CopyCited 70 times | Published | Florida 1st District Court of Appeal | 96 L.R.R.M. (BNA) 3347
...The Board argues it has been prejudiced by the General Counsel's prosecution of the unfair labor practices, contending there is no specific statutory authority under PERA permitting PERC to prosecute such charges. The Board is correct that there is no such explicit statutory authority. Section 447.503(1), Florida Statutes (1975), authorizes the Commission, or its agent, to conduct a preliminary investigation to determine whether there is substantial evidence indicating a prima facie violation of an applicable unfair labor practice provision....
CopyCited 20 times | Published | Supreme Court of Florida | 109 L.R.R.M. (BNA) 2509, 1980 Fla. LEXIS 4101
...Sperry, supra,
140 So.2d at 591. The Bar contends that ULP charges affect important legal rights surrounding the management-union relationship. We agree. These are serious allegations which mandate a hearing upon the finding of a prima facie violation. Section
447.503(3)(a), Florida Statutes (1975). As a result of evidence produced at the hearing PERC may enter a cease and desist order or require positive action, including reinstatement of employees with or without back pay. Section
447.503(4)(a), Florida Statutes (1975). These orders are subject to appellate review in the district courts of appeal. Section
447.503(5), Florida Statutes (1975). They are enforceable by petition to the district courts which may also provide injunctive relief based on the agency action. Section
447.503(6)(a), Florida Statutes (1975)....
CopyCited 15 times | Published | Florida 1st District Court of Appeal | 100 L.R.R.M. (BNA) 2623
...elations Act (PERA) as it existed in 1976 did not provide Seitz with standing to bring the charge nor did PERA contain the necessary language to provide Seitz with a substantive right to a union representative at a principal's conference. In 1976, F.S. 447.503(1) authorized unfair labor practice proceedings "[w]henever it is charged by an employer or an employee organization ..." (emphasis supplied)....
...at rule since it was invalid. A rule cannot be contrary to, nor enlarge, the provisions of the Florida Statutes. Therefore, Seitz did not have standing to bring an unfair labor practice charge in 1976. PERC urges that Chapter 77-343, which amended F.S. 447.503(1), by allowing an unfair labor practice charge to be brought by a public employee is remedial and should be given retrospective effect....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
...It was specifically created to "assist in resolving disputes between public employees and public employers." §
447.201(3), Fla. Stat. (1977). In remedying unfair labor practices, it is entitled to order such action "as will best implement the general policies expressed in this part." §
447.503(6)(a), Fla....
CopyCited 9 times | Published | Florida 1st District Court of Appeal
...The hospital makes no argument and the record does not show that there was unfairness or material error as a result of the delay. Second, the hospital argues that PERC does not have the statutory authority to prosecute unfair labor practice cases. Under the statute as it existed at the time, Section 447.503, Florida Statutes (1975), [1] was silent as to the grant of any specific authority to prosecute unfair labor practice charges following the investigation and filing of a complaint, although Fla....
...opriate agency discretion. This may only be done on a case-by-case basis." PERC's order as amended is affirmed in part and reversed in part. Its petition for enforcement, as modified, is granted. MILLS, Acting C.J., and MELVIN, J., concur. NOTES [1] Section 447.503 was amended by Ch....
CopyCited 9 times | Published | District Court, M.D. Florida | 1976 U.S. Dist. LEXIS 14146
...§
447.201, et seq., the Court should dismiss this claim because plaintiffs have an available administrative remedy pending, which they have not exhausted. Plaintiffs commenced this action on June 1, 1976. On June 10, 1976, plaintiffs filed an unfair labor practice charge, pursuant to Fla.Stat. §
447.503, with the Public Employees Relations Commission, the state administrative agency charged with administering the statute....
...ruling on this claim pending the outcome of *1361 state administrative proceedings. Railroad Commission of Texas v. Pullman Co.,
312 U.S. 496, 501,
61 S.Ct. 643,
85 L.Ed. 971 (1941). Abstention might well be warranted if the provisions of Fla.Stat. §
447.503 were the only state statutory remedy available to plaintiffs....
