Seitz v. Duval County School Bd., JJ-365
Decision Date | 04 January 1979 |
Docket Number | No. JJ-365,JJ-365 |
Parties | 100 L.R.R.M. (BNA) 2623 Barbara SEITZ, Appellant, v. DUVAL COUNTY SCHOOL BOARD, Appellee-Cross Appellant, and Public Employees Relations Commission, Appellee. |
Court | Florida District Court of Appeals |
Sidney L. Matthew, Tallahassee, for appellant.
Dawson A. McQuaig, William Lee Allen and Eve Dunkerley Peck, Jacksonville, for appellee-cross appellant.
Michael M. Switzer, William E. Powers, Jr., Tallahassee, for appellees.
Seitz appeals a portion of an order rendered by the Public Employees Relations Commission (PERC) disallowing back pay and reinstatement. The School Board cross appeals that portion of the order holding it an unfair labor practice not to allow a union representative at a teacher's conference with a principal and requiring the School Board to post notices it had violated the law.
Seitz was dismissed for cause in February 1976. She appealed the School Board's decision to the circuit court and that court affirmed. An appeal was taken to this court. This court upheld the School Board's action. Seitz v. Duval County School Board, 346 So.2d 644 (Fla. 1st DCA 1977). In that opinion, Judge Smith writing for this court stated:
We hold that PERC did not err in failing to order reinstatement and back pay to Seitz. This court's prior ruling in the proceeding above cited clearly precluded that remedy and established the law of the case. Further, we agree with that determination.
Concerning PERC's finding that the School Board was guilty of an unfair labor practice for refusing to allow a union representative at a principal's conference, a question which this court declined to consider in its prior opinion, we hold that the Public Employees Relations Act (PERA) as it existed in 1976 did not provide Seitz with standing to bring the charge nor did PERA contain the necessary language to provide Seitz with a substantive right to a union representative at a principal's conference.
In 1976, F.S. 447.503(1) authorized unfair labor practice proceedings "(w) henever it is charged by an Employer or an Employee organization . . ." (emphasis supplied). Although Florida Administrative Code Rule 8H-4.01, in existence at that time, provided that an Employee might also bring an unfair labor practice charge, we decline to follow that rule since it was invalid. A rule cannot be contrary to, nor enlarge, the provisions of the Florida Statutes. Therefore, Seitz did not have standing to bring an unfair labor practice charge in 1976.
PERC urges that Chapter 77-343, which amended F.S. 447.503(1), by allowing an unfair labor practice charge to be brought by a public employee is remedial and should be given retrospective effect. We disagree. A statute is presumed to be prospective in nature unless the legislature manifests a contrary intention in the statute itself. Fleeman v. Case, 342 So.2d 815 (Fla.1977) In the Fleeman case, the Supreme Court declined to infer legislative intent either from a declaration of legislative purpose or from one attempt to amend the proposed law in one chamber of the legislature and insisted that as a condition to retroactive application a declaration to that effect be made in the legislation under review. Accordingly, since there is no such express language in Chapter 77-343 we hold that Chapter 77-343 is inapplicable to the charge brought in this case.
PERC also urges that in Maxwell v. School Board of Broward County, 330 So.2d 177 (Fla. 4th DCA 1976), the court determined that PERA was remedial and could be applied to events which occurred before ...
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