Florida Statute 447.401 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 447
LABOR ORGANIZATIONS

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F.S. 447.401

447.401 Grievance procedures.—Each public employer and bargaining agent shall negotiate a grievance procedure to be used for the settlement of disputes between employer and employee, or group of employees, involving the interpretation or application of a collective bargaining agreement. Such grievance procedure shall have as its terminal step a final and binding disposition by an impartial neutral, mutually selected by the parties; however, when the issue under appeal is an allegation of abuse, abandonment, or neglect by an employee under s. 39.201 or s. 415.1034, the grievance may not be decided until the abuse, abandonment, or neglect of a child has been judicially determined. However, an arbiter or other neutral shall not have the power to add to, subtract from, modify, or alter the terms of a collective bargaining agreement. If an employee organization is certified as the bargaining agent of a unit, the grievance procedure then in existence may be the subject of collective bargaining, and any agreement which is reached shall supersede the previously existing procedure. All public employees shall have the right to a fair and equitable grievance procedure administered without regard to membership or nonmembership in any organization, except that certified employee organizations shall not be required to process grievances for employees who are not members of the organization. A career service employee shall have the option of utilizing the civil service appeal procedure, an unfair labor practice procedure, or a grievance procedure established under this section, but such employee is precluded from availing himself or herself to more than one of these procedures.

History.—s. 3, ch. 74-100; s. 1, ch. 74-378; s. 14, ch. 77-343; s. 38, ch. 87-238; s. 12, ch. 88-290; s. 32, ch. 91-57; s. 135, ch. 95-418; s. 156, ch. 97-103; s. 154, ch. 98-403; s. 101, ch. 2000-349.

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F.S. 447.401 on Casetext

Amendments to 447.401

Arrestable Offenses / Crimes under Fla. Stat. 447.401

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 447.401.

Annotations, Discussions, Cases:

Cases Citing Statute 447.401

Total Results: 20

CITY OF MIAMI v. FRATERNAL ORDER OF POLICE, MIAMI LODGE NO. 20

Court: Fla. Dist. Ct. App. | Date Filed: 2023-04-05T00:53:00-07:00

Snippet: grievance.” This provision of the CBA mirrors section 447.401, Florida Statutes, which governs grievance procedures…herself of more than one of these procedures.” § 447.401, Fla. Stat. Therefore, if this court determines…both section 6.4 of the CBA as well as section 447.401, Florida Statues would bar arbitration of Rodriguez…both section 6.4 of the CBA as well as section 447.401, Florida Statues bar arbitration of Rodriguez’

CITY OF HOLLYWOOD v. EDWARD C. PERRIN

Court: Fla. Dist. Ct. App. | Date Filed: 2020-03-25T00:53:00-07:00

Snippet: Neither party explicitly discuses section 447.401, Florida Statutes (2018), which provides that “…application of a collective bargaining agreement.” § 447.401, Fla. Stat. The statute requires that the procedure…section 1 of Article 29 of the CBA. Section 447.401 clearly indicates a path to arbitration, and PERC… interferes with a public employee’s Section 447.401 right, thereby constituting conduct …which is an inherent interference with section 447.401, and “constitut[es] conduct prohibited by Section

City of Miami v. Miami Lodge 20, Fraternal Order of Police

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-16T00:53:00-07:00

Snippet: about what section 447.401 provides, including its limiting language. Section 447.401 provides, in relevant… with the plain and clear language of section 447.401, Florida Statutes (2016), we afford PERC’s interpretation…interpretation no deference. Under section 447.401 and Articles 6.4, 6.6, and 6.8 of the governing Collective…and arbitrate Hagan’s grievance. Section 447.401 provides career service employees with various … grievance procedure established under section 447.401 or the Collective Bargaining Agreement, and thereafter

Scott Israel, Sherrif of Broward County v. Anthony Castro

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-25T00:00:00-07:00

Citation: 162 So. 3d 328

Snippet: pursuant to Article 38 of the CBA and section 447.401, Florida Statutes (2009), which requires public…Ordinances, Sec. lS-dfeXl)-®). 1 Section 447.401, Florida Statutes (2009), requires public employers

CITY OF JACKSONVILLE, JSO v. Cowen

Court: Fla. Dist. Ct. App. | Date Filed: 2007-12-16T23:53:00-08:00

Citation: 973 So. 2d 503

Snippet: herself to more than one of these procedures. § 447.401, Fla. Stat. (2003). Similarly, Jacksonville'…election-of-remedies provision in Florida Statutes, section 447.401, is hereby incorporated into these rules and is…court interpreted an earlier version of section 447.401 (one which lacked reference to "an unfair … We interpret these cases to mean that section 447.401 precludes resort to a second method for resolution

Santana v. Department of Juvenile Justice

Court: Fla. Dist. Ct. App. | Date Filed: 2006-08-02T00:00:00-07:00

Citation: 935 So. 2d 73, 2006 Fla. App. LEXIS 12859, 2006 WL 2136503

Snippet: PER CURIAM. Affirmed. See § 447.401, Fla. Stat. (2004); Taylor v. Pub. Employees Relations Comm

Taylor v. PUBLIC EMPLOYEES RELATIONS COM'N

Court: Fla. Dist. Ct. App. | Date Filed: 2004-06-23T00:53:00-07:00

Citation: 878 So. 2d 421

Snippet: collective bargaining grievance to conclusion. Section 447.401, Florida Statutes, (2003) governs grievance procedures…contract; however, the election of remedies in s. 447.401 also applies to whistle-blower actions. (emphasis

