School Bd. of Orange County v. Palowitch, 77-2469

CourtCourt of Appeal of Florida (US)
Writing for the CourtDAUKSCH; ANSTEAD
Citation367 So.2d 730
Parties109 L.R.R.M. (BNA) 2137 The SCHOOL BOARD OF ORANGE COUNTY, Florida, Petitioner, v. John PALOWITCH, Orange County Classroom Teachers Association, and the Public Employees Relations Commission, Respondents.
Docket NumberNo. 77-2469,77-2469
Decision Date21 February 1979

Page 730

367 So.2d 730
109 L.R.R.M. (BNA) 2137
The SCHOOL BOARD OF ORANGE COUNTY, Florida, Petitioner,
v.
John PALOWITCH, Orange County Classroom Teachers Association, and the Public Employees Relations Commission, Respondents.
No. 77-2469.
District Court of Appeal of Florida, Fourth District.
Feb. 21, 1979.

John W. Bowen of Rowland, Petruska & Bowen, Orlando, for petitioner.

Mark F. Kelly and Richard H. Frank of Law Offices of Richard H. Frank, P. A., Tampa, for respondents, John Palowitch and Orange County Classroom Teachers Association.

Thomas W. Brooks, Asst. Gen. Counsel, Public Employees Relations Commission, Tallahassee, for respondent PERC.

Peter J. Hurtgen, Miami, and R. Theodore Clark, Jr., Chicago, Ill., for amicus curiae Florida Public Employer Labor Relations Association.

DAUKSCH, Judge.

This case involves a ruling by the Public Employees Relations Commission (P.E.R.C.) that the appellant violated Section 447.501(1)(c) Florida Statutes (1977) and thus committed an unfair labor practice by refusing to bargain collectively. We agree with the order of P.E.R.C. and deny certiorari.

John Palowitch is a teacher and is represented by the Orange County Classroom Teachers Association which is the duly certified bargaining representative for Palowitch and his colleagues. The appellant decided it would institute a quinmester system which is a year-round school period instead of the former two semester plus summer school system. When this decision was made another was made to change Palowitch and others from twelve month contract status to ten month contract status. The commission, P.E.R.C., found "such change in contract status carried with it

Page 731

changes in the number of total work days, changes in compensation and changes in leave and holiday benefits." It also quite properly reasoned "whether these changes are viewed as beneficial or detrimental is irrelevant to the determination Vel non (sic) of whether there was a unilateral change in terms and conditions of employment. A unilateral increase in benefits could foreseeably do more to undermine the bargaining representative's status than would a decrease." As to this last sentence it is quite important that the bargaining representative maintain the confidence and respect of its members in order to adequately represent them. If it is best to have bargaining representatives then they should be as effective as possible to promote the good of the membership. It has been determined best for both the employers and the employees for the employees to have bargaining representatives, also known as unions, guilds, labor organizations and other similar names. This is so as to the employer so that he is faced with one party representing all of a group instead of all members of the group clamoring around negotiating individual contracts which...

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15 practice notes
  • U.S. v. City of Miami, Fla., No. 77-1856
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 3 Diciembre 1981
    ...employment. See School Bd. v. Indian River County Educ. Ass'n Local 3617, 373 So.2d 412 (Fla.Dist.Ct.App.1980); School Bd. v. Palowitch, 367 So.2d 730, 731 (Fla.Dist.Ct.App.1979). Our reading of the Florida public employees' collective bargaining statute, Fla.Stat.Ann. § 447.309 (West 1981)......
  • City of Miami v. F.O.P. Miami Lodge 20, No. 85-2863
    • United States
    • Court of Appeal of Florida (US)
    • 31 Enero 1989
    ...of allaying a significant imbalance of bargaining power in favor of the employer." 425 So.2d at 140. See also School Board v. Palowitch, 367 So.2d 730, 731 (Fla. 4th DCA 1979); School Board v. Public Employees Relations Commission, 350 So.2d 819, 821 (Fla. 1st DCA 1977). 5 The requirement o......
  • Palm Beach Junior College Bd. of Trustees v. United Faculty of Palm Beach Junior College, No. AF-17
    • United States
    • Florida District Court of Appeals
    • 30 Diciembre 1982
    ...rights of public employees to meaningful collective bargaining with their employer. Later, in School Board of Orange County v. Palowitch, 367 So.2d 730, 731 (Fla. 4th DCA 1979), the Fourth District Court of Appeal We do not agree with the petitioner's position that the right of ultimate dec......
  • Vienna School Dist. No. 55 v. Illinois Educ. Labor Relations Bd., No. 4-87-0031
    • United States
    • United States Appellate Court of Illinois
    • 5 Noviembre 1987
    ...Valley School District, (1978), 483 Pa. 134, 394 A.2d 946), and hours (School Board of Orange County v. Palowitch (Fla.Dist.Ct.App.1979), 367 So.2d 730). During collective bargaining, an employer may not take unilateral action on these subjects absent an impasse in A term or condition of em......
  • Request a trial to view additional results
15 cases
  • U.S. v. City of Miami, Fla., No. 77-1856
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 3 Diciembre 1981
    ...employment. See School Bd. v. Indian River County Educ. Ass'n Local 3617, 373 So.2d 412 (Fla.Dist.Ct.App.1980); School Bd. v. Palowitch, 367 So.2d 730, 731 (Fla.Dist.Ct.App.1979). Our reading of the Florida public employees' collective bargaining statute, Fla.Stat.Ann. § 447.309 (West 1981)......
  • City of Miami v. F.O.P. Miami Lodge 20, No. 85-2863
    • United States
    • Court of Appeal of Florida (US)
    • 31 Enero 1989
    ...of allaying a significant imbalance of bargaining power in favor of the employer." 425 So.2d at 140. See also School Board v. Palowitch, 367 So.2d 730, 731 (Fla. 4th DCA 1979); School Board v. Public Employees Relations Commission, 350 So.2d 819, 821 (Fla. 1st DCA 1977). 5 The requirement o......
  • Palm Beach Junior College Bd. of Trustees v. United Faculty of Palm Beach Junior College, No. AF-17
    • United States
    • Florida District Court of Appeals
    • 30 Diciembre 1982
    ...rights of public employees to meaningful collective bargaining with their employer. Later, in School Board of Orange County v. Palowitch, 367 So.2d 730, 731 (Fla. 4th DCA 1979), the Fourth District Court of Appeal We do not agree with the petitioner's position that the right of ultimate dec......
  • Vienna School Dist. No. 55 v. Illinois Educ. Labor Relations Bd., No. 4-87-0031
    • United States
    • United States Appellate Court of Illinois
    • 5 Noviembre 1987
    ...Valley School District, (1978), 483 Pa. 134, 394 A.2d 946), and hours (School Board of Orange County v. Palowitch (Fla.Dist.Ct.App.1979), 367 So.2d 730). During collective bargaining, an employer may not take unilateral action on these subjects absent an impasse in A term or condition of em......
  • Request a trial to view additional results

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