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Federation of Public Employees, District No. 1 v. Public Employees Relations Commission

Citations: 478 So. 2d 117; 10 Fla. L. Weekly 2535; 1985 Fla. App. LEXIS 16759Docket: No. 84-2531

Court: District Court of Appeal of Florida; November 12, 1985; Florida; State Appellate Court

Narrative Opinion Summary

In this case, the appellant sought to have the Federation recognized as the collective bargaining representative for deputy clerks of the Circuit Court of the Seventeenth Judicial Circuit. The petition was filed with the Public Employees Relations Commission, which ultimately dismissed it following an evidentiary hearing. The dismissal was based on the precedent set by Murphy v. Mack, which determined that certain public officials, like deputy sheriffs, are not considered public employees for collective bargaining purposes under Florida law due to their appointment under specific statutory provisions. This same reasoning was applied to deputy clerks, as they are appointed by the clerk and do not meet the statutory definition of public employees as per Chapter 447, Florida Statutes. The decision of the Public Employees Relations Commission was affirmed by the court, with all judges concurring, thereby barring the deputy clerks from seeking collective bargaining rights. This case reinforces the distinction between categories of public officers and employees within Florida's legal framework concerning labor relations.

Legal Issues Addressed

Collective Bargaining Rights under Florida Law

Application: The case determined that deputy clerks, appointed by the clerk, are not considered public employees for the purpose of collective bargaining under Chapter 447, Florida Statutes, similar to the precedent set for deputy sheriffs.

Reasoning: This rationale was found to be equally applicable to deputy clerks, who are appointed by the clerk and do not fall under the statutory definition of public employees as outlined in Chapter 447, Florida Statutes.

Precedent Application in Public Employee Classification

Application: The court applied the precedent from Murphy v. Mack, which distinguishes between public employees and those appointed under specific statutory provisions, affecting their eligibility for collective bargaining.

Reasoning: The basis for the dismissal relied on the precedent set in Murphy v. Mack, which established that deputy sheriffs, though recognized as public employees under Florida law, are not categorized as public employees for collective bargaining purposes due to their appointment under section 30.07, Florida Statutes.