The 2024 Florida Statutes
|
||||||
|
. . . Union filed an unfair labor practice claim with the PERC against the City for violation of section 447.501 . . . Recommended Decision and found that the City engaged in an unfair labor practice in violation of sections 447.501 . . .
. . . Section 447.501, Florida Statutes (2017), entitled "Unfair labor practices" provides in pertinent part . . .
. . . jurisdiction, those activities which ‘arguably’ constitute unfair labor practices as defined by section 447.501 . . .
. . . jurisdiction, those activities which ‘arguably’ constitute unfair labor practices as defined by section 447.501 . . .
. . . 2015, Allen filed an unfair labor practice charge against the Union, alleging a violation of section 447.501 . . .
. . . . §§ 447.501, 447.503, Fla. Stat. . . .
. . . . §§ 447.501, 447.503, Fla. Stat. . . .
. . . practice by refusing to resume negotiations after the failed ratification vote, thus violating section 447.501 . . .
. . . this change violated the association’s right to collective bargaining over pensions, under sections 447.501 . . . Based on this reasoning, the hearing officer concluded, “The state violated section 447.501(l)(a) and . . . Section 447.501(1) provides in pertinent part: (1) Public employers or their agents or representatives . . . agreed upon with the certified bargaining agent for the public employees in the bargaining unit. § 447.501 . . . of employees represented by a certified bargaining agent constitutes a per se violation of [s]ection 447.501 . . .
. . . the Public Employees Relations Commission which determined that the Sheriffs Office violated section 447.501 . . .
. . . the School Board of Miami-Dade County alleging unfair labor practices violations pursuant to sections 447.501 . . . s complaints rise to the level of retaliation or employment discrimination contemplated by sections 447.501 . . . the actions alleged in Koren’s claim were sufficient to establish a prima facie violation of section 447.501 . . . Section 447.501(l)(d) provides: Public employers or their agents or representatives are prohibited from . . . against a public employee because he or she has filed charges or given testimony under this part. § 447.501 . . .
. . . UTD “caused” the District’s action, and UTD’s actions were unlawful within the meaning of sections 447.501 . . . Analysis The charges in this case were brought pursuant to sections 447.501(2)(a) and (b) of the Florida . . . See § 447.501(2)(b). . . . See § 447.501(2)(b); Spiegel v. Dade Cnty. Police Benevolent Ass’n, 14 FPER ¶ 19092 (1988). . . . See § 447.501(2)(a). . . .
. . . PERC) determining that the School District committed an unfair labor practice and violated sections 447.501 . . . filed an unfair labor practices complaint with the PERC, alleging the School District violated sections 447.501 . . . of employees represented by a certified bargaining agent constitutes a per se violation of [sections 447.501 . . . Moreover, we point out there is nothing under section 447.501(c) absolving the School District of its . . . Therefore, the PERC correctly found that the School District violated sections 447.501(1)(a) and (c) . . .
. . . PERC) determining that the School District committed an unfair labor practice and violated sections 447.501 . . . Accordingly, the PERC correctly decided that the School District violated sections 447.501(1)(a) and . . .
. . . 2009, the PBA filed an unfair labor practice charge with PERC, alleging the Sheriff violated Section 447.501 . . . After a hearing, the hearing officer issued a recommended order concluding the Sheriff violated Section 447.501 . . .
. . . and that the District’s failure to do so constituted an unfair labor practice as defined in section 447.501 . . .
. . . The union alleged the School Board violated sections 447.501(l)(a) and (c), Florida Statutes (2008), . . . purpose to abrogate or alter a party’s right to charge an unfair labor practice pursuant to section 447.501 . . . public employer invoking section 447.4095, and PERC’s determination that the City violated sections 447.501 . . . Section 447.501(1), Florida Statutes (2008), provides in part: (1) Public employers or their agents or . . .
. . . Officer Choppin’s ruling that the City had engaged in unfair labor practices, in violation of sections 447.501 . . . When the unions filed unfair labor practice charges under sections 447.501(l)(a) and (c), Florida Statutes . . . New Port Richey, PERC held that the city had committed an unfair labor practice, in violation of §§ 447.501 . . . A public employer's refusal to bargain violates §§ 447.501(l)(a) and (c), Florida Statutes (2008), which . . . In City of New Port Richey, the Commission held that the City violated Sections 447.501(l)(a) and (c) . . .