...t court by pendent jurisdiction) for private parties, rather than the state administrative agency, to bring actions for injunctive relief in extraordinary situations as a matter of right prior to setting in motion the administrative procedures under Section 447.503....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 96 L.R.R.M. (BNA) 2948
...ection for collective bargaining purposes. Section
447.305(1). Other employee organizations, though they have standing to timely request inspection of signature cards submitted under Section
447.307(2) and to complain of unfair labor practices under Section
447.503, have no statutory right of participation in an employee election....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 9 Educ. L. Rep. 767
...passe. Because there is no statutory procedure afforded the public employee to bring pressure upon an employer to make concessions in collective bargaining, either through a strike or binding arbitration, PERC has been provided broad authority under Section 447.503, as a means of allaying a significant imbalance of bargaining power in favor of the employer....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...of whom were not union members, we cannot say that PERC abused its discretion in determining that the lack of notice to non-union employees significantly affected the election and in ordering a new election to remedy the unfair labor practice. Sec. 447.503(6)(a), Fla....
...iding notice to its own members and that this violated section
447.501(2)(a). Since this conclusion is based on competent, substantial evidence, we find no error. Lastly, appellant complains of error in the award to appellee of attorney's fees under section
447.503(6)(c)....
.... [9] Title 29 U.S.C. § 151 et seq., (1974). [10] 29 U.S.C. § 158(b)(1)(A), which is the counterpart to section
447.501(2)(a), Florida Statutes. [11] 29 U.S.C. § 157, which is the Federal counterpart to section
447.301(1), Florida Statutes. [12] §
447.503(6)(c): The commission may award to the prevailing party all or part of the costs of litigation, reasonable attorney's fees, and expert witness fees whenever the Commission determines that such an award is appropriate....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 109 L.R.R.M. (BNA) 2708
...Finally, appellant contends that the portion of the Commission's order which requires the City to cease bad-faith bargaining is unsupported by a finding of substantial evidence, and hence exceeds the Commission's remedial powers. The City was found to be in violation of Section
447.501(1)(a), Florida Statutes. Pursuant to Section
447.503(6)(a), the Commission issued a cease and desist order and required the City to post a notice which read in part: WE WILL NOT condition our resolution of impasse issues upon the acceptance by the certified bargaining agent of the terms of our resolution....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 14626, 2006 WL 2516358
...As a result, the School District contends that PERC properly dismissed the amended charge. In order to sustain an unfair labor practice charge, the law requires that the charge and supporting documents provide evidence to support a prima facie violation of the unfair labor practice alleged. § 447.503(1), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...In 1977 the legislature amended Section
447.303, and it is now perfectly clear that dues deductions shall commence upon written request and shall be in force as long as the organization remains the certified bargaining agent for the employees. Chapter 77-343, § 10, Laws of Florida. Section
447.503(4)(a), Florida Statutes (Supp....
...with or without back pay, as will effectuate the policies of this part." In this case, the Commission ordered the Board to take the positive action of instituting dues deductions at a cost which the Board had previously agreed was reasonable. Under Section 447.503(4)(a), PERC had the authority to issue such an order....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 8933, 2011 WL 2328306
...A "factually deficient charge cannot be cured by resorting to the supporting documents." Jacksonville Supervisors Ass'n, 25 FPER ¶ 30289 at 579. If the charge is sufficient, a hearing will be held, but if it is insufficient, the commission "may issue a summary dismissal of the charge." § 447.503(2)(a),(b), Fla....
...letter exchanges which were included with the charge added additional detail to the already sufficient allegations upon which the Commission's general counsel was permitted to rely upon in his determination as to the sufficiency of the charge under section 447.503(1)....
...Lastly, the District argues that the Commission erred in awarding the Union its attorney's fees and costs associated with the action. We review the Commission's decision by the abuse of discretion standard. See Int'l Bhd. of Painters & Allied Trades v. Anderson,
401 So.2d 824, 831 (Fla. 5th DCA 1981). Section
447.503(6)(c), Florida Statutes (2009), authorizes the commission to award attorney's fees and costs of litigation to a prevailing party when it determines such an award is appropriate....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...Even though the City is seeking a declaration with respect to action which has not yet been taken, the making of such a determination would be equivalent to passing on the question of whether the particular activity constituted an unfair labor practice. [1] Fla. Stat. § 447.503 (1974) vests PERC with jurisdiction to determine unfair labor practices....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2001 WL 1048510
...47, Part II of the Florida Statutes; commonly known as the Public Employees Relations Act (the Act). Under the Act, the Legislature created PERC, and empowered that administrative agency "to settle disputes regarding alleged unfair labor practices." § 447.503, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1977 Fla. App. LEXIS 16062
...251,
95 S.Ct. 959,
43 L.Ed.2d 171 (1975). [3] After the Board's dismissal proceedings began, but before the hearing, Seitz filed with PERC an unfair labor practice charge alleging the Board's proceedings coerced her in the exercise of a PERA-secured right. Section
447.503, Florida Statutes (1975)....
