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CAPO v. FLORIDA PUBLIC EMPLOYEES COUNCIL 79

No. 4D10-5153.

82 So.3d 1116 (2012)

Esteban CAPO, Appellant, v. FLORIDA PUBLIC EMPLOYEES COUNCIL 79, AFSCME and Department of Children and Families, Appellees.

District Court of Appeal of Florida, Fourth District.

February 29, 2012.

Attorney(s) appearing for the Case

Mark J. Berkowitz of Mark J. Berkowitz, P.A., Fort Lauderdale, for appellant.

Andrew Weltman , Staff Attorney and Alma R. Gonzalez , Special Counsel, for Appellee-Florida Public Employees Council 79 AFSCME.

TAYLOR, J.

Esteban Capo appeals the partial summary dismissal of his Amended Unfair Labor Practice charge against his labor union. We reverse, concluding that the Public Employees Relations Commission ("Commission") erred when it determined that Capo's hybrid unfair labor charge, based on his union's processing of his grievance, was not timely filed under section 447.503(6)(b), Florida Statutes.

On September 23, 2010, Capo filed an unfair labor practice charge...

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