. . . the Florida Public Employee Relations Commission (PERC) finding that the Sheriff violated sections 447.501 . . . The Sheriff raises two issues on appeal: (1) whether PERC’s finding that the Sheriff violated section 447.501 . . . On January 26, 2010, PERC issued a final order concluding the Sheriff violated sections 447.501(l)(a) . . . Sheriff declined to rehire him, the Sheriff could not have violated section 447.501(l)(a). . . . Stat., but it specifically limited the application of section 447.501(l)(a) to public employees. . . .
. . . Miami-Dade County [“School Board”] alleging unfair labor practices violations pursuant to sections 447.501 . . . s complaints rise to the level of retaliation or employment discrimination contemplated by sections 447.501 . . . 780, AFSCME, 512 So.2d 238, 239 (Fla. 1st DCA 1987) (holding that, in proving a violation of section 447.501 . . . “A successful claim under section 447.501(l)(a) does not hinge on the employee’s ‘reasonable belief.’ . . . . § 447.501(1), Fla. Stat. (2009). . . . The complaining person must make “specific reference to the provisions of s. 447.501 [which defines unfair . . . Id. § 447.501(2). . . . .
. . . 1.016(l)(a) and (c) of the Lakeland Public Employees Relations Ordinance, which is based on section 447.501 . . . defined in section 1.016(l)(a) and (c) of the Lakeland Public Employees Relations Ordinance and section 447.501 . . .
. . . five: “The union or its agents have engaged in an unfair labor practice within the meaning of Section 447.501 . . . In addition, section 447.501(2)(a), Florida Statutes, states: (2) A public employee organization or anyone . . .
. . . affects the teachers’ terns and conditions of employment was not a reasonable construction of section 447.501 . . . Teachers) filed an unfair labor practice charge alleging that the School District violated section 447.501 . . .
. . . process Wim-berly’s grievance, and that the charge did not demonstrate a prima facie violation of section 447.501 . . . grievance to arbitration,” and therefore, “Wimberly has not demonstrated a prima facie violation of Section 447.501 . . . dismissal, Wimberly filed an amendment to the amended charge, alleging that the Union violated section 447.501 . . . the charge had been timely filed, “the charge fails to demonstrate a prima facie violation of Section 447.501 . . .
. . . alleged that the City’s unilateral change in practice, disrupting the status quo, violated section 447.501 . . .
. . . The charge alleged that the City, through Brown, violated sections 447.501(l)(a), (c), and (d) of the . . . First, the City argued that the hearing officer erred in finding a violation of section 447.501(l)(a) . . . Contrary to these allegations, however, a successful claim under section 447.501(l)(a) does not hinge . . . The court stated: “In proving a violation of section 447.501(l)(a), an employee must show that his or . . . Brown’s motive — settles the question whether the City violated section 447.501(l)(a). . . .
. . . alleged, among other things, that the School District had retaliated against her, in violation of section 447.501 . . . In addition to alleging violations of section 447.501(l)(d), Ms. . . . Ca-gle also alleged that the School District violated section 447.501(l)(a), which prohibits an employer . . . appealed to PERC, amending her charge and alleging eleven incidents that constituted violations of section 447.501 . . . the amended charge, which she claimed were sufficient to establish a prima facie violation of section 447.501 . . .
. . . Local 3178 alleged the City violated sections 447.501(a) and (c), by charging Local 3178 fifteen cents . . .
. . . The activities prohibited as being “unfair labor practices” are defined in section 447.501 of the Florida . . . jurisdiction, those activities which “arguably” constitute unfair labor practices as defined by section 447.501 . . . This is an unfair labor practice “arguably” embraced by section 447.501(2) of the Florida Statutes falling . . . that such actions “constitute labor activities ‘arguably’ embraced within the provisions of section 447.501 . . . Section 447.501(2), provides, in relevant part: (2) A public employee organization or anyone acting in . . .