...ion to an interview which he reasonably fears may result in his discipline... ."
420 U.S. at 256,
95 S.Ct. at 963,
43 L.Ed.2d at 177. [4] Neither do we pass on the question of Seitz' standing before PERC to file the unfair labor practice charge. See §
447.503(1), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2013 WL 3770839, 196 L.R.R.M. (BNA) 2439, 2013 Fla. App. LEXIS 11461
...nge the “status quo” between the parties, but if it is later determined in a ULP proceeding that no financial urgency existed or that the changes were not required to address the financial urgency, PERC has broad authority to remedy the ULP. See § 447.503(6), Fla....
...s were justified under section
447.4095 once the charging party presents a prima facie case that the local government committed a ULP by unilaterally modifying the CBA. The standard of proof is a preponderance of the evidence. See §§
120.57(l)(j),
447.503, Fla....
CopyCited 3 times | Published | Supreme Court of Florida
...mission), to delegate an unfair labor practice charge to an arbitrator. When such a charge is, in fact, based on an unfair labor practice as set forth in section
447.501, Florida Statutes (1985), PERC has no authority to delegate its responsibility. Section
447.503 clearly sets forth PERC's duty in this context: "It is the intent of the Legislature that the commission act as expeditiously as possible to settle disputes regarding alleged unfair labor practices." (emphasis added)....
...y and regularly, or (b) The dispute was not resolved by the arbitration award, or (c) The result reached by the arbitrator was repugnant to Chapter 447, Part II, FS. Specific Authority
447.207, FS. Law Implemented
447.201, 447.107,
447.401,
447.501,
447.503, FS....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1989 WL 6162
...The reason for requiring this broad scope of negotiations is: "Because there is no statutory procedure afforded the public employee to bring pressure upon an employer to make concessions in collective bargaining, either through a strike or binding arbitration, PERC has been provided broad authority under Section
447.503, as a means of allaying a significant imbalance of bargaining power in favor of the employer."
425 So.2d at 140....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 97 L.R.R.M. (BNA) 3121
...that while there was some overlap between management rights and working conditions, he refused to negotiate the "overlap" areas. On 16 August DTU requested that the Commission petition the circuit court for injunctive relief in this case pursuant to Section 447.503(3)(b) of the Act....
...eflected by its conduct and the above plan of action, was to avoid its statutory responsibility to bargain in good faith. We hold that there was competent substantial evidence to support PERC's finding that the Board failed to bargain in good faith. Section 447.503(4)(a), Florida Statutes (1975), states: "If, upon consideration of all the evidence taken, the commission finds substantial evidence that an unfair labor practice has been committed, it shall .....
...gh the statutory impasse procedures." It is clear that if impasse proceedings could be used by an employer to circumvent its duty to bargain in good faith, the purpose of the Act would be defeated. We therefore hold that PERC had the authority under Section 447.503(4)(a) to order the Board to bargain in good faith over monetary benefits for 1976-77....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 3257, 2012 WL 635929
...s labor union. We reverse, concluding that the Public Employees Relations Commission (“Commission”) erred when it determined that Capo’s hybrid unfair labor charge, based on his union’s processing of his grievance, was not timely filed under section 447.503(6)(b), Florida Statutes....
...f September 23, 2010, and were factually sufficient to proceed to an evidentiary hearing. However, claims based on events occurring pri- or to March 21, 2010 — including the grievance timeliness issue — were summarily dismissed as untimely under section 447.503(6)(b), Florida Statutes, which generally provides that a charge is untimely if it is based on an alleged unfair labor practice which occurred more than six months prior to the filing of the charge....
...charge because he initiated a “hybrid” action against both the Union and DCF. The Commission reasoned that the adoption of the hybrid theory would effectively result in an unauthorized tolling of *1119 the six-month statute of limitations under section 447.503(6)(b) for the dismissed portion of the amended charge....
...construction is harmonious with the spirit and policy of Florida legislation on the subject.” United Faculty of Fla. v. Pub. Employees Emp. Relations Comm’n,
898 So.2d 96, 101 (Fla. 1st DCA 2005) (citation and internal quotation marks omitted). Section
447.503(6)(b), Florida Statutes, sets forth a six-month limitations period for bringing an unfair labor practice charge....
