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MANATEE EDUCATION ASS'N v. SCHOOL BOARD

No. 1D09-1435.

62 So.3d 1176 (2011)

MANATEE EDUCATION ASSOCIATION, FEA, AFT (Local 3821), AFL-CIO, Appellant, v. SCHOOL BOARD OF MANATEE COUNTY, Florida and Florida Public Employees Relations Commission, Appellees.

District Court of Appeal of Florida, First District.

June 2, 2011.

Attorney(s) appearing for the Case

Thomas W. Brooks and Jennifer S. Blohm of Meyers, Brooks, Demma, Aspros & Blohm, P.A., Tallahassee, for Appellant.

Paul A. Donnelly , Laura A. Gross , and Jung Yoon , Gainesville, for Amici Curiae Communications Workers of America, AFL-CIO and Professional Firefighters of Ocala, IAFF Local 2135; G. Hal Johnson , Tallahassee for Amicus Curiae Florida Police Benevolent Association, Inc.; Richard A. Sicking , Coral Gables, for Amicus Curiae Florida Professional Firefighters, Inc.; Noah Scott Warman of Sugarman & Susskind, Coral Gables, for Amicus Curiae Government Supervisors Association of Florida, OPEIU, Local 100 & Teamsters Local 769. John W. Bowen , Bradenton, and Thomas M. Gonzalez , Brian C. Ussery , and Christopher M. Bentley of Thompson, Sizemore, Gonzalez & Hearing, P.A., Tampa, for Appellee School Board of Manatee County, Florida.

Joey D. Rix , Staff Attorney, Public Employees Relations Commission, Tallahassee, for Appellee Public Employees Relations Commission.

Thomas M. Gonzalez , Brian C. Ussery , and Christopher M. Bentley of Thompson, Sizemore, Gonzalez & Hearing, P.A., Tampa, for Amici Curiae Florida School Boards Association, Inc. and Florida Association of District School Superintendents.

BENTON, C.J.

A union that represents teachers and paraprofessionals, the Manatee Education Association, FEA, AFT (Local 3821), AFL-CIO (the union), appeals a final order of the Public Employees Relations Commission (PERC) dismissing an unfair labor practice charge the union filed against the School Board of Manatee County (School Board), alleging that the School Board had committed an unfair labor practice by improperly invoking section 447.4095, Florida Statutes...

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