. . . The union filed a ULP alleging that the state had violated sections 447.501(l)(a), (c) and (f), Florida . . . while the former layoff rule was still in effect, its ULP has stated a prima facie violation of section 447.501 . . .
. . . However, in a rather puzzling move, the hearing officer inexplicably relied on section 447.501(l)(c) . . . Section 447.501(l)(c) of the Florida Statutes, which prohibits a public employer from refusing to bargain . . . that the union did not propose any conclusions in their proposed final order relating to a section 447.501 . . . To the contrary, the union’s case rested primarily on sections 447.501(l)(a) and (b), which involve interfering . . .
. . . CA-2003-008 and CA-2003-011) under section 447.501(l)(a) and (e), Florida Statutes (2003). . . .
. . . Section 447.501(l)(c), Florida Statutes, defines, in relevant part, an unfair labor practice, which is . . . Commission (PERC) is to investigate and resolve charges of unfair labor practices, as defined under sec. 447.501 . . . lacks authority to determine whether the School Board’s conduct constitutes a violation of Section 447.501 . . .
. . . The Union then filed an unfair labor practice charge, alleging Appellant violated section 447.501(l)( . . . impasse resolution proceedings, constitutes an unfair labor practice within the meaning of section 447.501 . . . legislative body without violating the mandatory duty to bargain in good faith pursuant to section 447.501 . . . public employees, and is further prohibited from refusing to bargain collectively in good faith. § 447.501 . . .
. . . bargaining agent for a unit of GOAA’s employees, filed an unfair labor practice charge pursuant to section 447.501 . . . Section 447.501(1), Florida Statutes, provides that [pjublic employers or their agents or representatives . . .
. . . Appellant filed an unfair labor practice charge with PERC asserting that Appellee had violated section 447.501 . . .
. . . The activities prohibited as being “unfair labor practices” are defined in section 447.501 of the Florida . . . jurisdiction, those activities which “arguably” constitute unfair labor practices as defined by section 447.501 . . . her claim against the Union does not fall within the exclusive jurisdiction of PERC because section 447.501 . . . In reaching this conclusion we are first persuaded that the broad language of section 447.501(2)(a) is . . . Section 447.501(2) provides: 447.501 Unfair Labor Practices.— (2) A public employee organization or anyone . . .
. . . Thus, the hearing officer concluded that the City did not violate section 447.501(l)(a) and (c) “by unilaterally . . .
. . . At the hearing, appellants argued that the City violated Section 447.501(l)(a) and (b), Florida Statutes . . .
. . . charge against appellee Miami-Dade County before PERC alleging that the County violated paragraphs 447.501 . . .
. . . The question presented is whether a section 447.501(l)(a) violation occurs when a public employer insists . . . In the absence of such a right, there can be no unfair labor practice under section 447.501. . . .
. . . . §§ 447.501(l)(a),(b), Fla. Stat. (Supp.1996). . . . The hearing officer’s recommended order concluded that the Town did not violate sections 447.501(l)(a . . .
. . . employer, the Florida Department of Juvenile Justice, he alleged that the Department violated section 447.501 . . . forth the requirements necessary to establish a prima facie charge alleging a violation of section 447.501 . . .
. . . CWA, has brought charges against the employer alleging unfair labor practices in violation of section 447.501 . . . deciding that PERC has jurisdiction over charges alleging unfair labor practices that violate section 447.501 . . . -96-020, alleging that the City breached its duty to bargain in good faith, in violation of section 447.501 . . . Beach Junior College, specifically, that the City failed to bargain in good faith, and violated section 447.501 . . .
. . . discharged or discriminated against a public employee for filing charges or giving testimony under section 447.501 . . .
. . . Such act constitutes a per se violation of subsections 447.501(l)(a) and (c). . . .
. . . Order of the Public Employees Relations Commission (PERC) which found that the County violated section 447.501 . . .
. . . decision held that the school board committed an unfair labor practice within the meaning of section 447.501 . . . According to the charge, the school board committed an unfair labor practice within the meaning of section 447.501 . . .
. . . LAW A unilateral underfunding of a collective bargaining agreement is a per se violation of section 447.501 . . .
