Isabel del Pino Allen v. United Faculty of Miami Dade College, FEA, AFL-CIO, AFT Local 4253

Summary

The Florida Third District Court of Appeal affirmed a Public Employees Relations Commission order summarily dismissing Isabel del Pino Allen’s amended unfair labor practice charge against her union. The court held that the charge did not contain the clear and concise statement of facts required by Florida law and deferred to PERC’s interpretation of the applicable public-sector labor provisions. The court also held that PERC lacked jurisdiction to enforce the alleged Sunshine Law violation.

Holdings

1. PERC properly affirmed the General Counsel's summary dismissal because Allen's original and amended charges failed to provide the clear and concise statement of facts required by section 447.503(1), Florida Statutes.
2. PERC properly dismissed the Sunshine Law portion of the charge because the alleged Sunshine Law violation is enforceable by the courts, not by PERC.

Questions Presented

1. Whether PERC properly affirmed the General Counsel's summary dismissal of Allen's amended unfair labor practice charge for failing to contain a clear and concise statement of facts constituting the alleged unfair labor practice.
2. Whether PERC had jurisdiction to enforce the alleged violation of Florida's Sunshine Law.

Disposition

affirmed