Florida Senate v. Fl. Public Emp. Council 79

784 So. 2d 404, 2001 WL 388863
CourtSupreme Court of Florida
DecidedApril 18, 2001
DocketSC01-765, SC01-766
StatusPublished
Cited by19 cases

This text of 784 So. 2d 404 (Florida Senate v. Fl. Public Emp. Council 79) 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
Florida Senate v. Fl. Public Emp. Council 79, 784 So. 2d 404, 2001 WL 388863 (Fla. 2001).

Opinion

784 So.2d 404 (2001)

The FLORIDA SENATE et al., Petitioners,
v.
FLORIDA PUBLIC EMPLOYEES COUNCIL 79, AFSCME, Respondent.
State of Florida, ex rel. Robert A. Butterworth, Attorney General, Petitioner,
v.
Florida Public Employees Council 79, AFSCME, Respondent.

Nos. SC01-765, SC01-766.

Supreme Court of Florida.

April 18, 2001.

*405 Barry Richard of Greenberg Traurig, P.A., Tallahassee, FL, for Petitioners in No. SC01-765.

Ben R. Patterson of Patterson & Traynham, Tallahassee, FL, for Respondent in No. SC01-765.

Charles T. Canady, General Counsel, Executive Office of the Governor, Tallahassee, FL, for Honorable Jeb Bush, Governor of the State of Florida, Amicus Curiae.

Johnnie B. Byrd, John Dudley Goodlette, Stacy J. Ritter and John Preston Seiler, Tallahassee, FL, for Former Speakers of the Florida House of Representatives, Amici Curiae.

Joseph Egan, Jr. and Tobe Lev of Egan, Lev & Siwica, P.A., Orlando, FL, for Florida AFL-CIO, Amicus Curiae.

Charles N. D'Asaro, pro se, Bagdad, Florida, and Christine M. Walsh, pro se, Bagdad, FL, Interveners.

Robert A. Butterworth, Attorney General, and Thomas E. Warner, Solicitor General, Office of the Solicitor General, Tallahassee, FL, for Petitioner in No. SC01-766.

Jerry G. Traynham and Ben R. Patterson of Patterson & Traynham, Tallahassee, FL, for Respondent in No. SC01-766.

PER CURIAM.

The petitioners in these consolidated cases ask this Court to issue a writ prohibiting the circuit court from proceeding with a hearing on an order to show cause why the petitioners in case number SC01-765 should not be held in contempt for refusing to obey an order enjoining certain *406 proceedings. The Attorney General also asks the Court to quash the orders issued by the circuit court and dismiss the pending circuit court action. We have jurisdiction. See art. V, § 3(b)(7), Fla. Const.; Moffitt v. Willis, 459 So.2d 1018 (Fla.1984). We grant the petitions as explained herein.

I. FACTS

Florida Public Employees Council 79, AFSCME ("Union") is the statutory bargaining agent for approximately 70,000 Florida Career Service System employees. The statutory employer is the Governor of the State of Florida, Jeb Bush ("Governor"). In February 2001, as the Union and Governor were negotiating a successor collective bargaining agreement to the one that will expire June 30, 2001, the Governor declared a bargaining impasse and the parties utilized the impasse resolution mechanism set forth in section 447.403, Florida Statutes (2000).[1]

The parties presented argument and evidence to a special master. Prior to issuance of the special master's report,[2] the Joint Select Committee on Collective Bargaining ("Select Committee" or "Committee") on March 27, 2001, notified the parties that it had scheduled a public hearing for April 3, 2001, to resolve the impasse. The Union filed suit in circuit court against "the Florida Legislature (the Florida Senate and the Florida House of Representatives); Rodolfo `Rudy' Garcia and Frederick C. Brummer," seeking declaratory and injunctive relief. The complaint alleged that the timing of the hearing violated section 447.403 because it deprived the parties of an opportunity to review the special master's report and negotiate a settlement agreement on their own. The complaint asked the court to do two things: (1) issue a temporary restraining order ("TRO") barring the above named parties from holding the scheduled hearing, and (2) issue an order declaring that the above parties may not intervene in a bargaining dispute until requested to do so pursuant to section 447.403.

The circuit court on April 3 issued a TRO barring the Committee from holding the hearing. As with the Union's complaint, the order was directed to "the Florida Legislature (the Florida Senate and the Florida House of Representatives); Rodolfo `Rudy' Garcia and Frederick C. Brummer." A copy of the TRO was served on the enjoined parties that afternoon. The Committee nevertheless held the hearing later that day.

The Union on April 9 moved the circuit court to enforce the temporary restraining order and issue an order to show cause why the enjoined parties should not be held in contempt. The court on April 10 issued an order directing the enjoined parties to appear before the court at 1 p.m., Thursday, April 19, to show cause why they should not be held in indirect criminal contempt. The court on the same day issued an order appointing the State Attorney of the Second Judicial Circuit as counsel and directing him to prosecute the contempt order at the hearing. The Legislature *407 on Thursday, April 12, filed a petition in this Court seeking a writ of prohibition barring the circuit court from holding the contempt hearing.[3] The Florida Attorney General on the same day filed a petition in this Court seeking a writ of prohibition quashing the trial court's orders and dismissing the action. This Court on April 12 issued an order directing that responses be filed by 5 p.m., Monday, April 16, and that a reply be filed by 12 p.m., Tuesday, April 17.

II. THE APPLICABLE LAW

A. The Impasse Resolution Statute

Chapter 447, part II, Florida Statutes (2000), addresses collective bargaining practices for public employees. Section 447.403 sets forth a mechanism for resolving impasses:

(1) If, after a reasonable period of negotiation concerning the terms and conditions of employment to be incorporated in a collective bargaining agreement, a dispute exists between a public employer and a bargaining agent, an impasse shall be deemed to have occurred when one of the parties so declares in writing to the other party and to the commission. When an impasse occurs, the public employer or the bargaining agent, or both parties acting jointly, may appoint, or secure the appointment of, a mediator to assist in the resolution of the impasse.
(2) If no mediator is appointed, or upon the request of either party, the commission shall appoint, and submit all unresolved issues to, a special master acceptable to both parties. If the parties are unable to agree on the appointment of a special master, the commission shall appoint, in its discretion, a qualified special master. However, if the parties agree in writing to waive the appointment of a special master, the parties may proceed directly to resolution of the impasse by the legislative body pursuant to paragraph (4)(d). Nothing in this section precludes the parties from using the services of a mediator at any time during the conduct of collective bargaining.
(3) The special master shall hold hearings in order to define the area or areas of dispute, to determine facts relating to the dispute, and to render a decision on any and all unresolved contract issues.... Within 15 calendar days after the close of the final hearing, the special master shall transmit his or her recommended decision to the commission and the representatives of both parties by registered mail, return receipt requested. Such recommended decision shall be discussed by the parties, and each recommendation of the special master shall be deemed approved by both parties unless specifically rejected by either party by written notice filed with the commission within 20 calendar days after the date the party received the special master's recommended decision. The written notice shall include a statement of the cause for each rejection and shall be served upon the other party.

§ 447.403, Fla. Stat. (2000).

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Cite This Page — Counsel Stack

Bluebook (online)
784 So. 2d 404, 2001 WL 388863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-senate-v-fl-public-emp-council-79-fla-2001.