PINELLAS CTY., ETC. v. HILLSBOROUGH CTY., ETC.

No. 76-1548.

347 So.2d 801 (1977)

PINELLAS COUNTY POLICE BENEVOLENT ASSOCIATION et al., Appellants, v. HILLSBOROUGH COUNTY AVIATION AUTHORITY et al., Appellees.

District Court of Appeal of Florida, Second District.

June 29, 1977.


Attorney(s) appearing for the Case

Melanie C. Jacobson, Panza, O'Donnell & Jacobson, Fort Lauderdale, for appellant, Pinellas County Police Benevolent Ass'n.

Joseph H. Williams, Troutman, Parrish & Weeks, P.A., Winter Park, for appellant, International Brotherhood of Painters & Allied Trades, District Council 66.

Austin F. Reed, Staff Atty., for Jack L. McLean, Jr., Acting Gen. Counsel for appellant, Public Employees Relations Commission, Tallahassee.

Lucius M. Dyal, Jr., and Thomas M. Gonzalez, Shackleford, Farrior, Stallings & Evans, P.A., Tampa, for appellee, Hillsborough County Aviation Authority.

Peter W. Zinober, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., and J. Ronald Wigginton, Tampa, for appellee, Hillsborough County Civil Service Bd.

Steve A. Shackleford, Jr., Tallahassee, and Andrew M. Kramer, Chicago, Ill., of counsel, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, amicus curiae, Department of Administration, State of Florida.

Zwerdling & Maurer, A.L. Zwerdling, Detroit, Mich., General Counsel for AFSCME, AFL-CIO, Washington, D.C.; Allan Milledge and Earl G. Gallop, Milledge & Hermelee, Miami, amicus curiae, American Federation of State, County and Municipal Employees, AFL-CIO.


McNULTY, Judge.

This multi-party, multi-faceted declaratory decree action involves an interpretation of the Public Employees Relations Act1 (PERA) but resolves itself into one narrow legal issue, that being whether a Civil Service Board has discretion under the provisions of Section 447.309(3), Florida Statutes (1975), to amend or not its rules and regulations which are in conflict with a collective bargaining agreement entered into by...

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