...e commission shall issue an order dismissing the case, unless the person filing the charge was prevented from doing so by reason of service in the Armed Forces, in which case the 6-month period shall run from the date of the person’s discharge.” § 447.503(6)(b), Fla. Stat. The language in section 447.503(6)(b) is substantively indistinguishable from the corresponding limitations period in the Na *1120 tional Labor Relations Act....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit
described in Florida Statute §
447.503. Its jurisdiction is defined in §
447.503(6)(a) as follows: (6)(a)
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2006 WL 162722
....C. Therefore, the DOT did not violate Article 8 of the Master Contract." The union filed a ULP alleging that the state had violated sections
447.501(1)(a), (c) and (f), Florida Statutes (2001). PERC's general counsel reviewed the charge pursuant to section
447.503(2) and rule 60CC-5.002....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 18048
...employee organizations (unions) representing employees in Florida. Under PERA,
the Florida Legislature created the Florida Public Employees Relations
Commission (“PERC”), and empowered PERC “to settle disputes regarding
alleged unfair labor practices.” § 447.503, Fla....
...lawsuit.
Thus, as the trial court recognized, it lacked subject matter jurisdiction over the
appellants’ claims.
II. The appellants’ claims were also time-barred
The jurisdictional statute of limitation to file a PERC complaint under
section 447.503(6)(b) is six months....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...actual findings by hearing officers. Our consideration of the text of the order appealed, as well as all decisional guidelines, supports a conclusion that PERC fully performed its statutory duties in a manner complying with due process requirements. § 447.503(4)(a)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...ion knew or should have known of the dearth of evidence of anti-union animus on the hospital's part, and that the charge was frivolous. Regarding the second issue, we hold that the commission did not abuse its discretion in awarding attorney's fees. Section 447.503(6)(c), Florida Statutes (1981), provides: The commission may award to the prevailing party all or part of the costs of litigation, reasonable attorney's fees, and expert witness fees whenever the commission determines that such an award is appropriate....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...The agency order is based upon findings which are supported by competent, substantial evidence in the record. Pasco County School Board v. Florida Public Employees Relations Commission,
353 So.2d 108 (Fla. 1st DCA 1977); §
447.504(2), Fla. Stat. (1979). The award of attorneys' fees under Section
447.503(6)(c), Florida Statutes (1979), has not been shown by appellant to have been an abuse of discretion by PERC....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2006 WL 1479789
...art II of the Florida Statutes; commonly known as the Public Employees Relations Act (the Act). Under the Act, the Legislature created PERC, and empowered that administrative agency "to settle disputes regarding alleged unfair labor practices." *814 § 447.503, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...Among them [subsection (2)(e)] is the following: "Participating in a strike against the public employer by instigating or supporting, in any positive manner, a strike. Any violation of this paragraph shall subject the violator to the penalties provided in this part." Section 447.503 sets forth the procedure for PERC's dealing with charges of unfair labor practices that are filed with it....
...From this, CTA concludes and argues that since a strike is an unfair labor practice, PERC is limited to dealing with it to only investigating and acting upon charges that are filed and in the absence of a charge PERC has no power to proceed. We must look not only to §
447.501 and §
447.503 for answer to this question, however....
...n when a strike is involved. It appears clear that, having added this section dealing specifically with strikes, the legislature intended, as to strikes, that the commission investigate and act on its own motion under §
447.507 or that it act under §
447.503 upon complaint of another....