Depaola v. Town of Davie

Court: Fla. Dist. Ct. App. | Date Filed: 2004-04-28T00:53:00-07:00

Citation: 872 So. 2d 377

Snippet: dismissed the claim based on section 447.401, Florida Statutes. Section 447.401 provides in pertinent part: All…516 So.2d 972, 973 (Fla. 1st DCA 1987). Section 447.401, Florida Statutes, provides that "[a]ll public…who are not members of the organization." § 447.401, Fla. Stat. (emphasis added). This court has clarified

Hallandale Prof. Firefighters v. Hallandale

Court: Fla. Dist. Ct. App. | Date Filed: 2001-01-16T23:53:00-08:00

Citation: 777 So. 2d 435

Snippet: 1403, 575 So.2d 289 (Fla. 3d DCA 1991). Section 447.401, Florida Statutes (1999), which governs grievance

DEPT. OF HEALTH AND REHAB. v. Irven

Court: Fla. Dist. Ct. App. | Date Filed: 1999-01-21T23:53:00-08:00

Citation: 724 So. 2d 698

Snippet: remedies under section 112.3187(11) and section 447.401, Florida Statutes, foreclosed her complaint for

Board of County Commissioners v. Citrus, Cannery Food Processing & Allied Workers, Drivers, Warehousemen & Helpers, Local Union 173

Court: Fla. Dist. Ct. App. | Date Filed: 1998-11-20T00:00:00-08:00

Citation: 738 So. 2d 953, 163 L.R.R.M. (BNA) 2252, 1998 Fla. App. LEXIS 14808, 1998 WL 933218

Snippet: there can be no unfair labor practice. Section 447.401 does require one provision in all public employee…their collective bargaining agreement from section 447.401 and utilize exclusively the dispute resolution

Metropolitan Dade County v. ASS'N OF FIREFIGHTERS, LOCAL 1403

Court: Fla. Dist. Ct. App. | Date Filed: 1991-02-25T23:53:00-08:00

Citation: 575 So. 2d 289

Snippet: is precluded by the express language of section 447.401, Florida Statutes (1989), which provides in part…seeking relief under the grievance procedure. § 447.401, Fla. Stat. (1989). "[A] career service public

Kresse v. City of Hialeah

Court: Fla. Dist. Ct. App. | Date Filed: 1989-03-07T00:00:00-08:00

Citation: 539 So. 2d 534, 4 I.E.R. Cas. (BNA) 607, 14 Fla. L. Weekly 627, 1989 Fla. App. LEXIS 1099, 1989 WL 18817

Snippet: only issues which concern the agreement itself. § 447.401, Fla. Stat. (1987) (“Grievance procedures. — Each

Bass v. Department of Transportation

Court: Fla. Dist. Ct. App. | Date Filed: 1987-10-29T23:53:00-08:00

Citation: 516 So. 2d 972

Snippet: this case, and because of the provisions of § 447.401, Fla. Stat., we are unable to address the merits…the instant civil service appeal filed. Section 447.401, Fla. Stat., prescribing grievance procedures for…service appeal and a grievance procedure. Under § 447.401, a career service public employee who is also a…appeal. Given the above quoted provisions of § 447.401, PERC's determination that Mr. Bass's civil

Lee Cty. Sch. Bd. v. Sch. Bd. Emp. L. 780

Court: Fla. Dist. Ct. App. | Date Filed: 1987-08-13T00:53:00-07:00

Citation: 512 So. 2d 238

Snippet: non-membership in any organization... ." § 447.401. Public employees may also bring individual grievances

School Board of Lee County v. Lee County School Board Employees, Local 780

Court: Fla. Dist. Ct. App. | Date Filed: 1987-08-13T00:00:00-07:00

Citation: 512 So. 2d 238, 41 Educ. L. Rep. 1184, 12 Fla. L. Weekly 1966, 1987 Fla. App. LEXIS 9953

Snippet: membership or non-membership in any or-ganization_” § 447.401. Public employees may also bring individual grievances

City of Miami v. FOP, MIAMI LODGE 20

Court: Fla. | Date Filed: 1987-07-16T00:53:00-07:00

Citation: 511 So. 2d 549

Snippet: section 447.501. Under the mandates of section 447.401, each collective bargaining agreement entered into…Commission's duty to be, pursuant to section 447.401, when confronted with an issue characterized by…order to give effect to the provisions of section 447.401, mandating a grievance procedure culminating in…the explicit arbitration requirements of section 447.401, its policy of deferring to arbitration is supported…particularly the mandatory requirements of section 447.401.[5] *553 Under the district court's view PERC

Fraternal Order of Police v. City of Miami

Court: Fla. Dist. Ct. App. | Date Filed: 1986-08-05T00:00:00-07:00

Citation: 492 So. 2d 1122, 11 Fla. L. Weekly 1690, 1986 Fla. App. LEXIS 9181

Snippet: the contract; that in accordance with Section 447.401, Florida Statutes (1985), the contract was required

City of Casselberry v. ORANGE CTY. POLICE

Court: Fla. | Date Filed: 1986-01-08T23:53:00-08:00

Citation: 482 So. 2d 336

Snippet: must be resolved in favor of section 447.401. Yet section 447.401 does not threaten to undermine local…while the PBA might have believed that section 447.401, Florida Statutes (1981), required every contract…collectively shall not be denied or abridged. Section 447.401 provides that parties "shall negotiate a grievance…collective bargaining agreement." Section 447.401 further requires that such procedure shall provide…Accordingly, any conflict arising between section 447.401 and the Civil Service Act of the City of Casselberry

Palm Beach Junior College v. United Faculty

Court: Fla. | Date Filed: 1985-08-30T00:53:00-07:00

Citation: 475 So. 2d 1221

Snippet: Arbitration is guaranteed to public employees by § 447.401; there is no such provision in private sector labor