American Federation of State, County & Mun. Employees, Local 1363 v. Florida Public Employees Relations Com'n, AN-38

• Decision Date: 09 March 1983
• Docket Number: No. AN-38,AN-38
• Citation: 430 So.2d 481
• Parties: AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES, LOCAL 1363, Appellant, v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION and Metropolitan Dade County, Appellees.
• Court: Florida District Court of Appeals

Page 481

430 So.2d 481

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES, LOCAL 1363, Appellant, v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION and Metropolitan Dade County, Appellees.

No. AN-38.

District Court of Appeal of Florida,

First District.

March 9, 1983.

Rehearing Denied May 18, 1983.

Alan Eichenbaum of Law Offices of Irving Weinsoff, Miami, for appellant.

Thomas W. Young, III, Staff Counsel, Tallahassee, for Public Employees Relations Com'n, Robert A. Ginsburg, Dade County Atty., and Richard Jay Weiss, Asst. County Atty., for Metropolitan Dade, appellees.

Robert D. Klausner of Pelzner, Schwedock, Finkelstein & Klausner, P.A., Miami, for amicus curiae.

MILLS, Judge.

Local 1363 of the American Federation of State, County, and Municipal Employees (Local 1363) appeals the final order of the Public Employees Relations Commission (PERC) which held that the collective bargaining agreement between Local 1363 and Metropolitan Dade County does not violate Section 447.401, Florida Statutes (1981). We affirm.

Metropolitan Dade County entered into a collective bargaining agreement with Local 1363. That agreement was ratified by the Union membership and contained the following provisions:

Article 13, Section A. An employee may be disciplined only for just cause.

Article 13, Section H. All disciplinary actions except reprimands will be appealable by the employee, as provided in Section 2.47 of the Dade County Code, to a Hearing Examiner. The County agrees to attempt to add to the Hearing Examiner's list, qualified attorneys with experience in labor relations matters. (Emphasis added).

Article 7, Section 3. Dismissals, demotions, suspensions, reductions in grade, reprimands, position classifications, classification appeal, job descriptions, performance evaluation appeals, disability determinations, and similar matters for which other appellate procedures are provided in the Code of Administrative orders of Metropolitan Dade County and/or Public Health Trust Personnel Rules or other provisions of this agreement, and formal counseling, are not subject to review as grievances. However, refusal to (1) process an application or appeal, (2) follow time limits, (3) permit an employee a right of representation, or (4) denial of the right to receive a reply, are expressly grievable. (Emphasis added).

Section 2-47 of the Dade County Code alluded to in Article 13, Section H of the contract is a civil service appeal procedure which provides for a hearing examiner appointed unilaterally by the county personnel director in rotation from a list of private attorneys. After the hearing examiner has conducted the hearing, he transmits his findings of fact, conclusions, and any recommendations, together with a transcript of the proceedings, to the county manager, who may sustain, reverse, or modify the decision of the hearing examiner.

Local 1363 contends that this method of dispute resolution violates Section 447.401 because it does not "have as its terminal step a final and binding...