CopyCited 1 times | Published | Supreme Court of Florida | 33 I.E.R. Cas. (BNA) 1783, 37 Fla. L. Weekly Supp. 411, 2012 Fla. LEXIS 1131, 2012 WL 2036002
...Section
447.501(l)(d) provides: Public employers or their agents or representatives are prohibited from discharging or discriminating against a public employee because he or she has filed charges or given testimony under this part. §
447.501(l)(d), Fla. Stat. (2008). Section
447.503, Florida Statutes (2008), outlines the requirements for filing a ULP complaint, including that the complaint “shall contain a clear and concise statement of facts constituting the alleged unfair labor practice,” make specific reference to the provisions alleged to have been violated, *218 and be accompanied by sworn statements and documentary evidence sufficient to establish a prima facie violation. §
447.503(1), Fla. Stat. (2008). Section
447.503 then requires that PERC “review the charge to determine its sufficiency.” §
447.503(2), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2014 WL 51693, 198 L.R.R.M. (BNA) 2174, 2014 Fla. App. LEXIS 161
...Unless allowed by law, a unilateral change in a term or condition of employment constitutes an unfair labor practice. Commc’ns Workers of Am. v. Indian River Cnty. Sch. Bd.,
888 So.2d 96, 100 (Fla. 4th DCA 2004). PERC is statutorily authorized to correct an unfair labor practice through a variety of options. See §
447.503(6), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 14138, 2011 WL 3903103
...Only a willing suspension of belief would liberate us to accept UTD's urging of a different or contrary finding. Although PERC correctly determined UTD committed an unfair labor practice, it erred in denying Beightol an award of attorney fees and costs. Under section 447.503(6)(c), Florida Statutes (2010), "the commission may award to the prevailing party all or part of the costs of litigation, reasonable attorney fees, and expert witness fees whenever the commission determines that such an award is appro...
CopyPublished | District Court of Appeal of Florida | 42 Educ. L. Rep. 679, 12 Fla. L. Weekly 2229, 1987 Fla. App. LEXIS 12173
...g] where it had been placed by a SPALC supporter” and that the school district “knew or should have known that its actions violated section
447.501(l)(a), and therefore the SPALC is entitled to appropriate attorney’s fees and costs pursuant to Section
447.503(6)(c), in an amount to be determined.” PERC’s order directed, in paragraph (1), that the school district cease and desist from: (a)Violating Section
447.501(l)(a) by preventing employees from exercising their right to engage in su...
...That section, defining “unfair labor practices,” prohibits public employers from “interfering with, restraining, or coercing public employees in the exercise of any rights guaranteed them under this part” (meaning part II, which includes sections
447.503 and
447.509)....
...ATTORNEY’S FEES The record supports the finding that the board’s supervisory personnel knew or should have known that at least some of the actions taken against employee Barn-house violated section
447.501(l)(a), and that SPALC is entitled to an award of attorney’s fees and costs pursuant to section
447.503(6)(c)....
CopyPublished | Florida 1st District Court of Appeal
...uilding] where it had been placed by a SPALC supporter" and that the school district "knew or should have known that its actions violated section
447.501(1)(a), and therefore the SPALC is entitled to appropriate attorney's fees and costs pursuant to Section
447.503(6)(c), in an amount to be determined." PERC's order directed, in paragraph (1), that the school district cease and desist from: (a) Violating Section
447.501(1)(a) by preventing employees from exercising their right to engage in suppo...
...). That section, defining "unfair labor practices," prohibits public employers from "interfering with, restraining, or coercing public employees in the exercise of any rights guaranteed them under this part" (meaning part II, which includes sections
447.503 and
447.509)....
...ATTORNEY'S FEES The record supports the finding that the board's supervisory personnel knew or should have known that at least some of the actions taken against employee Barnhouse violated section
447.501(1)(a), and that SPALC is entitled to an award of attorney's fees and costs pursuant to section
447.503(6)(c)....
CopyPublished | Florida 3rd District Court of Appeal | 96 L.R.R.M. (BNA) 3052, 1977 Fla. App. LEXIS 16690
employees. Chapter 77-343, § 10, Laws of Florida. Section
447.503(4)(a), Florida Statutes (Supp.1974) provides
CopyPublished | District Court of Appeal of Florida | 99 L.R.R.M. (BNA) 3440, 1978 Fla. App. LEXIS 17047
...The hospital makes no argument and the record does not show that there was unfairness or material error as a result of the delay. Second, the hospital argues that PERC does not have the statutory authority to prosecute unfair labor practice cases. Under the statute as it existed at the time, Section 447.503, Florida Statutes (1975), 1 was silent as to the grant of any specific authority to prosecute unfair labor practice charges following the investigation and filing of a complaint, although Fla.Admin....
...ppropriate agency discretion. This may only be done on a case-by-case basis.” PERC’s order as amended is affirmed in part and reversed in part. Its petition for enforcement, as modified, is granted. MILLS, Acting C. J., and MELVIN, J., concur. . Section 447.503 was amended by Ch....
