Polk County Schools Collective Bargaining Agreement
On July 23, 2009, the AEP filed a complaint against unfair labour practices with THE PERC, it was alleged that the school district had violated Sections 447.501 (1) (a) and (c) by unilaterally changing the conditions and options for its members` health insurance6. the order in favour of the AEP decision, including the provision that the AEP`s participation in the CLC and the Steering Committee did not waive its right to collective bargaining and that the school district did not demonstrate that there were urgent circumstances in place for it to circumvent collective bargaining with the AEP. The PERC then adopted a final order that adopted the factual findings and legal findings of the Auditor-Advisor. “In the absence of a clear and unequivocal waiver by the certified negotiating representative of imperative circumstances requiring immediate action or legislative action taken following an impasse, unilateral changes to the wages, hours or other terms of employment of workers represented by a certified bargaining partner constitute a violation of provisions 447.501 (a) and c).” Fla. Sch. for the Deaf – the Blind v. Florida Sch. for the Deaf – the Blind, Teachers United, FTP-NEA, 483 So.2d 58, 59 (Fla. 1st DCA 1986) (addition); See also Martin Cnty`s court. v. Martin Cnty. Educ. Ass`n, 613 So.2d 521, 522 (Fla.
4. DCA 1993) (same). “Or inaction to become a “clear and unequivocal” renunciation, consideration of all the circumstances must show that the [negotiation] officer`s conduct is that the only reasonable conclusion is that he has waived his right to negotiate the amendment that has been noted.” Leon Cnty. Police Benevolent Ass`n v. City of Tallahassee, 8 FPER 13400 (1982), aff`d, 445 So.2d 604 (Fla. 1. DCA 1984). The Polk County School District (District) is appealing a final order from the Public Employees Relations Commission (PERC) finding that the school district committed an unfair professional practice and violated paragraphs 447.501,1) (a) and c, Florida Statutes (2008) by unilaterally changing health insurance conditions and options for members of the Polk Education Association (PEA). The school district makes four arguments on appeal, two of which we believe is worth discussing. Given that we believe that the carefully uncoupled evidence is based on the PERC`s determination, that the AEP has not waived its right to collective bargaining, and that there have been no exceptional circumstances that represent an exception to the AEP`s right to bargain collectively, we reiterate our assertion.