City of Miami v. FOP, MIAMI LODGE 20

511 So. 2d 549
CourtSupreme Court of Florida
DecidedJuly 16, 1987
Docket69469
StatusPublished
Cited by6 cases

This text of 511 So. 2d 549 (City of Miami v. FOP, MIAMI LODGE 20) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Miami v. FOP, MIAMI LODGE 20, 511 So. 2d 549 (Fla. 1987).

Opinion

511 So.2d 549 (1987)

CITY OF MIAMI, Florida, and Florida Public Employees Relations Commission, Petitioners,
v.
FRATERNAL ORDER OF POLICE, MIAMI LODGE 20, and American Federation of State, County and Municipal Employees, Local 1907, AFL-CIO, Respondents.

No. 69469.

Supreme Court of Florida.

July 16, 1987.

*550 Peter J. Hurtgen and Claudia B. Dubocq, of Morgan, Lewis & Bockius, Miami, for the City of Miami, Fla.

Charles F. McClamma, Staff Counsel, Tallahassee, for Florida Public Employees Relations Com'n.

Robert D. Klausner, of Pelzner, Schwedock, Finkelstein & Klausner, P.A., Hollywood, for respondents.

EHRLICH, Justice.

We have for our review Fraternal Order of Police, Miami Lodge 20 v. City of Miami, 492 So.2d 1122 (Fla. 3d DCA 1986), wherein the district court certified the following question of great public importance:[1]

WHETHER THE PUBLIC EMPLOYEES RELATIONS COMMISSION HAS AUTHORITY UNDER CHAPTER 447, PART II TO DEFER UNFAIR LABOR PRACTICE CHARGES TO ARBITRATION, AND GIVE FINAL AND BINDING EFFECT TO THE ARBITRATOR'S CONTRACT INTERPRETATION.

We have jurisdiction, article V, section 3(b)(4), Florida Constitution, answer the question in the affirmative, and quash the decision of the district court below.

*551 As phrased by the district court in the certified question, the issue presented in this case centers on the authority of the Public Employees Relations Commission (hereinafter referred to as PERC or the Commission), to delegate an unfair labor practice charge to an arbitrator. When such a charge is, in fact, based on an unfair labor practice as set forth in section 447.501, Florida Statutes (1985), PERC has no authority to delegate its responsibility. Section 447.503 clearly sets forth PERC's duty in this context: "It is the intent of the Legislature that the commission act as expeditiously as possible to settle disputes regarding alleged unfair labor practices." (emphasis added). However, the question as certified also refers to "an arbitrator's contract interpretation," which involves an issue separate and distinct from an unfair labor practice as specified in section 447.501. Under the mandates of section 447.401, each collective bargaining agreement entered into between a public employer and its employees must contain a grievance procedure to be used for settling disputes "involving the interpretation or application of a collective bargaining agreement. Such grievance procedure shall have as its terminal step a final and binding disposition by an impartial neutral, mutually selected by the parties." (emphasis added).

The district court below, however, held that its review of Chapter 447, Part II "fails to reveal any authority, either express or implied, granting unto the Commission the power to defer a cause to arbitration." 492 So.2d at 1124. It is unclear what the district court perceived the Commission's duty to be, pursuant to section 447.401, when confronted with an issue characterized by the complaining party as an "unfair labor practice" but which, in fact, appears to PERC to be an issue specifically addressed in the parties' collective bargaining agreement. At issue here is by what means PERC is to give effect to all of its statutory duties and further its primary purpose to "assist in resolving disputes between public employees and public employers," section 447.201(3). It is our view that PERC has the authority to defer to arbitration in appropriate cases in order to give effect to the provisions of section 447.401, mandating a grievance procedure culminating in final and binding arbitration for interpreting or applying a collective bargaining agreement.

The factual basis for the claims at issue between the respondents, The Fraternal Order of Police and The American Federation of State, County and Municipal Employees, (unions) and petitioners (the City and PERC) must be understood in order to place the issue of "deferral" in its appropriate context.[2] The collective bargaining agreement in effect between the city and the unions contained a provision relating to any increase or decrease in certain insurance premiums; this provision set forth what percentage of any change in the premiums would be borne by the employer and the employees respectively. During the term of the agreement, the city unilaterally increased the premiums. A unilateral change in a term or condition of employment constitutes an unfair labor practice; an employee insurance program is such a term or condition of employment. See, e.g., Leon County Police Benevolent Association, Inc. v. City of Tallahassee, 8 F.P.E.R. ¶ 13003 (1982); Pinellas County Police Benevolent Association, Inc. v. City of Dunedin, 8 F.P.E.R. ¶ 13102 (1982). However, a collective bargaining agreement which clearly and unmistakably shows that the employees' certified bargaining agreement has waived its right to bargain over this issue does not constitute an unfair labor practice. In labor law nomenclature "[w]aiver may occur when the parties by express contractual provision confer on the employer the power of unilateral decision." International Brotherhood of Police Officers v. City of Hollywood, 7 F.P.E.R. ¶ 12293 (1981). After the city announced the premium increase at issue here, the unions filed an unfair labor practice charge with PERC, alleging violations of section 447.501(1)(a) and (c). Following *552 PERC's determination that the unions' charges established a prima facie statutory violation[3] the City moved to have PERC defer consideration of the unfair labor practice charges pending resolution of the disputes by an arbitrator pursuant to the parties' contract. Finding that its pre-arbitration standards for deferral were met, PERC granted the City's motion but retained jurisdiction to reinstate the unfair labor practice proceedings unless the following conditions were met: (1) the dispute was settled or promptly resolved through arbitration; (2) the grievance-arbitration proceedings were conducted fairly and regularly; and (3) the result reached by the arbitrator was not repugnant to Chapter 447, Part II.

After unsuccessfully seeking review in the First District Court of Appeal[4] the unions proceeded to arbitration. The arbitrator granted FOP's grievance in part and denied it in part; AFSCME's grievance was denied in its entirety. The unions then sought to have PERC reinstitute the unfair labor practice proceedings. In an attempt to set aside the arbitrator's award, the unions alleged that PERC had no authority to defer. PERC rejected the unions' contentions stating,

It is a matter of long-standing policy that the Commission will defer to an arbitration award if the award effectively disposes of the unfair labor practice issue... . Deferral to an arbitration award is a corollary to the Commission's policy of deferring temporarily the exercise of our jurisdiction over an unfair labor practice charge to allow an arbitrator to act first if the collective bargaining agreement `clearly encompasses' the dispute at issue in an unfair labor practice charge.

(citations omitted) 11 F.P.E.R. ¶ 16128 at 385.

PERC's position is that in addition to the explicit arbitration requirements of section 447.401, its policy of deferring to arbitration is supported by other provisions of Chapter 447, Part II: section 447.301(2) and (4) provide for the right to representation in grievance proceedings; section 447.501(1)(f) makes it an unfair labor practice for an employer to refuse to discuss grievances.

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511 So. 2d 549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-miami-v-fop-miami-lodge-20-fla-1987.