CopyPublished | District Court of Appeal of Florida | 163 L.R.R.M. (BNA) 2252, 1998 Fla. App. LEXIS 14808, 1998 WL 933218
...Thus, the Board’s position on employee discipline and its final action in resolving this impasse issue did not constitute an unfair labor practice. Id. at 340. In view of the foregoing, we reverse PERC’s final order and remand for the entry of a final order finding the Board did not commit an unfair labor practice under section 447.503....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1107, 1985 Fla. App. LEXIS 13840
Officer’s discussion of the legislative history of Section 447.-503(4)(e), [sic] Florida Statutes (1981), is essentially
CopyPublished | Florida 4th District Court of Appeal
...employees in Florida.” Amato v. City of Miami Beach,
208 So. 3d 235, 237
(Fla. 3d DCA 2016). “Under PERA, the Florida Legislature created [PERC],
and empowered PERC ‘to settle disputes regarding alleged unfair labor
practices.’” Id. (quoting §
447.503, Fla....
CopyPublished | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 19546
...The agency order is based upon findings which are supported by competent, substantial evidence in the record. Pasco County School Board v. Florida Public Employees Relations Commission,
353 So.2d 108 (Fla. 1st DCA 1977); §
447.504(2), Fla.Stat. (1979). The award of attorneys’ fees under Section
447.503(6)(c), Florida Statutes (1979), has not been shown by appellant to have been an abuse of discretion by PERC....
CopyPublished | Florida 3rd District Court of Appeal
...protracted litigation; 2) as the Appellants seek to individually object to the
Settlement Agreement, the court has no jurisdiction to consider individual attacks
on the collective bargaining procedures or to order payment of accrued wages; 3)
limitation to file a PERC complaint under section 447.503(6) (b) is six months).
Once the Appellants retired in 2014 during the pendency of the enforcement
action, their interests in the enforcement action necessarily became individual
claims, as they were no longer directly represented by t...
CopyPublished | District Court of Appeal of Florida | 9 A.L.R. 4th 1, 102 L.R.R.M. (BNA) 2419, 1979 Fla. App. LEXIS 15180
...the “promulgation” of that memorandum — as distinguished from its “maintenance and enforcement” — was the basis for the unfair labor practice charge, the charge made July 24, 1975, was untimely and PERC’s subsequent complaint violated Section 447.503(4)(d), which forbids any PERC complaint on a charge filed more than six months after the occurrence complained of; 6 and because (b) the restrictions promulgated by the November 1974 memorandum were not enforced, did not inhibit emplo...
...lgation of the November 1974 guidelines, for that occurred even before PERA became effective, and more than six months before OWHEA filed its charge, not mentioning solicitation/distribution restrictions, 7 which PERC added to its ensuing complaint. Section 447.503(4)(d), Florida Statutes (1977), supra fn....
..., absent “special circumstances which make the rule necessary to maintain production or discipline,” when the distribution occurs “only in nonworking areas.” . Babcock & Wilcox,
351 U.S. at 112 ,
76 S.Ct. at 684 ,
100 L.Ed. at 982-83 . . Section
447.503(4)(d): No complaint shall be issued based upon any unfair labor practice occurring more than 6 months prior to the filing of the charge with the commission, unless the person aggrieved thereby was prevented from filing the charge by reason of service in the Armed Forces ....
CopyPublished | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 9571, 2016 WL 3421245
...labor practice charge is filed with [PERC], it may be referred to the General
Counsel or other designated agent.”
2
statement of the facts constituting the alleged unfair labor practice, as required by
section 447.503(1), Florida Statutes (2015)....
...Counsel’s dismissal of the charge related to the Sunshine Law allegations because
a violation of the Sunshine Law is outside of PERC’s jurisdiction. Thus, PERC
affirmed the summary dismissal of her amended charge. This appeal followed.
We affirm. Section 447.503(1) requires the charge to “contain a clear and
concise statement of facts constituting the alleged unfair labor practice.” The
General Counsel, and upon review, PERC, each determined that Allen’s charge
2 Under Florida Admini...
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 4652, 1990 WL 98763
...We recognized in Millard , however, that in our prior decision in Barnes Surgical Specialties, Inc. v. Bradshaw,
549 So.2d 1189 (Fla. 2d DCA 1989), we stated that failure to raise statutory fees did not foreclose a post-judgment request for such fees. Although the entitlement to fees in this case is statutory, see §
447.503(6)(c), Fla.Stat....
CopyPublished | Florida 1st District Court of Appeal
...nding the Board committed an unfair labor practice by refusing to bargain in good faith with the labor organization representing its teachers and directing the Board forthwith to bargain in good faith and to post notices that it will do so. Sections
447.503,
120.68, Florida Statutes (1975)....
