title
COMMUNICATIONS WORKERS OF AMERICA, ET AL. V. CITY OF GAINESVILLE, PERC ADMINISTRATIVE APPEAL, CASE NOS. CA-2009-002, CA-2009-003, CA-2009-004, AND CA-2009-005 (NB)
recommendation
The City Commission authorize the City Attorney to file an appeal from the Public Employees Relations Commission's (PERC) Order on Court Remand to the First District Court of Appeal.
explanation
On July 21, 2011, the City Attorney's Office was authorized to file an appeal to invoke the discretionary jurisdiction of the Florida Supreme Court to review the decision of the First District Court of Appeal which found that the City committed an unfair labor practice when it changed the method of payment for retiree's health benefits. The City also asked the Florida Supreme Court to stay proceedings below pending the outcome of the case before the Court. The Florida Supreme Court has not yet ruled on the City's request for the Court to hear the case on the City's request for a stay.
After the First District's decision the case was remanded to PERC for further proceedings. On August 23, 2011, PERC entered an order implementing the First District's decision, notifying that the parties had 30 days to appeal from that order. The City filed an appeal to preserve its rights pending Florida Supreme Court review. The Union also filed an appeal from that order.