. . . ambiguous; and (3) found that the City had committed an unfair labor practice proscribed by section 447.501 . . . circumstances and its finding that the City did not commit any unfair labor practices under section 447.501 . . .
. . . Employees Relations Commission (“PERC”), asserting that Pembroke violated Florida Statute Sections 447.501 . . . concluding, inter alia, that the Town engaged in an unfair labor practice within the meaning of Section 447.501 . . . which this policy applies, caused by an occurrence which takes place during the policy period. . §§ 447.501 . . .
. . . union then filed an unfair labor practice charge against the college, alleging violations of Sections 447.501 . . . demand bargaining prior to the July 25 meeting, and, as a result, the college did not violate section 447.501 . . .
. . . (3) and that section 447.501(2)(f) is unconstitutional. . . . (3) and did not constitute an unfair labor practice in violation of section 447.501(2)(f). . . . 2)(f) and 447.501(3) was clearly erroneous as a matter of law; (2) section 447.501(2)(f) is violative . . . Furthermore, Section 447.501(2)(f) is over-broad. Accordingly, it is ORDERED: 1. . . . Defendants are enjoined from enforcing Section 447.501(2)(f), Florida Statutes. 4. . . .
. . . Section 447.501(l)(a) provides that it is an unfair labor practice for a public employer to “interfer . . .
. . . concluded that further assessments without proper authorization would constitute a violation of section 447.501 . . .
. . . Commission (PERC) upholding the hearing officer’s determination that the appellant violated Section 447.501 . . .
. . . filed an unfair labor-practice charge with the Commission, alleging that the College violated section 447.501 . . .
. . . the City’s failure to bargain on the subject is, ipso facto, an unfair labor practice under Section 447.501 . . . Section 447.501 provides: "Unfair labor practices.— "(1) Public employers or their agents or representatives . . . Finding that the City had committed the unfair labor practices proscribed by Section 447.501(l)(a) and . . . Section 447.501 provides: Unfair labor practices.— (1) Public employers or their agents or representatives . . .
. . . law in the recommended order, and concluded that the School District of Lee County “violated section 447.501 . . . PERC’s order further concluded that the school district “violated Section 447.501(l)(a) by removing SPALC . . . supporter” and that the school district “knew or should have known that its actions violated section 447.501 . . . (b) Violating Section 447.501(l)(a) by removing or causing the removal of any organizational material . . . , ordered the school board to cease and desist from ... violating section 447.501(l)(a) by preventing . . . The order did not find as urged by appellant, but found that the School Board violated Section 447.501 . . .
. . . In proving a violation of section 447.501(l)(a), an employee must show that his or her otherwise protected . . . In his recommended order, the hearing officer held that a party charging a violation of section 447.501 . . . To hold that the employer’s motive is not a critical element in establishing a violation of section 447.501 . . . Under section 447.501, Unfair labor practices, (1) Public employers or their agents or representatives . . . The court noted that section 447.501(l)(b) reflected the strong influence of a section of the NLRA that . . .
. . . issue here, the unions filed an unfair labor practice charge with PERC, alleging violations of section 447.501 . . . Law Implemented 447.-201, 447.107, 447.401, 447.501, 447.503, FS. History-New. . . .
. . . and merit pay increases from union employees on and after October 1, 1984 was a violation of section 447.501 . . . refusal to bargain in good faith with the union from October 1, 1984 onward was a violation of section 447.501 . . . The Commission concluded that the hearing officer erred in finding a violation of section 447.501, dismissed . . . We thus find no violation of Section 447.501(l)(a) of (b). . . . We thus find no violation of Section 447.501(l)(a) or (b). . . .
. . . Employees Relations Commission (PERC) found that the City’s action was an unfair labor practice (section 447.501 . . . alters any of these mandatory subjects of collective bargaining commits an unfair labor practice. § 447.501 . . .
. . . & O filed an unfair labor practice (ULP) charge against PSTA alleging various violations of section 447.501 . . .
. . . charge with the Public Employees Relations Commission (PERC), alleging that the Town violated section 447.501 . . . PERC entered an order on March 12, 1981, finding that the Town had violated section 447.501(l)(a), (b . . .
. . . representative, or exigent circumstances requiring immediate action, constitutes a per se violation of Sections 447.501 . . .
