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CORTES v. PUBLIC EMPLOYEES RELATIONS COM'N

No. 3D09-518.

36 So.3d 758 (2010)

Edgar CORTES, Luis Glorian, and Antoine Saint Paul, Appellants, v. PUBLIC EMPLOYEES RELATIONS COMMISSION and Transport Workers Union of America, Local 291, AFL-CIO, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 30, 2010.

Attorney(s) appearing for the Case

Randy A. Fleischer, P.A., Davie, for appellants.

Carlos R. Lopez, for the Public Employees Relations Commission; Phillips & Richard, P.A., and Judith Jackson Chorlog, for Transport Workers Union of America.

Before RAMIREZ, C.J., and COPE and GERSTEN, JJ.

PER CURIAM.

Edgar Cortes, Luis Glorian, and Antoine Saint Paul, appeal the Public Employees Relations Commission's (PERC's) Order Affirming General Counsel's Summary Dismissal of Amended Charges. Because we agree that PERC should not have summarily dismissed the appellants' cases without an evidentiary hearing, we reverse and remand for an evidentiary hearing to determine whether appellants are owed their seniority.

The facts of this case are undisputed. Edgar...

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