Shawn Russell v. Florida Department of Corrections

Summary

The Florida First District Court of Appeal affirmed an order vacating an arbitration award that reduced Shawn Russell’s disciplinary dismissal to a suspension. The court held that the arbitrator exceeded the authority granted by the collective bargaining agreement by imposing a timeliness requirement inconsistent with the statutory limitations period for disciplining correctional officers under section 112.532(6)(a), Florida Statutes.

Holdings

1. The arbitrator exceeded his authority by mitigating Russell's otherwise lawful dismissal based on a timeliness restriction inconsistent with the collective bargaining agreement and the 180-day notice period provided by section 112.532(6)(a), Florida Statutes.
2. The circuit court properly vacated the arbitration award under section 682.13(1)(d), Florida Statutes, because the arbitrator exceeded his powers.

Questions Presented

1. Whether the arbitrator exceeded his authority by mitigating an otherwise lawful disciplinary dismissal based on a timeliness requirement that was not authorized by the collective bargaining agreement and was inconsistent with the statutory limitations period for disciplinary action against correctional officers.
2. Whether the circuit court properly vacated the arbitration award under section 682.13(1)(d), Florida Statutes.

Disposition

affirmed