You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

City of Opa-Locka v. Dade County Police Benevolent Ass'n

Citations: 610 So. 2d 518; 1992 Fla. App. LEXIS 11768; 1992 WL 348426Docket: No. 92-272

Court: District Court of Appeal of Florida; November 23, 1992; Florida; State Appellate Court

Narrative Opinion Summary

In this case, the City of Opa-Locka contested the reinstatement of a police officer, Charles Jones, who had been terminated for disciplinary reasons. The Dade County Police Benevolent Association (PBA) initiated arbitration under the collective bargaining agreement (CBA) after the City denied a grievance related to Jones's termination. The City argued that the CBA did not allow for arbitration of disciplinary matters and refused to participate in the arbitration process. The arbitrator ruled in favor of Jones, leading the City to seek vacatur of the award in circuit court. The circuit court confirmed the award, but the City appealed, asserting its exclusive authority to discipline employees under the CBA and the City Charter. The appellate court agreed with the City, determining that the CBA does not provide for arbitration in disciplinary cases and that civil service rules govern such matters. Consequently, the appellate court vacated the arbitration award, reversing the lower court's decision and upholding the City's disciplinary action, effectively denying Jones's reinstatement and back pay.

Legal Issues Addressed

Arbitration of Disciplinary Matters under Collective Bargaining Agreements

Application: The court determined that disciplinary matters involving police officers are not subject to arbitration under the collective bargaining agreement (CBA) between the City and the Dade County Police Benevolent Association (PBA).

Reasoning: The City asserted that disciplinary matters were not subject to arbitration and declined to participate in the proceedings.

Authority to Discipline under Civil Service Ordinance

Application: The court affirmed the City's authority to discipline its employees, as outlined in the City Charter, which provides a process for officers to appeal disciplinary actions and is not overridden by the CBA.

Reasoning: The City cites Florida Statutes, asserting that the arbitration award should be vacated due to the absence of an arbitration provision for disciplinary matters in their agreement.

Conflict Between Collective Bargaining Agreements and Civil Service Ordinances

Application: The court held that the CBA does not supersede civil service rules regarding disciplinary procedures, as these are governed by existing ordinances.

Reasoning: The PBA’s argument that the CBA should prevail over civil service rules in case of conflict is not supported, as the cited Hillsborough County case addressed mandatory bargaining topics like wages, not disciplinary procedures governed by existing ordinances.

Reversal of Arbitration Award

Application: The appellate court vacated the arbitration award reinstating the officer, confirming that the City's disciplinary action is not subject to grievance under the current CBA.

Reasoning: Consequently, the order under review is vacated, confirming that the City’s disciplinary action is not subject to grievance under the current CBA.