...Lansburgh,
217 So.2d 348 (Fla.3d DCA 1969); City of Miami v. City of Coral Gables,
233 So.2d 7 (Fla.3d DCA 1970). Rule 5.12's automatic stay for public agencies conflicts with the Administrative Procedure Act (APA), Section
120.68(3), and more particularly with the Public Employees' Relations Act, (PERA), Section
447.503(8), which provides that judicial review shall not stay a PERC unfair labor practice order "unless specifically ordered by the district court of appeal." In case of conflict between a statute and court rule in respect to matters of judicial procedure, we are admonished to follow the rule....
CopyPublished | District Court of Appeal of Florida | 95 L.R.R.M. (BNA) 3205, 1977 Fla. App. LEXIS 16088
...nding the Board committed an unfair labor practice by refusing to bargain in good faith with the labor organization representing its teachers and directing the Board forthwith to bargain in good faith and to post notices that it will do so. Sections
447.503,
120.68, Florida Statutes (1975)....
...City of Coral Gables,
233 So.2d 7 (Fla.3d DCA 1970). Rule 5.12’s automatic stay for public agencies conflicts with the Administrative Procedure Act (APA), Section 120.-68(3), and more particularly with the Public Employees’ Relations Act, (PERA), Section
447.503(8), which provides that judicial review shall not stay a PERC unfair labor practice order “unless specifically ordered by the district court of appeal.” In case of conflict between a statute and court rule in respect to matters of judicial procedure, we are admonished to follow the rule....
CopyPublished | District Court of Appeal of Florida | 30 Educ. L. Rep. 980, 11 Fla. L. Weekly 300, 1986 Fla. App. LEXIS 6175
justified by exigent circumstances. Pursuant to Section
447.503(6)(a), the Board was ordered to restore the
CopyPublished | Florida 1st District Court of Appeal | 1984 Fla. App. LEXIS 11489
...and the other finding that the P.B.A. had not committed an unfair labor practice. These orders are supported by competent substantial evidence and do not depart from the essential requirements of law. Further, the award of attorneys' fees under *605 Section 447.503(6)(c), Florida Statutes (1981), has not been shown by appellant to have been an abuse of discretion....
CopyPublished | District Court of Appeal of Florida | 92 L.R.R.M. (BNA) 2331, 1976 Fla. App. LEXIS 14624
...Even though the City is seeking a declaration with respect to action which has not yet been taken, the making of such a determination would be equivalent to passing on the question of whether the particular activity constituted an unfair labor practice. 1 Fla.Stat. § 447.503 (1974) vests PERC with jurisdiction to determine unfair labor practices....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 25335
...g a notice to its membership that Da Costa was not a member. 1 Hearing was had, and the hearing officer issued a recommended order in favor of the Union which the Commission adopted. On appeal, the three issues to be addressed are: I. Application of Section 447.503(6)(b), Florida Statutes, which provides: If the commission determines that the alleged unfair labor practice occurred more than 6 months prior to the filing of the charge, the commission shall issue an order dismissing the ease....
CopyPublished | Florida 1st District Court of Appeal | 80 Lab. Cas. (CCH) 54, 078
...termine if there is substantial evidence indicating a prima facie violation, which if found would result in service on the City of formal charges and notice of a hearing "before the commission or a member thereof, or before a designated agent." Sec. 447.503(1) through (3)(a), F.S....
...any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any *1002 public agency." Sec.
119.011(2), F.S. 1975. [2] There can be little doubt that a privately employed or staff investigator acts in behalf of the Commission, a public agency, when pursuant to §
447.503(1) he or she is designated by the Commission to investigate preliminarily a charge of unfair labor practices. The preliminary investigation is as much a statutory function of the agency as a subsequent hearing of formal charges. Sec.
447.503(3)(a), F.S....
...1, as may the statute controlling examination of union authorization cards signed by employees. Sec.
447.307(2), F.S. 1975; School Board of Marion County v. Public Emp. Rel. Com'n.,
334 So.2d 582, 584-85, n. 10 (Fla. 1976) (dictum). On the contrary, §
447.503 evidences a purpose that the product of a preliminary investigation shall be made available, upon request, to a charging party who is dissatisfied with the investigator's dismissal of a charge: "(3) A charging party whose charge is thus di...
...There is still more reason for disclosure of witness statements and affidavits and other investigatory materials when the Commission *1003 or its agent determines that substantial evidence indicates a prima facie violation and serves upon the party charged a copy of the charges and a notice of hearing. Sec. 447.503(3)(a), F.S....
