Geiger v. DUVAL CTY. SCH. BD.

357 So. 2d 442, 98 L.R.R.M. (BNA) 2007
CourtDistrict Court of Appeal of Florida
DecidedMarch 30, 1978
DocketDD-464
StatusPublished
Cited by5 cases

This text of 357 So. 2d 442 (Geiger v. DUVAL CTY. SCH. BD.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Geiger v. DUVAL CTY. SCH. BD., 357 So. 2d 442, 98 L.R.R.M. (BNA) 2007 (Fla. Ct. App. 1978).

Opinion

357 So.2d 442 (1978)

James W. GEIGER and Duval Teachers United, an Unincorporated Labor Organization, Appellants,
v.
DUVAL COUNTY SCHOOL BOARD, Appellee.

No. DD-464.

District Court of Appeal of Florida, First District.

March 30, 1978.
Rehearing Denied May 3, 1978.

*443 William H. Maness, Jacksonville, for appellants.

Dawson A. McQuaig, William Lee Allen, Jacksonville, for appellee.

MELVIN, Judge.

Appellants-defendants seek review of a final judgment entered in favor of appellee-plaintiff (Duval County School Board). Plaintiff sought an injunction to restrain James W. Geiger and Duval Teachers United from engaging in certain activities in connection with the efforts of the defendants to obtain a teachers' contract with Duval County School Board that would be acceptable to defendants.

After considering extensive testimony offered by the parties the court entered its final judgment, and we think it to be beneficial to set forth pertinent portions thereof:

"The Court makes the following findings:
"1. This action and the companion consolidated action 76-9208-CA arose out of a threatened illegal strike by members of Duval Teachers United by reason of the failure of the parties to agree upon a contract for the current school year.
"2. At the time of the filing of this action and of the counterclaim, the defendant Duval Teachers United was the exclusive bargaining agent for teachers and teachers aides in the Duval County School System and the defendant James W. Geiger was president of that organization.
"3. In the companion consolidated action, case No. 76-9208-CA, the Court entered an order on September 8, 1976, which is still in force and effect, containing the following:
"`3. Until the further order of the Court, the parties shall continue to operate under the expired agreement with regard to wages, insurance, dues deductions and mail service, provided that the defendant Duval Teachers United, its members, representatives and all other persons are restrained and enjoined from using the inter-office mails for the school system or the bulletin board at any school or office building of the school system for the publication or dissemination of any writings, posters or other documents containing any critical, caustic, scurrilous or abusive matter of or concerning the School Board, its members, the Superintendent of public schools and negotiators or for urging or encouraging any teacher or other employee of the school system to strike or absent himself or herself from the assigned post of duty of such person.'
"4. At the time this action was filed, the Duval County School Board had established the following regulation or policy with regard to meetings and visitations by representatives of Duval Teachers United with teachers:
*444 "`MEETINGS AND VISITATION
"`DTU members may hold meetings before or after the teachers' normal work assignment on campus, provided such meetings do not conflict with other school activities or assigned duties of teachers.
"`Representatives of the DTU may visit with teachers at school locations before or after school or during the lunch period, insofar as such visits shall not conflict with other school activities or assigned duties of teachers. DTU representatives may visit school locations at other times subject to the approval of the school Principal or the Assistant Superintendent for Personnel.
"`In any event, DTU representatives shall report their presence to the Principal at the time of entry on school premises.'
"5. In the `Interim Order' entered in this action on October 12, 1976, the Court made (and hereby confirms) the following findings:
"`(a) Beginning September 30, 1976, and continuing through October 7, 1976, members and representatives of the Duval Teachers United have visited many schools in Duval County on the pretense or pretext that they had come to talk with teachers about the `issues in collective bargaining' or to distribute materials.
"`(b) In some instances, prior notice or information was given to one or more T-V stations by the Duval Teachers United representative as to the time of the visits, and on such occasions T-V cameras and T-V personnel were present when the representatives arrived.
"`(c) In substantially all instances, the principal of the particular school has offered a suitable room or office to the representatives of Duval Teachers United for a meeting and offered to cooperate in giving teachers notice of the meeting, but the Duval Teachers United representatives have defiantly and arbitrarily gone to the teachers' lounge over the objection of the principal; or, having gone into the teachers' lounge without the principal's knowledge, the Duval Teachers United representatives have refused to leave the lounge. Police were called and arrests were made in more than fifteen instances.
"`(d) Representatives of Duval Teachers United have been accompanied on their visits to the schools by labor representatives from Massachusetts, New York, Pennsylvania, Illinois and Tallahassee. Their defiant attitudes, the police cars, the T-V cameras and the arrested persons being led through the halls and (in some cases) through lines of students have created an intolerable situation which is detrimental to pupil and teacher alike.
"`(e) Since the entry of the injunction on October 1, 1976, the Duval Teachers United representatives have not attempted `to take over any space' in a school. They have merely acted arbitrarily and irresponsibly by insisting on going into and remaining in teachers' lounges in opposition to the school principals. As a consequence, they are not in contempt, but the injunction should be broadened to prevent further such conduct.'
"6. Many teachers in the school system are not members of the defendant union, and the lounges in the schools are used by union and non-union teachers alike for eating, smoking and drinking beverages which teachers are not permitted to do in other areas of school buildings and lounges are not appropriate places for the carrying on of union activities.
"Upon consideration, it is ORDERED AND ADJUDGED:
"I. The representatives of Duval Teachers United have the right to contact, visit and meet with teachers on and in school premises before and after school hours and during lunch periods, provided the same do not conflict with assigned duties of teachers or other school activities.
*445 "II. Duval Teachers United and its representatives have the right to use school mails and bulletin boards in schools as provided in and subject to the prohibitions contained in paragraph 3 of the order of this Court set forth in paragraph 3 above.
"III.

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357 So. 2d 442, 98 L.R.R.M. (BNA) 2007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geiger-v-duval-cty-sch-bd-fladistctapp-1978.