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Monday, March 2, 2009

Teacher's Union ULP Over Financial Urgency Dismissed by PERC

Not here, though. This is from Manatee County Florida. The Florida Public Employees Relations Commission ruled in favor of Manatee County, dismissing an Unfair Labor Practice Complaint brought against that district by the Manatee Education Association (MEA).

From the Friday, February 27, PERC final order:

"In the instant case, there is no dispute that on May 5, 2008, the school district's representative notified the MEA that it was declaring a financial urgency under section 447.4095. Based on the express language of that statute, the MEA was thereafter required to engage in an insulated period of negotiations over the impact of the financial urgency. Because the MEA refused to engage in such negotiations, the school district's declaration of an impasse, and subsequent modification to the collective bargaining agreements at issue pursuant to the impasse resolution procedures set forth in 447.403, was not unlawful."


Read the entire final order here:

http://www.scribd.com/doc/12935184/Manatee-County-Financial-Urgency-ULP-Defeated

Neither side was awarded legal fees.

This case was decided by a 2-1 vote, with Ray and Varn concurring, and Kossuth dissenting. (In the recent Escambia County victory at PERC, that matter was also decided by Ray and Varn concurring, and Kossuth dissenting)

2 comments:

Anonymous said...

Oops looks like the Union was correct in this case. The courts just disagreed with PERC and ordered them to redo the case. Looks like Manataee County school board went a bit too far in violating the teachers basic bargaining rights.

Jeff Bergosh said...

Anon--That's too bad for taxpayers if what you say is true. can you provide a link to the case you reference? Thanks