Thursday, September 10, 2015

Supreme Court Won't Hear County Appeal - Big Win for the PBA and Unions. By Geniusofdespair

I asked Harvard Grad, Lawyer, Author, County Commissioner Xavier Suarez what he thought of the Supreme Court's decision to not reverse a lower court, that strips the Mayor of  veto power in Union impasses in negotiations:
"The court's decision saying the mayor can't veto the commission ruling on a impasse in Union Contracts, I fully expected that result. How can  Mayor Gimenez be party to an impasse under collective bargaining laws and veto what the Board does? It is clearly a Quasi-judicial decision of the Board of Commissioners."

This is a win for County Employees. Struck down was the Mayor's power to veto stand-offs in union contracts. As I write, I think there are about 4 union contract negotiations in the works.

County Commissioner Daniella Levine Cava of District 8 said:

"The decision upholds the separation of powers doctrine where executive is separate from judiciary. It upholds rights of employees to due process. "

Siding unanimously with the Police Benevolent Association by refusing to hear the County's appeal, the Supreme Court of Florida stripped Mayor Gimenez' power to veto. Big win for unions.  According to Doug Hanks of the Miami Herald:

Decision means unions need 7 votes to approve contracts not 9.
Union lawyers argued Florida law only gives the legislative branch authority to resolve impasses between unions and the administration of a local government. The First District Court of Appeal agreed in a February decision, and this week the state’s highest court declined to review the case.
“The impact of this ruling will be felt statewide as it dictates the procedures for fair resolution of labor disputes and guards against the abuse of power,” said John Rivera, president of the local Police Benevolent Association, which is the county’s police union. “It’s not only a win for Miami-Dade County employees, it’s a win for all employees across the state.”
Did we the taxpayers pay for this lawsuit? Do we have to pay the PBA costs? Why Did the county fight this lawsuit in the first place and then appeal it twice?

Read more here:


Anonymous said...

Yes, we the taxpayers will pay but the cost will be covered and buried in a department's budget. I've always wanted to see the track record of our county attorneys, the highest paid of all county employees (not including Jackson "not for profit" Memorial Hospital.)

The settlements, the costs boiled down - I'd bet it's a significant portion of the county budget that isn't discussed.

Anonymous said...

Gimenez will be running for re-election as a "tough guy" who made hard decisions during difficult economic days. His red faced, rocking angry-baby tactics should be front and center in commercials. It was arrogance to be the judge and jury in impasse proceedings that he created. Opponents running against him should know that there are hundreds of thousands of dollars in waste created by his decisions. There has been postponed maintenance, renovations, and other forced actions that need to be quietly undone.

Anonymous said...

This must be a big loss for Gimenez. Now he can't screw with the unions.

Anonymous said...

Gimenez should be made to pay from his pensions. By the way, it would be nice to know how much money they have had to pay out, including legal fees, to all lawsuits filed against the county under the Gimenez administration