. . . grievances against the Town, the Town engaged in an unfair labor practice within the meaning of Section 447.501 . . . labor organization for filing grievances against the defendant, TOWN, in violation of Florida Statute 447.501 . . .
. . . of employees represented by a certified bargaining agent constitutes a per se violation of Sections 447.501 . . .
. . . The order found that the Authority had committed unfair labor practices in violation of sections 447.501 . . . Section 447.501(l)(c). The Authority did not violate that duty. . . . Types of unfair labor practices are listed in section 447.501(1). . . .
. . . Union filed unfair labor practice charges against the City alleging that the City had violated Section 447.501 . . .
. . . for a ratification vote, Local 2432 committed an unfair labor practice within the meaning of Section 447.501 . . . the proposed agreement to writing constituted an unfair labor practice within the meaning of Section 447.501 . . .
. . . Appellee filed an unfair labor practice charge against appellant alleging a violation of section 447.501 . . . The hearing officer’s recommended order found that the County violated sections 447.501(l)(a) and (c) . . . The officer also found that the County violated section 447.501(l)(c) by unilaterally changing, after . . . The Commission found that “The County, acting through its duly authorized agents, violated Section 447.501 . . .
. . . collective bargaining agreement, and applicable to all bargaining unit members, was violative of Sections 447.501 . . . Delaney filed an unfair labor practice charge which alleged that the City of Hialeah had violated Section 447.501 . . . order in which he concluded that the maintenance of the union time pool provision violated Section 447.501 . . . concluding that the City committed an unfair labor practice, the hearing officer relied upon Sections 447.501 . . . Therefore, a construction of Sections 447.501(l)(a) and 447.-301(1) which permits a certified union and . . .
. . . PERC’s order and the hearing officer's recommended order are reported at 9 FPER ¶ 14120. . 447.501 Unfair . . .
. . . does process such a grievance to arbitration at the individual’s request it might well violate Section 447.501 . . .
. . . whether the PBA had supported the Homestead police officers’ strike and had thereby violated sections 447.501 . . . Section 447.501(2)(e), Florida Statutes (1979), provides: A public employee organization or anyone acting . . .
. . . III.The interpretation with respect to the facts of this case of Section 447.501(2), Florida Statutes . . . Both the Union and the employer are precluded, by virtue of Section 447.501(2), Florida Statutes, from . . . NLRA, Section 8, 29 United States Code, Section 158(c); Section 447.501(3), Florida Statutes. . . . public employee’s rights and of what constitutes conduct interfering with those rights under Section 447.501 . . . (emphasis added) By comparison, Section 447.501(2)(a), Florida Statutes, provides: (2) A public employee . . .
. . . an employer’s decision, the discriminatees have proved a prima facie case of a violation of Sections 447.501 . . .
. . . and the union filed an unfair labor practice charge alleging that the hospital had violated Section 447.501 . . . officer issued an order recommending that the commission find the hospital had not violated Section 447.501 . . .
. . . the position of lieutenant and that its refusal eonstitutéd an unfair labor practice under section 447.501 . . . Section 447.501, dealing with unfair labor practices, provides: (1) Public employers or their agents . . .
. . . Palm Beach refused to bargain collectively in good faith with United Faculty in violation of Section 447.501 . . .
. . . Similarly, in Leon County CTA, the Commission determined that the School Board violated Section 447.501 . . . does process such a grievance to arbitration at the individual’s request it might well violate Section 447.501 . . .
. . . DTA filed unfair labor practice charges against the School Board and UTD under section 447.501(l)(a) . . . materials from all-purpose school bulletin boards was an unfair labor practice in violation of section 447.501 . . . appeal is whether the two School Board rules are unfair labor practices within the definition of section 447.501 . . . The unfair labor practice charges against the School Board and UTD in this case stem from section 447.501 . . .
. . . for the reasons specified in the discharge notice, and that the City had therefore violated sections 447.501 . . . hearing officer’s ultimate finding of motivation and found that indeed, the City had violated section 447.501 . . . ascertaining the powers and functions of the board and have complained of the vagueness of the statute. . § 447.501 . . .
