicate that the prope…
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City OF Orlando v. Fla. Pub. Emps. Relations Comm'n, 338 So. 2d 259 (Fla. 4th DCA 1976)…al and oral argument we are of the opinion, based upon the rationale set forth in Panama City v. Florida Public Employees Rel. Com'n, 333 So. 2d 470 (Fla.1st DCA 1976) and School Bd. of Sarasota Cty. v. Florida Public Employees Relations Commission, 333 So. 2d 95 (Fla.2d DCA 1976), certiorari does not lie at the present time. See also section 120.68(1), Florida Statutes, CERTIORARI DENIED, MAGER, C. J., CROSS, J., and SMITH, LARRY G., Associate Judge, concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Panama City v. The Fla. Pub. Emps. Relations Comm'n, 333 So. 2d 470 (Fla. 1st DCA 1976)