City of Casselberry v. Orange County Police Benev. Ass'n, No. 66155

CourtFlorida Supreme Court
Writing for the CourtMcDONALD; BOYD
Citation11 Fla. L. Weekly 28,482 So.2d 336
Parties11 Fla. L. Weekly 28 CITY OF CASSELBERRY, Petitioner, v. ORANGE COUNTY POLICE BENEVOLENT ASSOCIATION and Florida Public Employees Relations Commission, Respondents.
Decision Date09 January 1986
Docket NumberNo. 66155

Page 336

482 So.2d 336
11 Fla. L. Weekly 28
CITY OF CASSELBERRY, Petitioner,
v.
ORANGE COUNTY POLICE BENEVOLENT ASSOCIATION and Florida Public Employees Relations Commission, Respondents.
No. 66155.
Supreme Court of Florida.
Jan. 9, 1986.

Page 337

Frank C. Kruppenbacher of Swann & Haddock, Orlando, for petitioner.

Thomas J. Pilacek of Pilacek & Cohen, Orlando, for Orange County Police Benev. Ass'n; and Phillip P. Quaschnick, Gen. Counsel, and Stuart M. Lerner, Deputy Gen. Counsel, Tallahassee, for Public Employees Relations Com'n, for respondents.

J. Ronald Wigginton, Gen. Counsel, Tampa, and Peter W. Zinober and Richard C. McCrea, Jr. of Carlton, Fields, Ward, Emmanuel, Smith and Cutler, Tampa, amicus curiae for Hillsborough County Civil Service Bd.

McDONALD, Justice.

We have for review Orange County Police Benevolent Association v. City of Casselberry, 457 So.2d 1125 (Fla. 1st DCA 1984), which expressly construes article I, section 6 and article III, section 14 of the Florida Constitution. This Court has jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution. The first issue is whether a city which has established provisions for demotion and discharge of police officers in its civil service ordinance is required to bargain collectively on those issues to the extent of establishing, and being subject to, alternate grievance procedures. The second issue is whether the City of Casselberry committed an unfair labor practice during its negotiations with the union where the union declared an impasse during discussions concerning the subject of demotion and discharge grievance procedures. We approve the district court's decision as to the first issue but quash its result on the second.

The facts in this case are largely undisputed. In August 1981 the Orange County Police Benevolent Association (PBA) was certified as the bargaining agent for the City of Casselberry's police officers, excluding sergeants, lieutenants, assistant chief, chief, and nonsworn personnel. Bargaining for an initial contract began in October 1981. The record shows that on October 30, 1981 the PBA proposed to the city that all grievances arising out of the application of the collective bargaining agreement be submitted through a grievance procedure which had final and binding arbitration as its terminal step. Throughout the period of negotiation, the PBA refused to make any exceptions to this proposal. The city, on the other hand, refused to submit demotions and discharge grievances to this procedure. Instead, the city maintained that demotion and discharge matters should be handled by the city's existing civil service dispute resolution machinery.

During the nearly ten months of negotiations preceding the August 5, 1982 session, the city and the PBA reached agreement on most facets of the overall collective bargaining agreement. These included overtime, workweek, workshift, leaves of absence, compensation for injuries, equipment, equipment safety, life insurance, and medical insurance. Demotion and discharge grievance procedures were discussed frequently during these negotiating

Page 338

sessions. Moreover, the city proposed alternative methods of dealing with demotion and discharge grievances during these discussions. None of these alternatives included binding arbitration as a final step, however, and the PBA rejected them. By August 5, 1982 the city and the PBA still had not reached agreement regarding either demotion and discharge grievances or wages.

At the August 5th session the PBA, without giving prior warning to the city, declared an impasse and afterward filed an unfair labor practices suit against the city. Once impasse was announced, however, the impasse procedures set out in section 447.403, Florida Statutes (1981), 1 were not followed; neither a mediator nor a special master was appointed. Also, the PBA failed to serve written notice of impasse to the city and the Public Employees Relations Commission (PERC) as required by section 447.403(1), Florida Statutes (1981). Instead, after the PBA declared an impasse, the parties continued to negotiate and eventually reached an agreement on October 7, 1982, the date of the evidentiary hearing on the PBA's unfair labor practices charge. The parties, however, stipulated at that proceeding that the agreement on a contract did not render moot the PBA's unfair labor practices charge.

