CITY OF TALLAHASSEE v. PUB. EMP. REL. COM.

No. 60354.

410 So.2d 487 (1981)

CITY OF TALLAHASSEE, Appellant, v. PUBLIC EMPLOYEES RELATIONS COMMISSION, Appellee.

Supreme Court of Florida.

Rehearing Denied March 23, 1982.


Attorney(s) appearing for the Case

James M. Blue and Mark E. Levitt of the Law Offices of Hogg, Allen, Ryce, Norton & Blue, Tampa, and Bryan W. Henry, City Atty., Tallahassee, for appellant.

Michael M. Switzer, Asst. Gen. Counsel and Vernon Townes Grizzard, Staff Counsel, Public Emp. Relations Commission, Tallahassee, for appellee.

Peter J. Hurtgen and John B. Gallagher of Seyfarth, Shaw, Fairweather & Geraldson, Miami, for City of Miami, City of Boca Raton and Florida Public Emp. Labor Relations Ass'n, Inc., amicus curiae.

Robert M. Rhodes and James C. Hauser of Messer, Rhodes, Vickers & Hart, Tallahassee, for The Florida School Bds. Ass'n, Inc., amicus curiae.

Jane E. Heerema of Roberts & Egan, Tallahassee, for State Ass'n of County Com'rs, Inc., amicus curiae.

David V. Kerns, Gen. Counsel, Dept. of Administration, Tallahassee, Augustus D. Aikens, Jr., Div. Atty., Div. of Retirement, Tallahassee, Steve Shackelford, Atty. for Labor Relations, Office of Labor Relations, Tallahassee, and Caesar J. Naples, Gen. Counsel, Bd. of Regents, Tallahassee, for the Dept. of Administration, Div. of Retirement, Office of Labor Relations and Dept. of Ed., amicus curiae.

C. Anthony Cleveland, Gen. Counsel, Tallahassee, for the Florida Ed. Ass'n/United, AFT, AFL-CIO, amicus curiae.

Claude L. Mullis, League Counsel, Tallahassee, for Florida League of Cities, Inc., amicus curiae.

John D. Carlson of Woods, Johnston & Carlson, Tallahassee, for Florida Ass'n of School Adm'rs, Inc., amicus curiae.

Joseph H. Weil, City Atty., for City of North Bay Village and City of Sweetwater, Miami, amicus curiae.

John-Edward Alley and Joseph W. Carvin, Tampa, for the firm of Alley and Alley, Chartered, Miami, amicus curiae.

Gene "Hal" Johnson, Gen. Counsel, Tallahassee, for Florida Police Benevolent Ass'n, Inc., amicus curiae.

Irving Weinsoff, Miami, for American Federation of State, County and Municipal Emp. Council 79, amicus curiae.

Robert A. Sugarman of Kaplan, Sicking, Hessen, Sugarman, Rosenthal & De Castro, and Joseph C. Segor, Miami, for Professional Firefighters of Florida, Inc., amicus curiae.

Roy T. Rhodes of Horne, Rhodes, Jaffry, Horne & Carrouth, Tallahassee, for Intern. Ass'n of Firefighters, Local 2339, real party in interest.


ADKINS, Justice.

We have for review a decision of the District Court of Appeal, First District (City of Tallahassee v. Public Employees Relations Commission), 393 So.2d 1147 (Fla. 1st DCA 1981), holding unconstitutional portions of sections 447.301(2) and 447.309(5), Florida Statutes (1979). We have jurisdiction. Art. V, § 3(b)(1), Fla. Const.

Appellant, City of Tallahassee (hereinafter The City), filed with...

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