. . . within the meaning of Chapter 447, and that the prohibition against solicitation of students in Section 447.501 . . . Appellee asserts that Section 447.501(2)(f) (1981) makes it an unfair labor practice for a union to involve . . . Board of Regents, 3 FPER 304 (1977) when it held: The clear purpose and intent of Section 447.501(2)( . . . Whether such solicitation be desirable or undesirable, it does not transgress the prohibition of Section 447.501 . . .
. . . He alleges that § 447.501, F.S., along with PERC’s interpretation of the same, effectively denies him . . .
. . . the employer make a unilateral change in city ordinances covering pensions without violating Section 447.501 . . .
. . . The city was charged with violating section 447.501(l)(a) and (b), Florida Statutes (1977), by refusing . . .
. . . employees it had subpoenaed, filed against the College an unfair labor practices charge pursuant to Section 447.501 . . .
. . . Appellee contended that the Union’s conduct violated section 447.501(2)(a), Florida Statutes (1979), . . . instant unfair labor practice complaint; (2) The Union engaged in an unfair labor practice under section 447.501 . . . by section 447.301(1), Florida Statutes, thereby engaging in an unfair labor practice under section 447.501 . . . notice to non-union members while providing notice to its own members and that this violated section 447.501 . . . Section 447.501(2) provides: A public employee organization or anyone acting in its behalf ... is prohibited . . .
. . . during the pend-ency of collective bargaining negotiations constituted a per se violation of Section 447.501 . . . (l)(c), Florida Statutes (1977), and a violation of Section 447.501(l)(a), Florida Statutes (1977). . . . PERC found that City’s refusal to bargain constituted an unfair labor practice under § 447.501(l)(c) . . .
. . . The particular section invoked by the Commission states: 447.501 (1) Public employers or their agents . . . alleging that the City of Orlando had engaged in an unfair labor practice within the meaning of Sections 447.501 . . . public entity to bargain collectively and in good faith but this would seem to be a violation of Section 447.501 . . . (l)(c) rather than Section 447.501(l)(a), Florida Statutes. . . . The City was found to be in violation of Section 447.501(l)(a), Florida Statutes. . . .
. . . Florida Statute § 447.501(2) proscribes conduct on the part of an employee organization “interfering . . .
. . . BCCFT threatened not to bargain in good faith, (b) that BCCFT solicited employees in violation of §§ 447.501 . . . Finally, the College maintains that PERC erred in finding it guilty of violating Section 447.501(1)(a . . .
. . . .” § 447.501(3), Fla.Stat. (1977). . . .
. . . Board of Indian River County, had engaged in an unfair labor practice within the meaning of Section 447.501 . . .
. . . Section 447.501(f), Florida Statutes (1977). . . . collective bargaining agreement is per se an unfair labor practice under subparagraph (f) of Section 447.501 . . .
. . . solicitation and distribution in support of OWHEA’s organizational effort is foundéd on PERA’s Section 447.501 . . . organizers, are discrimina-torily denied access to an employer’s facilities, the employer violates Section 447.501 . . .
. . . grounds that, as a matter of law, students were not under PERC’s jurisdiction due to the provisions of § 447.501 . . . hearing and order, finding that graduate assistants are both students and public employees and that § 447.501 . . . definition in § 447.-203(3), since they were not barred from collective bargaining by the provisions of § 447.501 . . . The Board argues that since the graduate assistants are primarily students, § 447.501(2)(f), pertaining . . . The last, Section 447.501(2)(f) describes a prohibited unfair labor practice and, specifically, provides . . . for its activities from such students in institutions of higher learning as an unfair labor practice [447.501 . . . Looking to the intent of the Legislature in enacting Section 447.501(2)(f), the Commission declared in . . . its final order: “The clear purpose and intent of Section 447.501(2)(f) is to prohibit employee organizations . . . declaring graduate assistants to be “public employees”, I feel the specific prohibition of Section 447.501 . . .
. . . 2) of Chapter 447, Part II, Florida Statutes 1975 and engaging in unfair labor practices under F.S. 447.501 . . . However, when F.S. 447.016 appeared in the 1974 Supplement to the Florida Statutes (as F.S. 447.501) . . .