Service Employees Intern. Union 16 v. Perc

752 So. 2d 569, 2000 WL 31835
CourtSupreme Court of Florida
DecidedJanuary 13, 2000
DocketSC94427
StatusPublished
Cited by3 cases

This text of 752 So. 2d 569 (Service Employees Intern. Union 16 v. Perc) 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
Service Employees Intern. Union 16 v. Perc, 752 So. 2d 569, 2000 WL 31835 (Fla. 2000).

Opinion

752 So.2d 569 (2000)

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 16, AFL-CIO, Petitioner,
v.
PUBLIC EMPLOYEES RELATIONS COMMISSION, et al., Respondent.

No. SC94427.

Supreme Court of Florida.

January 13, 2000.

Joseph Egan, Jr., Kathryn S. Piscitelli, Egan, Lev & Siwica, P.A., Orlando, Florida, for petitioner.

Stephen A. Meek, General Counsel, Christi Gray Sundberg, Staff Attorney, Public Employees Relations Commission, Tallahassee, Florida, Allen J. McKenna, Aaron L. Zandy of Garwood, McKenna, McKenna & Wolf, P.A., Orlando, Florida, for respondents.

Lorence Jon Bielby, Greenberg Traurig, P.A., Tallahassee, Florida, for Florida Association of Court Clerks, Inc., amicus curiae.

Thomas W. Brooks, Meyer and Brooks, P.A., Tallahassee, Florida, for Federation *570 of Physicians and Dentists/Alliance of Healthcare and Professional Employees, amicus curiae.

PER CURIAM.

We have for review Service Employees International Union v. Public Employees Relations Commission, 720 So.2d 290 (Fla. 5th DCA 1998), wherein the district court certified the following question:

Are deputy court clerks, unlike deputy sheriffs, public employees within the contemplation of section 447.203(3), Florida Statutes?

Service Employees, 270 So.2d at 291 (capitals omitted). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answer in the affirmative as explained below and quash Service Employees.

On April 1, 1997, the Clerk of the Circuit Court in Orange County ("Clerk") fired Patricia O'Brien from her job as Court Specialist V or Clerk V.[1] O'Brien contested the firing, pointing out that she had worked for the Clerk for years and had accumulated a good work record. She claimed that she had been fired because she had recently met with a union official, had signed a card supporting the union, and had talked favorably about the union in the lunch room with fellow employees. The Clerk, on the other hand, asserted that she fired O'Brien not because O'Brien was organizing a union but because she had falsified time records.

The union, Service Employees International Union ("Union"), filed on O'Brien's behalf an unfair labor charge with the Public Employees Relations Commission ("PERC") pursuant to part II of chapter 447, Florida Statutes (1997), which protects a public employee's right to engage in collective bargaining activities. The general counsel of PERC summarily dismissed the charge, concluding that under existing case law deputy court clerks are not considered "public employees" within the purview of chapter 447. The Union appealed and PERC affirmed, adopting the analysis of its general counsel. On appeal to the district court, the court recognized this Court's decision in Murphy v. Mack, 358 So.2d 822 (Fla.1978) (holding that deputy sheriffs are not "public employees" under chapter 447), but questioned the wisdom of extending Murphy to deputy court clerks:

We are also hesitant to compare deputy court clerks with deputy sheriffs because deputy sheriffs act constantly "on behalf of the sheriff in their enforcement of the law. Such deputies are called upon to exercise independent discretion and judgment in carrying out their duties, duties that often involve life or death situations. On the other hand, deputy court clerks do not tote a gun or carry a badge; they take notes and file evidence. Their work is generally routine and involves very little discretion. Just observing them at work it would be difficult to distinguish between a deputy court clerk and a secretary. This is not to diminish the importance of the work performed by the deputy clerks of court, it is merely to point out that they look surprisingly like other public employees.

Service Employees, 720 So.2d at 291. The court nevertheless felt compelled to affirm.

The Clerk argues as follows: A court clerk is an elected constitutional officer who has the authority to exercise a share of the power of the sovereign; a clerk has the statutory authority to "appoint" (not "employ") deputies to whom the clerk may delegate a share of the sovereign power; under existing case law, deputy sheriffs are not considered "public employees" for chapter 447 purposes: therefore, deputy clerks also should not be considered public employees. The Clerk relies on Murphy v. Mack, 358 So.2d 822 (Fla.1978), to support her position. This argument misses the mark for several reasons.

Article I, section 6, Florida Constitution, guarantees the right of Florida workers— *571 both public and private—to collectively bargain:

SECTION 6. Right or work.—The right of persons to work shall not be denied or abridged on account of membership or non-membership in any labor union or labor organization. The right of employees, by and through a labor organization, to bargain collectively shall not be denied or abridged. Public employees shall not have the right to strike.

Art. I, § 6, Fla. Const. The Legislature in 1974 enacted the Public Employees Relations Act ("Act") to implement this right for public employees.[2] The Act is codified in chapter 447, part II, Florida Statutes (1997).

In determining the scope of coverage under the Act, legislative intent is the polestar that guides our inquiry.[3] The legislative statement of policy is broad:

447.201 Statement of policy.—It is declared that the public policy of the state, and the purpose of this part, is to provide statutory implementation of s. 6, Art. I of the State Constitution, with respect to public employees; to promote harmonious and cooperative relationships between government and its employees, both collectively and individually; and to protect the public by assuring, at all times, the orderly and uninterrupted operations and functions of government. It is the intent of the Legislature that nothing herein shall be construed either to encourage or discourage organization of public employees. These policies are best effectuated by:
(1) Granting to public employees the right of organization and representation;
(2) Requiring the state, local governments, and other political subdivisions to negotiate with bargaining agents duly certified to represent public employees;
(3) Creating a Public Employees Relations Commission to assist in resolving disputes between public employees and public employers; and
(4) Recognizing the constitutional prohibition against strikes by public employees and providing remedies for violations of such prohibition.

§ 447.201, Fla.Stat. (1997).

The Act established PERC and set forth a procedural framework governing collective bargaining practices for public employees. Section 447.203 defines the term "public employee" broadly as "any person employed by a public employer." The section then sets forth an exhaustive list of exceptions.[4] Nowhere in this list of *572 exceptions is the term "deputy" mentioned. The gist of section 447 .203 is simple. There are two basic categories of persons who work for the public: (1) employees in the ordinary sense of the word, and (2) managerial level employees (as well as various other specialized workers). Employees in the ordinary sense of the word are considered "public employees" under the Act and their right to collectively bargain is protected. Managerial level employees, on the other hand, are not considered "public employees" and their right to collectively bargain is not protected by the Act.

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Bluebook (online)
752 So. 2d 569, 2000 WL 31835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/service-employees-intern-union-16-v-perc-fla-2000.