DADE COUNTY POLICE BENEVOLENT ASSOCIATION, INC., APPELLANT,
v.
MIAMI-DADE COUNTY, FLORIDA, APPELLEE
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The court affirmed dismissal of the police union's complaint, holding that the Public Employees Relations Commission has exclusive jurisdiction over labor disputes involving public employees under Florida Statutes Part II, Chapter 447.
Part II of Chapter 447 of the Florida Statutes grants the Public Employees Relations Commission exclusive jurisdiction over labor disputes between public employers and public employees, including matters that arguably constitute unfair labor practices.
[1] The Public Employees Relations Commission has exclusive jurisdiction over labor disputes and unfair labor practice allegations involving public employers and employees un…
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Join FLexlaw to unlock all legal intelligenceThe Dade County Police Benevolent Association filed a complaint against Miami-Dade County involving labor-related allegations.…
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Affirmed. See Florida Educ. Ass’n v. Wojcicki, 930 So.2d 812, 813 (Fla. 3d DCA 2006) (recognizing that “Part II of Chapter 447 of the Florida Statutes provides an exclusive method for resolving labor disputes between public employers and public employees .... Under this part, jurisdiction over labor activities is preempted in favor of PERC if the activities involved are arguably covered by Part II of Chapter 447.”); Browning v. Brody, 796 So.2d 1191, 1192-93 (Fla. 5th DCA 2001) (holding that case law “interpreting the jurisdictional scope of the [Public Employees Relations] Act has broadly included, as falling within PERC’s exclusive jurisdiction, those activities which ‘arguably’ constitute unfair labor practices as defined by section 447.501 ‘or the type of labor matter or dispute within the contemplation of Part II, Chapter 447’ ”) (quoting Maxwell v. School Bd. of Broward Cty., 330 So.2d 177, 180 (Fla. 4th DCA 1976)). See also Miami Ass’n of Firefighters Local 587 v. City of Miami, 87 So.3d 93 (Fla. 3d DCA 2012) (holding that even where a complaint containing allegations of unfair labor practices presents issues of constitutional dimension, PERC has exclusive jurisdiction and the complaint is subject to dismissal).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Maxwell v. The Sch. Bd. OF Broward Cnty., 330 So. 2d 177 (Fla. 4th DCA 1976)
- Guffey v. State, 796 So. 2d 1191 (Fla. 5th DCA 2001)
- Miami Ass'n OF Firefighters Local 587 of the Int'l Ass'n of Firefighters of Miami v. The City OF Miami, 87 So. 3d 93 (Fla. 3d DCA 2012)
- Fla. Educ. Ass'n v. Wojcicki, 930 So. 2d 812 (Fla. 3d DCA 2006)