Citrus County v. Citrus County Professional Paramedic/EMT
Citrus County v. Citrus County Professional Paramedic/EMT
Opinion of the Court
Petitioner, Citrus County, seeks review of a non-final order
We have agreed to hear this matter on an emergency basis because Citrus County is in the process of attempting to finalize an agreement to “privatize” its EMT services. Citrus County claims that the stay has prevented Citrus County from doing so for a series of legal and practical reasons. In light of the filing of the instant petition, PERC issued an order “clarifying” that its stay does not preclude Citrus County from privatizing, that Citrus County’s unilateral decision to privatize is not an issue included in the impasse proceedings being stayed and that because Local 3521 had not sought to negotiate the decision to privatize, privatization can proceed. Citrus County, nevertheless, expresses the fear that in proceeding it will run the risk of an additional unfair labor practice charge. At the same time, however, Citrus County implicitly concedes that if Local 3521 were to succeed in its unfair labor practice claim that Citrus County prematurely declared an impasse in violation of its obligation to bargain in good faith, PERC would have remedial powers that would effectively undo any decision made in the course of the impasse proceeding. See § 447.503(6)(a) (1993).
Citrus County’s argument that PERC is without power to issue the stay of the impasse proceeding is based principally on section 447.503(3), which provides that whenever a party charging an unfair labor practice alleges it will suffer substantial and irreparable injury if it is not granted temporary relief, PERC “may petition the circuit court for appropriate injunctive relief pending the final adjudication by the Commission....” The question then becomes whether PERC was obliged to follow that statutory procedure upon receipt of the Local 3521’s unfair labor practice charge and motion for stay or whether it was empowered, on its own, to suspend the completion of the impasse procedure. Local 3521 contends, relying principally on the Supreme Court of Florida’s decision in City of Miami v. FOP Miami Lodge 20, 511 So.2d 549 (Fla. 1987), that PERC may order stays or deferrals of statutory proceedings in furtherance of its mandate to give
Apart from this seemingly pervasive authority with which PERC is infused, we are unable to agree PERC is obliged to follow section 447.503(3) and apply to the circuit court for injunctive relief in order to stay or defer an impasse proceeding. Although the impasse resolution procedure is described by statute, it is plainly placed within PERC’s jurisdiction. PERC is given the authority by statute to prescribe the rules by which the hearings before the special master are to be conducted. § 447.403(3). Oddly, the only rule promulgated by PERC that deals with stays or deferrals gives the special master the authority to defer conducting a hearing. Fla.Admin.Code R. 38D-19.007. That rule has no application here, however, since the special master hearing was completed before the unfair labor practice charge was made. In fact, it was not filed until three days before the special master issued her recommended decision on July 8.
Although Citrus County has presented us with a cogent and persuasive petition, we conclude that its premise is flawed; also, invalidating PERC’s stay would not alleviate the prejudice Citrus County claims it is suffering by virtue of the pendency of the unfair labor practice charge and the associated stay. If PERC can issue stays of impasse proceedings without a rule, and FOP Miami Lodge seems to suggest they can, due process would also demand that it also consider motions to lift a stay for good cause. In light of PERC’s clarifying order, that is the appropriate remedy for Citrus County to pursue.
PETITION DENIED.
. Fla.R.App.P. 9.130(a)(1).
. § 447.403, Fla.Stat. (1993).
.Emergency Medical Transport.
. The only authority for the stay cited by PERC was earlier orders of PERC issuing similar stays.
. Indeed, it appears that what prompted the unfair labor practice charge filing on July 5 was the expectation of a ruling from the special master unsatisfactory to the union. Of particular concern to us is the chronology: Citrus County declared an impasse on May 18. Following the procedure set forth in the statute and PERC rules, a special master was then selected. The special master hearing took place on June 22. The claim that Citrus County declared an impasse improperly was not filed until July 5. For reasons that must have to dó with its special expertise in labor relations, this delay appears not to have been significant to PERC.
. § 447.503, Fla.Stat. (1993).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.