Public Employees Relations Commission v. City of Naples, 75-1186
| Decision Date | 28 January 1976 |
| Docket Number | No. 75-1186,75-1186 |
| Citation | 327 So.2d 41 |
| Parties | 92 L.R.R.M. (BNA) 2329, 78 Lab.Cas. P 53,811 PUBLIC EMPLOYEES RELATIONS COMMISSION, Appellant, v. The CITY OF NAPLES, Florida, Appellee. |
| Court | Florida District Court of Appeals |
Jack L. McLean, Jr., Acting General Counsel, Tallahassee, for appellant.
John-Edward Alley and Robert A. Hanudel, Miami, Charles K. Allan, Naples; and Alley, Alley & Blue, Miami, for appellee The City of Naples.
This case involves an interpretation of when the local option provisions of Fla.Stat. § 447.603 (1974) come into play.
On December 23, 1974, the Fraternal Order of Police, Local No. 38, filed with the Public Employees Relations Commission (PERC) a petition for certification as the bargaining agent of the policemen of the City of Naples. The Professional Firefighters of Naples, No. 2174, filed with PERC a certification petition with respect to the Naples firemen on April 11, 1975. On May 7, 1975, the City of Naples passed a local option ordinance under Fla.Stat. § 447.603 (1974) which established its own provisions and procedures for a public employees relations commission. The ordinance specified May 13, 1975, as its effective date. On May 13, 1975, the city filed with PERC an application for review and approval of the ordinance.
The city then took the position that jurisdiction over the public employees bargaining process had been transferred to the city upon the passage of the ordinance and the filing with PERC of the application for review. Thereupon, PERC sought to enjoin the city from enforcing or implementing its ordinance until its terms had been approved by PERC. The court ultimately entered an order denying PERC's application for injunction, and PERC has appealed this order.
The 1968 Constitution included a provision which gave public employees the right to engage in collective bargaining. This right was implemented by the legislature in the passage of the Tucker Act (Part II of Chapter 447) in 1974. This act established a Public Employees Relations Commission to supervise the collective bargaining process. However, Fla.Stat. § 447.603 (1974) provided:
Thus, the issue boils down to whether PERC's approval of the provisions and procedures established by the city's ordinance is required before the city is entitled to assume jurisdiction of the public employees bargaining procedure.
The city argues that the statute doesn't specifically say that PERC's approval is a condition precedent to the effectiveness of the ordinance. The city suggests that the legislature simply intended that PERC would act as a watchdog whereby it...
To continue reading
Request your trial
-
West Palm Beach Ass'n of Firefighters, Local Union 727 v. Board of City Com'rs of City of West Palm Beach, 82-2129
...bargaining. See: Maxwell v. School Board of Broward County, 330 So.2d 177 (Fla. 4th DCA 1976); Public Employees Relations Com'n. v. City of Naples, 327 So.2d 41 (Fla. 2d DCA 1976); City of Panama City v. Florida Public Emp., etc. Commission, 364 So.2d 109 (Fla. 1st DCA 1978). However, our r......
-
Public Emp. Relations Com'n v. Fraternal Order of Police, Local Lodge No. 38
...Naples. GRIMES, Judge. One of the issues in this interlocutory appeal has been determined in Public Employees Relations Commission v. City of Naples, Florida, Fla.App.2d 1975, 327 So.2d 41 (1976), in which this court held that the City of Naples could not assume jurisdiction over public emp......
-
City of Panama City v. Florida Public Employees Relations Commission, GG-362
...it becomes law. That issue was addressed by Judge Grimes of the Second District Court of Appeal in Public Employees Relations Commission v. City of Naples, 327 So.2d 41 (Fla. 2nd DCA 1976) and was fully explored. We quote with approval relevant portions of that "Thus, the issue boils down t......