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Cypen & Cypen

August 29, 2014

Stephen H. Cypen, Esq., Editor

FLORIDA SUPREME COURT WILL CONSIDER MIAMI POLICE LABOR CASE: The Florida Supreme Court has accepted jurisdiction of a case that stems from the 2010 decision by the City of Miami to reduce wages and make other labor changes for police officers because of its budget woes. (See C & C Newsletter for July 25, 2013, Item 1). The FOP contends that the city improperly made the unilateral changes during a collective bargaining agreement. The city contends that state law allowed it to pursue changes during a time of financial urgency. The Florida Public Employees Relations Commission came down on the side of the city, and the First District Court of Appeal affirmed. The union asked the justices to take up the issue to provide certainty to public employers and public employees in collective bargaining as to the showing that a public employer must make before it can abrogate its contracts. In a 5-2 ruling, the Florida Supreme Court agreed to hear the case. Oral arguments will be set by separate order. Initial briefs are due on September 22, 2014. Chief Justice Jorge Labarga and Justices Barbara Pariente, R. Fred Lewis, Peggy Quince and James E.C. Perry were in the majority, while Justices Charles Canady and Ricky Polston dissented.  THIS NEWS IS BIG!



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