09-1435 MANATEE EDUCATION ASSOCIATION, FEA, AFT (Local 3821), AFL-CIO, v. SCHOOL BOARD OF MANATEE COUNTY, FLORIDA and FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION

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State: Florida

Court: Florida First District Court

Docket No: 09-1435

Case Date: 06/02/2011

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

MANATEE EDUCATION ASSOCIATION, FEA, AFT (Local 3821), AFL-CIO, Appellant, v. SCHOOL BOARD OF MANATEE COUNTY, FLORIDA and FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION, Appellees. _____________________________/ Opinion filed June 2, 2011.

CASE NO. 1D09-1435

An appeal from an order of the Public Employees Relations Commission.

Thomas W. Brooks and Jennifer S. Blohm of Meyers, Brooks, Demma, Aspros & Blohm, P.A., Tallahassee, for Appellant. Paul A. Donnelly, Laura A. Gross, and Jung Yoon, Gainesville, for Amici Curiae Communications Workers of America, AFL-CIO and Professional Firefighters of Ocala, IAFF Local 2135; G. Hal Johnson, Tallahassee for Amicus Curiae Florida Police Benevolent Association, Inc.; Richard A. Sicking, Coral Gables, for Amicus Curiae Florida Professional Firefighters, Inc.; Noah Scott Warman of Sugarman & Susskind, Coral Gables, for Amicus Curiae Government Supervisors Association of Florida, OPEIU, Local 100 & Teamsters Local 769.

John W. Bowen, Bradenton, and Thomas M. Gonzalez, Brian C. Ussery, and Christopher M. Bentley of Thompson, Sizemore, Gonzalez & Hearing, P.A., Tampa, for Appellee School Board of Manatee County, Florida. Joey D. Rix, Staff Attorney, Public Employees Relations Commission, Tallahassee, for Appellee Public Employees Relations Commission. Thomas M. Gonzalez, Brian C. Ussery, and Christopher M. Bentley of Thompson, Sizemore, Gonzalez & Hearing, P.A., Tampa, for Amici Curiae Florida School Boards Association, Inc. and Florida Association of District School Superintendents.

BENTON, C.J. A union that represents teachers and paraprofessionals, the Manatee Education Association, FEA, AFT (Local 3821), AFL-CIO (the union), appeals a final order of the Public Employees Relations Commission (PERC) dismissing an unfair labor practice charge the union filed against the School Board of Manatee County (School Board), alleging that the School Board had committed an unfair labor practice by improperly invoking section 447.4095, Florida Statutes (2008). Concluding that PERC erred in dismissing the unfair labor practice charge without determining whether a "financial urgency" within the meaning of section 447.4095 existed, we reverse the final order in part, and remand for further proceedings.

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A public employer may declare a "financial urgency" pursuant to section 447.4095, and proceed accordingly. But the employer's mere declaration cannot conclusively resolve the question. Absent some compelling state interest--

determined to be such in a neutral forum, ultimately subject to judicial review--a public employer cannot unilaterally abrogate a collective bargaining agreement, consistently with public employees' constitutional right to bargain collectively. See Art. I,

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