CopyPublished | Florida 4th District Court of Appeal | 1992 Fla. App. LEXIS 8407, 1992 WL 184005
..., the lodestar factors. We hold that one who petitions for attorney’s fees before PERC, a quasi-judicial body, is entitled, absent a stipulation for the matter to be determined upon the basis of affidavits, to an evidentiary hearing as provided in section 447.503(5), Florida Statutes (1991), in order to be accorded basic due process....
CopyPublished | District Court of Appeal of Florida | 127 L.R.R.M. (BNA) 2791, 11 Fla. L. Weekly 1871, 1986 Fla. App. LEXIS 9512
...It should be remembered that this case arose in the context of an unfair labor practice, which, pursuant to law, was submitted to PERC, an agency established by the legislature to, among other things, expeditiously resolve charges of unfair labor practices. In section 447.503(6)(a), Florida Statutes (1979), the legislature provided that: If, upon consideration of the record in the case, the commission finds that an unfair labor practice has been committed, it shall issue and cause to be served an order req...
...This, of course, was based upon the Town’s theory for the entire litigation that the officers were not entitled to any back pay because they did not make an adequate effort to mitigate their damages. The decision on that score has gone against the Town at every level, including this one. Section 447.503(6)(c), Florida Statutes (1983), provides: The Commission may award to the prevailing party all or part of the costs of litigation, reasonable attorney’s fees, and expert witness fees whenever the Commission determines that such an award is appropriate....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 8444, 1994 WL 460724
...bor practice claim that Citrus County prematurely declared an impasse in violation of its obligation to bargain in good faith, PERC would have remedial powers that would effectively undo any decision made in the course of the impasse proceeding. See § 447.503(6)(a) (1993). Citrus County’s argument that PERC is without power to issue the stay of the impasse proceeding is based principally on section 447.503(3), which provides that whenever a party charging an unfair labor practice alleges it will suffer substantial and irreparable injury if it is not granted temporary relief, PERC “may petition the circuit court for appropriate injunct...
...Apparently, this meant to the supreme court that PERC may rely for its authority on its previous orders and need not promulgate a rule. Apart from this seemingly pervasive authority with which PERC is infused, we are unable to agree PERC is obliged to follow section 447.503(3) and apply to the circuit court for injunctive relief in order to stay or defer an impasse proceeding....
...The special master hearing took place on June 22. The claim that Citrus County declared an impasse improperly was not filed until July 5. For reasons that must have to dó with its special expertise in labor relations, this delay appears not to have been significant to PERC. . § 447.503, Fla.Stat....
CopyPublished | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 2862, 2009 WL 928538
...claim and accident report, and therefore, her grievance was without merit. Following the Union's withdrawal of representation, on May 16, 2005, Wimberly filed an unfair labor practice charge against the Union (PERC Case No. CB-2005-014), pursuant to section 447.503, Florida Statutes (2004), alleging, in part, that the Union violated its duty of fair representation. On May 20, 2005, PERC's General Counsel summarily dismissed Wimberly's charge with leave to amend, finding that a part of the charge was deficient because it was not accompanied by documentary evidence as required by section 447.503(1), and that two parts of the charge were deficient because there were material inconsistencies between the charge and supporting documentation, and that as a result of the inconsistencies, it was not clear whether the charge was timely filed....
...l Counsel's summary dismissal in Case No. CB-2008-25we affirm because we agree with the General Counsel's and PERC's findings that: (1) Wimberly's third unfair labor practice charge was filed beyond the applicable six month limitations period, see § 447.503(6)(b), Fla....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 940, 1987 Fla. App. LEXIS 7538
...rse of conduct demonstrating a failure and refusal to bargain in good faith with the union from October 1, 1984 onward was a violation of section
447.501(a)(1) and (c). The hearing officer awarded attorney’s fees and costs to the union pursuant to section
447.503(6)(c)....
...The Commission concluded that the hearing officer erred in finding a violation of section
447.501, dis *543 missed appellant’s charge, and denied the county’s request for attorney’s fees and costs. Both PERC and the hearing officer found, as to issue (4), supra, that under section
447.503(6)(b), the employee’s burden is to prove that an unfair labor practice occurred within six months of the filing of his complaint, 1 but the employee may seek to prove the charge by evidence of events occurring prior to the six-month period....