On December 16, 1982 the hearing officer issued a recommended order, finding the city guilty of committing an unfair labor practice. On February 28, 1983, however, PERC rejected the hearing officer's conclusion and dismissed all portions of the unfair labor practices charge. PERC based much of its ruling on the assumption that, absent agreement on a demotion and discharge provision and absent any impasse proceedings before a special master where such a provision could be legislatively imposed, no grievance potentially subject to review through binding arbitration could arise. Consequently, without an underlying contractual term concerning demotion and discharge, there could be no duty to agree to a grievance provision covering demotion and discharge. PERC stated that, while the PBA might have believed that section 447.401, Florida Statutes (1981), required every contract to contain a discharge and demotion provision, the statute did not in fact specifically compel the inclusion of such a term.

The district court took exception to PERC's analysis. The district court stated the question in the case at bar as whether the city committed an unfair labor practice by insisting to the point of impasse upon a nonmandatory subject of bargaining as a condition precedent to an agreement upon mandatory subjects and found that it had. The district court further ruled that the application of chapter 447 did not result in an...

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10 practice notes
  • City of Miami v. F.O.P. Miami Lodge 20, No. 85-2863
    • United States
    • Court of Appeal of Florida (US)
    • January 31, 1989
    ...Association v. City of Casselberry, 457 So.2d 1125, 1128 (Fla. 1st DCA 1984), affirmed in part, reversed in part on other grounds, 482 So.2d 336 (Fla.1986). See also Public Employees Relations Commission v. District School Board, 374 So.2d 1005, 1013 (Fla. 2d DCA 1979) ("It cannot be disput......
  • Lowe v. Broward County, No. 4D99-1664.
    • United States
    • Court of Appeal of Florida (US)
    • September 20, 2000
    ...So.2d 1207 must not specifically conflict with a state statute. See id.; City of Casselberry v. Orange County Police Benevolent Ass'n, 482 So.2d 336, 340 (Fla.1986). The supreme court has written that the test of such a is whether one must violate one provision in order to comply with the o......
  • City of Decatur v. American Federation of State, County, and Mun. Employees, Local 268, Nos. 64464
    • United States
    • Supreme Court of Illinois
    • March 30, 1988
    ...in favor of granting primacy to the bargaining laws. (See City of Casselberry v. Orange County Police Benevolent Association (Fla.1986), 482 So.2d 336; Local 1383 of the International Association of Fire Fighters v. City of Warren (1981), 411 Mich. [122 Ill.2d 364] 642, 311 N.W.2d 702; AFSC......
  • Laborers' Intern. Union of North America, Local 478 v. Burroughs, No. 87-691
    • United States
    • Court of Appeal of Florida (US)
    • December 15, 1987
    ...of particular firearm is superseded by exception contained in statute); cf. City of Casselberry v. Orange County Police Benevolent Ass'n, 482 So.2d 336, 340 (Fla.1986) (a statewide statute prevails over a conflicting municipal civil service ordinance). Here, the Florida Legislature refused ......
  • Request a trial to view additional results
10 cases
  • City of Miami v. F.O.P. Miami Lodge 20, No. 85-2863
    • United States
    • Court of Appeal of Florida (US)
    • January 31, 1989
    ...Association v. City of Casselberry, 457 So.2d 1125, 1128 (Fla. 1st DCA 1984), affirmed in part, reversed in part on other grounds, 482 So.2d 336 (Fla.1986). See also Public Employees Relations Commission v. District School Board, 374 So.2d 1005, 1013 (Fla. 2d DCA 1979) ("It cannot be disput......
  • Lowe v. Broward County, No. 4D99-1664.
    • United States
    • Court of Appeal of Florida (US)
    • September 20, 2000
    ...So.2d 1207 must not specifically conflict with a state statute. See id.; City of Casselberry v. Orange County Police Benevolent Ass'n, 482 So.2d 336, 340 (Fla.1986). The supreme court has written that the test of such a is whether one must violate one provision in order to comply with the o......
  • City of Decatur v. American Federation of State, County, and Mun. Employees, Local 268, Nos. 64464
    • United States
    • Supreme Court of Illinois
    • March 30, 1988
    ...in favor of granting primacy to the bargaining laws. (See City of Casselberry v. Orange County Police Benevolent Association (Fla.1986), 482 So.2d 336; Local 1383 of the International Association of Fire Fighters v. City of Warren (1981), 411 Mich. [122 Ill.2d 364] 642, 311 N.W.2d 702; AFSC......
  • Laborers' Intern. Union of North America, Local 478 v. Burroughs, No. 87-691
    • United States
    • Court of Appeal of Florida (US)
    • December 15, 1987
    ...of particular firearm is superseded by exception contained in statute); cf. City of Casselberry v. Orange County Police Benevolent Ass'n, 482 So.2d 336, 340 (Fla.1986) (a statewide statute prevails over a conflicting municipal civil service ordinance). Here, the Florida Legislature refused ......
  • Request a trial to view additional results

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