269 So.2d 684 (Fla. 1972), 42323, Dade County Classroom Teachers Ass'n, Inc. v. Legislature

Docket Nº:42323.
Citation:269 So.2d 684
Opinion Judge:Author: Roberts
Party Name:DADE COUNTY CLASSROOM TEACHERS ASSOCIATION, INC., a Florida corporation not for profit, Petitioner, v. The LEGISLATURE of the State of Florida, Respondent.
Attorney:Tobias Simon, Miami, for petitioner.
Case Date:November 08, 1972
Court:Supreme Court of Florida
 
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Page 684

269 So.2d 684 (Fla. 1972)

DADE COUNTY CLASSROOM TEACHERS ASSOCIATION, INC., a Florida corporation not for profit, Petitioner,

v.

The LEGISLATURE of the State of Florida, Respondent.

No. 42323.

Supreme Court of Florida.

November 8, 1972

Rehearing Denied Dec. 19, 1972.

Page 685

Tobias Simon, Miami, for petitioner.

Robert L. Shevin, Atty. Gen., and Daniel S. Dearing, Chief Trial Counsel, Tallahassee, for respondent.

Daniel Draper, Jr., of Wicker, Smith, Pyszka, Blomqvist & Davant, Miami, for Dade County Educational Assn., amicus curiae.

John B. Mattingly, of Mattingly, Kennedy, Fogle & Watts, DeLand, for Florida School Boards Assn., Inc., amicus curiae.

Charles E. Miner, Jr., Tallahassee, for State of Florida Board of Education, amicus curiae.

Ralph A. Marsicano, Tampa, and Burton M. Michaels, Miami, for Florida League of Cities, Inc., amicus curiae.

A. L. Zwerdling, of Zwerdling, Maurer, Diggs & Papp, Detroit, Mich., and Hardee, Hamilton, Douglas & Sierra, Tampa, for American Federation of State, County & Municipal Employees, AFL--CIO, amicus curiae.

ROBERTS, Chief Justice.

This cause is before the Court in original mandamus proceedings filed by the Dade County Classroom Teachers' Association, Inc., in an attempt to compel the Legislature of the State of Florida to enact standards or guidelines regulating the right of collective bargaining by public employees of this state, as guaranteed by Section 6, Article I, 1968 Constitution of Florida, F.S.A. The petition for the constitutional writ was filed as a class action on behalf of the 7,500 classroom teachers employed by the District School Board of Dade County and on behalf of all the public employees of this state--its counties, municipalities, school districts, and all other governmental agencies.

The petition complains of inaction on the part of the Legislature through three legislative sessions following the decision of this Court in Dade County Classroom Teachers' Association v. Ryan, 225 So.2d 903 (Fla.1969), in which this Court made clear that, except for the right to strike, our State Constitution guarantees to public employees the same rights of collective bargaining as are granted to private employees. We emphasized, however, that appropriate legislation setting out standards and guidelines and otherwise regulating 'the sensitive area of labor relations between public employees and public employer' should be adopted by the Legislature. We noted particularly that:

'In the sensitive area of labor relations between public employees and public employer, it is requisite that the Legislature enact appropriate legislation setting out standards and guidelines and otherwise regulate the subject within the limits of said Section 6. A delicate balance must be struck in order that there be no denial of the guaranteed...

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