For Immediate Release
Thursday, August 02, 2001
Florida State Employees File Lawsuit Against Gov. Jeb Bush and Katherine Harris for Violating Right to Collectively Bargain
Tallahassee, FL —Attorneys for Florida Council 79 of the American Federation of State, County and Municipal Employees (AFSCME) filed a lawsuit today challenging the recently passed "Service First" law that amends the state's Career Service System. Service First, pushed by Gov. Jeb Bush and his business allies, eliminates seniority consideration of state employees during layoffs and transfers 16,000 state workers into "at will" employment.
"The Florida Constitution protects the right of public employees to collectively bargain," said AFSCME Florida President Jeanette D. Wynn. "This lawsuit arises from the governor's refusal to bargain with his employees and the Legislature's disdain for the pertinent laws." The lawsuit was filed in Leon County Circuit Court on behalf of the 70,000 Career Service employees represented by AFSCME Florida in four bargaining units: human services, operational services, administrative-clerical and professional. The defendants in the lawsuit are Gov. Jeb Bush as the employer and Secretary of State Katherine Harris as the custodian of state laws.
The lawsuit asks the court to declare unconstitutional the Service First law and the section of the state budget that imposes a contract on AFSCME-represented bargaining units.
Here's why: During nine months of contract talks, negotiators for Gov. Jeb Bush never presented any written proposals addressing his sweeping Service First changes. The governor then declared an impasse in January and declined mediation, preferring instead to send the dispute to be heard by a special master — an independent labor relations expert agreed upon by both sides.
At the special master hearing in March, Gov. Bush still failed to provide anything in writing. He failed to present any concrete proposals until April 3, when a legislative committee was scheduled to hear the contract impasse. On this same day, the parties received the special master's report, which ruled against the governor on almost every issue and dubbed the plan "irrational" and "Service Worst."
Florida law requires a cooling-off period of 20 days after the receipt of a special master report to give the parties time to work out their differences before the Legislature steps in to force a settlement, but legislative leaders refused to obey the law, so a Tallahassee circuit judge at the behest of AFSCME issued an injunction barring the legislative hearing. Although the Florida Supreme Court struck down the injunction as too restrictive on the Legislature, it also reaffirmed the constitutional right of public employees to collectively bargain and to challenge any laws denying that right.
"The Legislature cannot make laws which obliterate constitutional rights," said Jack Dempsey, AFSCME general counsel. "Service First is a return to the political spoils system."
Count 1 of the lawsuit addresses the legislature's abuse of the process for resolving disputes between the governor and his employees — by meeting the same day as the special master report was received.
Count 2 of the lawsuit addresses the Legislature's resolution of issues not presented properly to the impasse process. Wages, hours and terms of employment-such as civil service rights-are mandatory subjects of bargaining. The Legislature cannot resolve these issues unless they are properly subjected to the impasse process because to do otherwise denies the right of state employees to bargain on these mandatory subjects. In this case, the state did not present its "last offer" until after the special master process and on the day of the legislative hearing. These were the first written proposals on Service First submitted by the governor during the entire collective bargaining process.
Count 3 addresses "logrolling," the Florida Constitution's prohibition against making substantive legal changes in budget bills in order to ensure that legal changes receive a full public hearing. The 2001 General Appropriations Act imposes a forced resolution of all disputed contract issues between the governor and AFSCME Florida. Most of these issues have nothing to do with appropriations.
Count 4 charges that Service First unconstitutionally waives the right of state employees to bargain over their employment by altering mandatory subjects of bargaining such as layoff procedures, discipline, compensation and job classifications. The imposed contract also gives the state the power to remove employees unilaterally from AFSCME Florida bargaining units.
Count 5 charges that Service First violates the equal protection of the laws guarantee under the Florida and U.S. constitutions. Service First excludes various classes of state employees, but singles out AFSCME's bargaining units for the most punitive changes. AFSCME believes that this is because of its strident opposition to the policies of the governor and his brother.
Count 6 addresses the elimination of special masters and mediation from the resolution of contract disputes between the governor and his employees. This change was made because the governor and legislators disliked the fact that this year's special master ruled against them on Service First.
Count 7 charges that Service First will deny state employees due process of law by prohibiting the Public Employees Relations Commission from changing the disciplinary action, by imposing unreasonable time limits and by limiting any possibility of fairness - virtually ensuring disparate and therefore illegal treatment of state employees. The new law also fails to require back pay for employees reinstated after wrongful discipline.
