City of New Port Richey v. Hillsborough County Police Benev. Ass'n, Inc., No. 86-70

CourtCourt of Appeal of Florida (US)
Writing for the CourtCAMPBELL
Citation505 So.2d 1096,12 Fla. L. Weekly 707
Decision Date04 March 1987
Docket NumberNo. 86-70
Parties12 Fla. L. Weekly 707, 8 Employee Benefits Cas. 1364 CITY OF NEW PORT RICHEY, Appellant, v. HILLSBOROUGH COUNTY POLICE BENEVOLENT ASSOCIATION, INC., Appellee.

Page 1096

505 So.2d 1096
12 Fla. L. Weekly 707, 8 Employee Benefits Cas. 1364
CITY OF NEW PORT RICHEY, Appellant,
v.
HILLSBOROUGH COUNTY POLICE BENEVOLENT ASSOCIATION, INC., Appellee.
No. 86-70.
District Court of Appeal of Florida,
Second District.
March 4, 1987.
Rehearing Denied April 22, 1987.

Peter D. Hooper, St. Petersburg, for appellant.

Gene "Hal" Johnson of Florida Police Benev. Ass'n, Inc., Tallahassee, for appellee.

CAMPBELL, Acting Chief Judge.

The issue on appeal is whether appellant, City of New Port Richey ("City"), improperly failed to bargain with appellee, Hillsborough County Police Benevolent Association, Inc. ("HCPBA"), before the City reduced its percentage of contribution to the Police Pension Fund.

Although the reduction did not affect the actuarial soundness of the plan or detrimentally affect either employee benefits or employee contributions, the Public Employees

Page 1097

Relations Commission (PERC) found that the City's action was an unfair labor practice (section 447.501, Florida Statutes (1983)), and ordered the City to negotiate with HCPBA. The City appeals. We reverse.

The City maintains: (1) Sections 112.60, 166 and 447.209, Florida Statutes (1983) authorized the City to unilaterally set pension plan funding so long as the plan remained actuarially sound; (2) The reduction had no substantial impact on pension benefits or on required employee contributions to the plan; and (3) Under the management rights and zipper clauses of the collective bargaining agreement, HCPBA waived its right to bargain over the reduction.

After careful consideration of these arguments, we conclude that even though the City reduced the amount it contributed to the plan, that reduction had no impact on the employees' pension benefits or required contributions, and the City was not, therefore, required to bargain with HCPBA before it implemented the reduction.

It is well established that public employers are not only required to bargain over wages, hours and terms and conditions of employment, (section 447.309(1), Florida Statutes (1983)), but also over any other issues that may have an impact on wages, hours or terms and conditions of employment. Hillsborough Classroom Teachers Association, Inc. v. School Board of Hillsborough County, 423 So.2d 969, 970 (Fla. 1st DCA 1983). In the absence of a waiver, an emergency or an impasse action (section 447.403, Florida Statutes (1983)), a public employer who unilaterally alters any of these mandatory subjects of collective bargaining commits an unfair labor practice. § 447.501(1)(a) and (c), Fla.Stat. (1983); Central Florida Professional Fire Fighters, Local 2057 v. Board of County Commissioners of Orange County, 9 FPER § 14372, Nov. 14, 1983. This is true even if the altered term or condition of employment is not expressly contained in the collective bargaining agreement, but is impliedly included as part of the established status quo. School Board of Orange County v. Palowitch, 367 So.2d 730, 732 (Fla. 4th DCA 1979).

The evidence at trial revealed that the City, in its capacity as a public employer, entered into a collective bargaining agreement with HCPBA, the registered employee organization that had been certified to bargain on...

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4 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
    ...1023, 1026 (Fla. 5th DCA Page 1313 1985). See also City of New Port Richey v. Hillsborough County Police Benevolent Association, Inc., 505 So.2d 1096, 1097 (Fla. 2d DCA) (employer must bargain over wages, hours, and terms and conditions of employment, and over other issues that have an impa......
  • Fraternal Order of Police, Miami Lodge 20 v. City of Miami, No. 77394
    • United States
    • United States State Supreme Court of Florida
    • November 19, 1992
    ...other constitutional provisions. --------------- 1 See also City of New Port Richey v. Hillsborough County Police Benevolent Ass'n, Inc., 505 So.2d 1096 (Fla. 2d DCA), review denied, 518 So.2d 1275 (Fla.1987); City of Orlando v. Florida Pub. Employees Relations Comm'n, 435 So.2d 275 (Fla. 5......
  • Utility Workers Union v. City of Lakeland, No. 2D08-2467.
    • United States
    • Court of Appeal of Florida (US)
    • April 3, 2009
    ...n. 1 (Fla. 1st DCA 2006). To do so is an unfair labor practice. City of New Port Richey v. Hillsborough County Police Benev. Ass'n, Inc., 505 So.2d 1096, 1097 (Fla. 2d DCA 1987). Even if the altered term or condition of employment is not expressly contained in a collective bargaining agreem......
  • Hillsborough County Police Benev. Ass'n, Inc. v. City of New Port Richey
    • United States
    • Florida Supreme Court
    • December 10, 1987
    ...Police Benevolent Association, Inc. v. City of New Port Richey NO. 70,620 Supreme Court of Florida. DEC 10, 1987 Appeal From: 2d DCA 505 So.2d 1096 Rev....
4 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
    ...1023, 1026 (Fla. 5th DCA Page 1313 1985). See also City of New Port Richey v. Hillsborough County Police Benevolent Association, Inc., 505 So.2d 1096, 1097 (Fla. 2d DCA) (employer must bargain over wages, hours, and terms and conditions of employment, and over other issues that have an impa......
  • Fraternal Order of Police, Miami Lodge 20 v. City of Miami, No. 77394
    • United States
    • United States State Supreme Court of Florida
    • November 19, 1992
    ...other constitutional provisions. --------------- 1 See also City of New Port Richey v. Hillsborough County Police Benevolent Ass'n, Inc., 505 So.2d 1096 (Fla. 2d DCA), review denied, 518 So.2d 1275 (Fla.1987); City of Orlando v. Florida Pub. Employees Relations Comm'n, 435 So.2d 275 (Fla. 5......
  • Utility Workers Union v. City of Lakeland, No. 2D08-2467.
    • United States
    • Court of Appeal of Florida (US)
    • April 3, 2009
    ...n. 1 (Fla. 1st DCA 2006). To do so is an unfair labor practice. City of New Port Richey v. Hillsborough County Police Benev. Ass'n, Inc., 505 So.2d 1096, 1097 (Fla. 2d DCA 1987). Even if the altered term or condition of employment is not expressly contained in a collective bargaining agreem......
  • Hillsborough County Police Benev. Ass'n, Inc. v. City of New Port Richey
    • United States
    • Florida Supreme Court
    • December 10, 1987
    ...Police Benevolent Association, Inc. v. City of New Port Richey NO. 70,620 Supreme Court of Florida. DEC 10, 1987 Appeal From: 2d DCA 505 So.2d 1096 Rev....

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